A. Permits shall address avoidance and minimization of wetland impacts to themaximum extent practicable. A permit shall be issued only if the Board findsthat the effect of the impact, together with other existing or proposedimpacts to wetlands, will not cause or contribute to a significant impairmentof state waters or fish and wildlife resources.
B. Permits shall contain requirements for compensating impacts on wetlands.Such compensation requirements shall be sufficient to achieve no net loss ofexisting wetland acreage and functions and may be met through wetlandcreation or restoration, purchase or use of mitigation bank credits pursuantto § 62.1-44.15:23, or contribution to a Board-approved fund dedicated toachieving no net loss of wetland acreage and functions. When utilized inconjunction with creation, restoration, or mitigation bank credits,compensation may incorporate (i) preservation or restoration of uplandbuffers adjacent to wetlands or other state waters or (ii) preservation ofwetlands.
C. The Board shall utilize the U.S. Army Corps of Engineers' "WetlandsDelineation Manual, Technical Report Y-87-1, January 1987, Final Report" asthe approved method for delineating wetlands. The Board shall adoptappropriate guidance and regulations to ensure consistency with the U.S. ArmyCorps of Engineers' implementation of delineation practices. The Board shallalso adopt guidance and regulations for review and approval of the geographicarea of a delineated wetland. Any such approval of a delineation shall remaineffective for a period of five years; however, if the Board issues a permitpursuant to this article for an activity in the delineated wetland within thefive-year period, the approval shall remain effective for the term of thepermit. Any delineation accepted by the U.S. Army Corps of Engineers assufficient for its exercise of jurisdiction pursuant to § 404 of the CleanWater Act shall be determinative of the geographic area of that delineatedwetland.
D. The Board shall develop general permits for such activities in wetlands asit deems appropriate. General permits shall include such terms and conditionsas the Board deems necessary to protect state waters and fish and wildliferesources from significant impairment. The Board is authorized to waive therequirement for a general permit or deem an activity in compliance with ageneral permit when it determines that an isolated wetland is of minimalecological value. The Board shall develop general permits for:
1. Activities causing wetland impacts of less than one-half of an acre;
2. Facilities and activities of utilities and public service companiesregulated by the Federal Energy Regulatory Commission or State CorporationCommission. No Board action on an individual or general permit for suchfacilities shall alter the siting determination made through Federal EnergyRegulatory Commission or State Corporation Commission approval. The Board andthe State Corporation Commission shall develop a memorandum of agreementpursuant to §§ 56-46.1, 56-265.2, 56-265.2:1, and 56-580 to ensure thatconsultation on wetland impacts occurs prior to siting determinations;
3. Coal, natural gas, and coalbed methane gas mining activities authorized bythe Department of Mines, Minerals and Energy, and sand mining;
4. Virginia Department of Transportation or other linear transportationprojects; and
5. Activities governed by nationwide or regional permits approved by theBoard and issued by the U.S. Army Corps of Engineers. Conditions contained inthe general permits shall include, but not be limited to, filing with theBoard any copies of preconstruction notification, postconstruction report,and certificate of compliance required by the U.S. Army Corps of Engineers.
E. Within 15 days of receipt of an individual permit application, the Boardshall review the application for completeness and either accept theapplication or request additional specific information from the applicant.Within 120 days of receipt of a complete application, the Board shall issuethe permit, issue the permit with conditions, deny the permit, or decide toconduct a public meeting or hearing. If a public meeting or hearing is held,it shall be held within 60 days of the decision to conduct such a proceeding,and a final decision as to the permit shall be made within 90 days ofcompletion of the public meeting or hearing.
F. Within 15 days of receipt of a general permit application, the Board shallreview the application for completeness and either accept the application orrequest additional specific information from the applicant. A determinationthat an application is complete shall not mean the Board will issue thepermit but means only that the applicant has submitted sufficient informationto process the application. The Board shall deny, approve, or approve withconditions any application for coverage under a general permit within 45 daysof receipt of a complete preconstruction application. The application shallbe deemed approved if the Board fails to act within 45 days.
G. No Virginia Water Protection Permit shall be required for impacts towetlands caused by activities governed under Chapter 13 (§ 28.2-100 et seq.)of Title 28.2 or normal agricultural activities or normal silviculturalactivities. This section shall also not apply to normal residentialgardening, lawn and landscape maintenance, or other similar activities thatare incidental to an occupant's ongoing residential use of property and ofminimal ecological impact. The Board shall develop criteria governing thisexemption and shall specifically identify the activities meeting thesecriteria in its regulations.
H. No Virginia Water Protection Permit shall be required for impacts causedby the construction or maintenance of farm or stock ponds, but other permitsmay be required pursuant to state and federal law. For purposes of thisexclusion, farm or stock ponds shall include all ponds and impoundments thatdo not fall under the authority of the Virginia Soil and Water ConservationBoard pursuant to Article 2 (§ 10.1-604 et seq.) of Chapter 6 pursuant tonormal agricultural or silvicultural activities.
A. Permits shall address avoidance and minimization of wetland impacts to themaximum extent practicable. A permit shall be issued only if the Board findsthat the effect of the impact, together with other existing or proposedimpacts to wetlands, will not cause or contribute to a significant impairmentof state waters or fish and wildlife resources.
B. Permits shall contain requirements for compensating impacts on wetlands.Such compensation requirements shall be sufficient to achieve no net loss ofexisting wetland acreage and functions and may be met through wetlandcreation or restoration, purchase or use of mitigation bank credits pursuantto § 62.1-44.15:23, or contribution to a Board-approved fund dedicated toachieving no net loss of wetland acreage and functions. When utilized inconjunction with creation, restoration, or mitigation bank credits,compensation may incorporate (i) preservation or restoration of uplandbuffers adjacent to wetlands or other state waters or (ii) preservation ofwetlands.
C. The Board shall utilize the U.S. Army Corps of Engineers' "WetlandsDelineation Manual, Technical Report Y-87-1, January 1987, Final Report" asthe approved method for delineating wetlands. The Board shall adoptappropriate guidance and regulations to ensure consistency with the U.S. ArmyCorps of Engineers' implementation of delineation practices. The Board shallalso adopt guidance and regulations for review and approval of the geographicarea of a delineated wetland. Any such approval of a delineation shall remaineffective for a period of five years; however, if the Board issues a permitpursuant to this article for an activity in the delineated wetland within thefive-year period, the approval shall remain effective for the term of thepermit. Any delineation accepted by the U.S. Army Corps of Engineers assufficient for its exercise of jurisdiction pursuant to § 404 of the CleanWater Act shall be determinative of the geographic area of that delineatedwetland.
D. The Board shall develop general permits for such activities in wetlands asit deems appropriate. General permits shall include such terms and conditionsas the Board deems necessary to protect state waters and fish and wildliferesources from significant impairment. The Board is authorized to waive therequirement for a general permit or deem an activity in compliance with ageneral permit when it determines that an isolated wetland is of minimalecological value. The Board shall develop general permits for:
1. Activities causing wetland impacts of less than one-half of an acre;
2. Facilities and activities of utilities and public service companiesregulated by the Federal Energy Regulatory Commission or State CorporationCommission. No Board action on an individual or general permit for suchfacilities shall alter the siting determination made through Federal EnergyRegulatory Commission or State Corporation Commission approval. The Board andthe State Corporation Commission shall develop a memorandum of agreementpursuant to §§ 56-46.1, 56-265.2, 56-265.2:1, and 56-580 to ensure thatconsultation on wetland impacts occurs prior to siting determinations;
3. Coal, natural gas, and coalbed methane gas mining activities authorized bythe Department of Mines, Minerals and Energy, and sand mining;
4. Virginia Department of Transportation or other linear transportationprojects; and
5. Activities governed by nationwide or regional permits approved by theBoard and issued by the U.S. Army Corps of Engineers. Conditions contained inthe general permits shall include, but not be limited to, filing with theBoard any copies of preconstruction notification, postconstruction report,and certificate of compliance required by the U.S. Army Corps of Engineers.
E. Within 15 days of receipt of an individual permit application, the Boardshall review the application for completeness and either accept theapplication or request additional specific information from the applicant.Within 120 days of receipt of a complete application, the Board shall issuethe permit, issue the permit with conditions, deny the permit, or decide toconduct a public meeting or hearing. If a public meeting or hearing is held,it shall be held within 60 days of the decision to conduct such a proceeding,and a final decision as to the permit shall be made within 90 days ofcompletion of the public meeting or hearing.
F. Within 15 days of receipt of a general permit application, the Board shallreview the application for completeness and either accept the application orrequest additional specific information from the applicant. A determinationthat an application is complete shall not mean the Board will issue thepermit but means only that the applicant has submitted sufficient informationto process the application. The Board shall deny, approve, or approve withconditions any application for coverage under a general permit within 45 daysof receipt of a complete preconstruction application. The application shallbe deemed approved if the Board fails to act within 45 days.
G. No Virginia Water Protection Permit shall be required for impacts towetlands caused by activities governed under Chapter 13 (§ 28.2-100 et seq.)of Title 28.2 or normal agricultural activities or normal silviculturalactivities. This section shall also not apply to normal residentialgardening, lawn and landscape maintenance, or other similar activities thatare incidental to an occupant's ongoing residential use of property and ofminimal ecological impact. The Board shall develop criteria governing thisexemption and shall specifically identify the activities meeting thesecriteria in its regulations.
H. No Virginia Water Protection Permit shall be required for impacts causedby the construction or maintenance of farm or stock ponds, but other permitsmay be required pursuant to state and federal law. For purposes of thisexclusion, farm or stock ponds shall include all ponds and impoundments thatdo not fall under the authority of the Virginia Soil and Water ConservationBoard pursuant to Article 2 (§ 10.1-604 et seq.) of Chapter 6 pursuant tonormal agricultural or silvicultural activities.
A. Permits shall address avoidance and minimization of wetland impacts to themaximum extent practicable. A permit shall be issued only if the Board findsthat the effect of the impact, together with other existing or proposedimpacts to wetlands, will not cause or contribute to a significant impairmentof state waters or fish and wildlife resources.
B. Permits shall contain requirements for compensating impacts on wetlands.Such compensation requirements shall be sufficient to achieve no net loss ofexisting wetland acreage and functions and may be met through wetlandcreation or restoration, purchase or use of mitigation bank credits pursuantto § 62.1-44.15:23, or contribution to a Board-approved fund dedicated toachieving no net loss of wetland acreage and functions. When utilized inconjunction with creation, restoration, or mitigation bank credits,compensation may incorporate (i) preservation or restoration of uplandbuffers adjacent to wetlands or other state waters or (ii) preservation ofwetlands.
C. The Board shall utilize the U.S. Army Corps of Engineers' "WetlandsDelineation Manual, Technical Report Y-87-1, January 1987, Final Report" asthe approved method for delineating wetlands. The Board shall adoptappropriate guidance and regulations to ensure consistency with the U.S. ArmyCorps of Engineers' implementation of delineation practices. The Board shallalso adopt guidance and regulations for review and approval of the geographicarea of a delineated wetland. Any such approval of a delineation shall remaineffective for a period of five years; however, if the Board issues a permitpursuant to this article for an activity in the delineated wetland within thefive-year period, the approval shall remain effective for the term of thepermit. Any delineation accepted by the U.S. Army Corps of Engineers assufficient for its exercise of jurisdiction pursuant to § 404 of the CleanWater Act shall be determinative of the geographic area of that delineatedwetland.
D. The Board shall develop general permits for such activities in wetlands asit deems appropriate. General permits shall include such terms and conditionsas the Board deems necessary to protect state waters and fish and wildliferesources from significant impairment. The Board is authorized to waive therequirement for a general permit or deem an activity in compliance with ageneral permit when it determines that an isolated wetland is of minimalecological value. The Board shall develop general permits for:
1. Activities causing wetland impacts of less than one-half of an acre;
2. Facilities and activities of utilities and public service companiesregulated by the Federal Energy Regulatory Commission or State CorporationCommission. No Board action on an individual or general permit for suchfacilities shall alter the siting determination made through Federal EnergyRegulatory Commission or State Corporation Commission approval. The Board andthe State Corporation Commission shall develop a memorandum of agreementpursuant to §§ 56-46.1, 56-265.2, 56-265.2:1, and 56-580 to ensure thatconsultation on wetland impacts occurs prior to siting determinations;
3. Coal, natural gas, and coalbed methane gas mining activities authorized bythe Department of Mines, Minerals and Energy, and sand mining;
4. Virginia Department of Transportation or other linear transportationprojects; and
5. Activities governed by nationwide or regional permits approved by theBoard and issued by the U.S. Army Corps of Engineers. Conditions contained inthe general permits shall include, but not be limited to, filing with theBoard any copies of preconstruction notification, postconstruction report,and certificate of compliance required by the U.S. Army Corps of Engineers.
E. Within 15 days of receipt of an individual permit application, the Boardshall review the application for completeness and either accept theapplication or request additional specific information from the applicant.Within 120 days of receipt of a complete application, the Board shall issuethe permit, issue the permit with conditions, deny the permit, or decide toconduct a public meeting or hearing. If a public meeting or hearing is held,it shall be held within 60 days of the decision to conduct such a proceeding,and a final decision as to the permit shall be made within 90 days ofcompletion of the public meeting or hearing.
F. Within 15 days of receipt of a general permit application, the Board shallreview the application for completeness and either accept the application orrequest additional specific information from the applicant. A determinationthat an application is complete shall not mean the Board will issue thepermit but means only that the applicant has submitted sufficient informationto process the application. The Board shall deny, approve, or approve withconditions any application for coverage under a general permit within 45 daysof receipt of a complete preconstruction application. The application shallbe deemed approved if the Board fails to act within 45 days.
G. No Virginia Water Protection Permit shall be required for impacts towetlands caused by activities governed under Chapter 13 (§ 28.2-100 et seq.)of Title 28.2 or normal agricultural activities or normal silviculturalactivities. This section shall also not apply to normal residentialgardening, lawn and landscape maintenance, or other similar activities thatare incidental to an occupant's ongoing residential use of property and ofminimal ecological impact. The Board shall develop criteria governing thisexemption and shall specifically identify the activities meeting thesecriteria in its regulations.
H. No Virginia Water Protection Permit shall be required for impacts causedby the construction or maintenance of farm or stock ponds, but other permitsmay be required pursuant to state and federal law. For purposes of thisexclusion, farm or stock ponds shall include all ponds and impoundments thatdo not fall under the authority of the Virginia Soil and Water ConservationBoard pursuant to Article 2 (§ 10.1-604 et seq.) of Chapter 6 pursuant tonormal agricultural or silvicultural activities.
