Virginia Wetlands regulations & environmental compliance analysis

Virginia Wetlands: What you need to know

Governing Law and Regulations

Water protection permit: Federal Clean Water Act (CWA), Section 401; Virginia Code Annotated (VCA) 62.1-44.2 et seq., and Regulations at Virginia Administrative Code (VAC) 9 VAC 25-210-10et seq.

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Water protection permits, VCA 62.1-44.15:5

Delineations: 9 VAC 25-210-45

Prohibitions: 9 VAC 25-210-50

Virginia water protection (VWP) permit application: 9 VAC 25-210-80

Permit modification: 9 VAC 25-210-180

VWP general permits:

One-half-acre impacts: 9 VAC 25-660-10 to 25-660-100

Utilities and public service companies: 9 VAC 25-670-10 to 25-670-100

Linear transportation: 9 VAC 25-680-10 to 25-680-100

Development and mining activities: 9 VAC 25-690-10 to 25-690-100

Compensatory mitigation: 9 VAC 25-210-116

Emergency permits:

Catastrophic erosion emergency permit: 4 VAC 20-345-10 to 20-345-40

Emergency VWP permits: 9 VAC 25-210-340(c)

Wetland delineators: 18 VAC 145-30-10 to 145-30-150

Regulatory Agencies

Virginia Marine Resources Commission (VMRC) Habitat Management Division

Virginia Department of Environmental Quality (DEQ) Water Division

State Water Quality Control Board (Board)

U.S. Army Corps of Engineers (Corps) Norfolk, Baltimore, Wilmington, Huntington, and Nashville District Offices

U.S. Environmental Protection Agency (EPA) Region 3

Natural Resource Conservation Service (NRCS)

Local planning and zoning boards

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. For activities in both tidal and inland wetlands, applications should be made to the Virginia Marine Resources Commission (VMRC). Virginia has developed a joint permit application with the U.S. Army Corps of Engineers (Corps). After the ...

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