West Virginia Wetlands regulations & environmental compliance analysis

West Virginia Wetlands: What you need to know

Governing Law and Regulations

Water quality certification: West Virginia Regulations (WV Reg.) 47-5A-1 to 47-5A-8

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Wetlands mitigation: WV Reg. 47-5A-6

Stream protection: WV Reg. 58-1-4

Regulatory Agencies

West Virginia Division of Environmental Protection (DEP) Division of Water and Waste Management

DEP Division of Mining and Reclamation

West Virginia Department of Natural Resources (DNR) Public Land Corporation

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

U.S. Army Corps of Engineers (Corps) Huntington District Office Pittsburgh District Office Baltimore District Office

United States Coast Guard (USCG)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Although West Virginia has no specific laws requiring permits for activity that may affect wetlands, wetlands are protected in the state under its water pollution control and groundwater protection laws, including the state's water discharge permit requirements under the National Pollution Discharge Elimination System (NPDES). NPDES and wetlands protection permits in the state are issued under the authority of the West Virginia Water Pollution Control Act (WV Code 22-11-1 to 22-11-29).

Wetlands are also protected under the federal Clean Water Act (CWA) Section 404 permitting program which requires state water quality certification. Section 401 Water Quality Certification under the CWA is required for each permit or license issued by a federal agency to ensure that proposed projects will not violate West Virginia's water quality standards or stream designated uses. See the national section WETLANDS for additional information.

The majority of certification ...


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More on this topic:

Governing Law and Regulations
Regulatory Agencies
Comparison: State vs. Federal
State Requirements
Forms