Virginia Regulatory Town Hall
Marine Resources Commission
GDForum ID: 2250
Description of Proposed Guidance Document Changes
Virginia's Subaqueous Guidelines require an update to maintain alignment with the recently passed SB 1074 and HB 2181 by the 2023 General Assembly (Va. Acts Chs. 258 and 259, codified as § 28.2-1203 A.9 of the Code of Virginia), which became effective from July 1, 2023. Additionally, this update will ensure consistency with the subsequent VMRC/DEQ Memorandum of Agreement. In this legislation, any activity conducted in nontidal waters provided that the person performing such activity obtains a Virginia Water Protection Permit (VWP) and complies with all requirements of the Virginia Water Resources and Wetlands Protection Program pursuant to Article 2.2 (§ 62.1-44.15:20 et seq.) of Chapter 3.1 of Title 62.1, is now not required to obtain a submerged lands encroachment permit from the Virginia Marine Resources Commission (VMRC). Additionally, in determining whether to issue a VWP, the Department of Environmental Quality shall be guided by the factors outlined in subsection A of § 28.2-1205. VMRC’s residual jurisdiction over non-tidal waters for encroachments over or under State-owned subaqueous lands may be reviewed in the VMRC/DEQ Memorandum Of Agreement (MOA) Regarding Permitting in Non-tidal Waters. VMRC subsequently has drafted the necessary updates to its Subaqueous Guidelines in response to the new legislation and retention of its residual jurisdiction over activities impacting State-owned submerged lands in the Commonwealth’s non-tidal waters.
[This forum has been finalized.]
Guidance Document(s) for this Comment Forum
Document ID Document Title Current Document Proposed Document
4586 Subaqueous Guidelines pdf Document     pdf Proposed Document
Contact Information
Jennifer Farmer
Regulatory Coordinator
380 Fenwick Road
Building 96
Fort Monroe
ORM Review
ORM Approved (8/3/2023)
pdf ORM Economic Review Form     posted: 7/21/2023         submitted to ORM: 7/21/2023
The Virginia Register

Publication Date: 8/28/2023    Volume: 40  Issue: 1
The public comment period began upon publication and lasted for 30 days. It ended on 9/27/2023.
There were no comments
Effective Date:  9/28/2023  Delayed until 10/28/2023 while comments are evaluated.
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