Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
State Water Control Board
chapter
Virginia Water Protection Permit Regulation [9 VAC 25 ‑ 210]
This action is exempt from the executive branch review process.
Action:
Final Exempt to amend 9VAC25-210, et. al. - CH265 (2021 Special Session I)
 
General Information
Action Summary This action amends the Virginia Water Protection Permit Program regulations in order to implement House Bill 1983 (Chapter 265 of the 2021 Special Section I Acts of Assembly). The bill provides that when a Virginia Water Protection (VWP) permit applicant is required to purchase wetland or stream mitigation bank credits, but no credits are available (i) in any mitigation provider's primary service area or (ii) at a cost of less than 200 percent of the price of credits available from a fund dedicated to achieving no net loss of wetland acreage and functions, the applicant may purchase or use credits from a mitigation provider's secondary service area. In addition, the bill provides certain requirements that the permit applicant must comply with in order to purchase or use such credits from a secondary service area, including minimum tree canopy requirements.
Chapters Affected
  VAC Chapter Name Action Type
Primary 9 VAC 25-210 Virginia Water Protection Permit Regulation Amend Existing Regulation
Other chapters
  9 VAC 25 - 660 Virginia Water Protection General Permit for Impacts Less Than One-Half Acre Amend Existing Regulation
  9 VAC 25 - 670 Virginia Water Protection General Permit for Facilities and Activities of Utility and Public Service Companies Regulated by the Federal Energy Regulatory Commission or the State Corporation Commission and Other Utility Line Activities Amend Existing Regulation
  9 VAC 25 - 680 Virginia Water Protection General Permit for Linear Transportation Projects Amend Existing Regulation
  9 VAC 25 - 690 Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities Amend Existing Regulation
Exempt from APA Yes, this action is exempt from Article 2 of the Administrative Process Act.
Exempt Citation: 2.2-4006 A 4 a of the Code of Virginia
RIS Project Yes  [6794]
Associated Mandates Requirement for purchase of wetland or stream mitigation bank credits
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
9323 Final Submitted to the Registrar and awaiting publication (08/30/2021).
 
Contact Information
Name / Title: Dave Davis 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address: dave.davis@deq.virginia.gov
Phone: (804)698-4105    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.