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Natural Resources
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Department of Environmental Quality
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State Water Control Board
Mandate 1195

Mandate Information
Mandate Title:
Requirement for purchase of wetland or stream mitigation bank credits
Purpose of legislation
Provides that when a water protection 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. 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.
Legislation mandating a change Chap 265 (2021)
VAC chapters to be amended
9 vac 25 - 210 : Virginia Water Protection Permit Regulation
9 vac 25 - 660 : Virginia Water Protection General Permit for Impacts Less Than One-Half Acre
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
9 vac 25 - 680 : Virginia Water Protection General Permit for Linear Transportation Projects
9 vac 25 - 690 : Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities
Associated Regulatory Actions
Action 5769: Final Exempt to amend 9VAC25-210, et. al. - CH265 (2021 Special Session I)
Latest Stage: no stages yet
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