|Chapter 245 of the 2023 Acts of Assembly provides that notwithstanding any provision of this section restricting the location of the source of credits, the Department may, for tidal wetland impacts, authorize the use of, including without the application of subsection C, a tidal wetland mitigation bank located in an adjacent river watershed when such bank contains the same plant community type and salinity regime as the impacted wetlands, which shall be the preferred form of compensation. This subsection shall apply only (i) to tidal wetland mitigation banks with a polyhaline salinity regime located in subbasins 02080102, 02080107, 02080108, and 02080208 and (ii) when a tidal wetland mitigation bank with the same plant community type and salinity regime as the impacted wetlands is not available in the same river watershed as the impacted wetland. Chapters 258 and 259 of the 2023 Acts of Assembly provides that a permit from the Virginia Marine Resources Commission is not required for activity in nontidal waters provided the person performing the activity obtains and complies with a Virginia Water Protection Permit. These acts further provide that in determining whether to issue a Virginia Water Protection Permit, the Department of Environmental Quality shall be guided by the factors set forth in subsection A of §28.2-1205
|Only affects this chapter.
|Executive Branch Review
|This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and will be reviewed by the Governor's Office.
|New Periodic Review
|This action will not be used to conduct a new periodic review.
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