Permit for construction in the waters of the Commonwealth and wetlands
Who Must Apply
Any person planning to fill, build in, on or in any way disturb any waterway or wetland area. In tidal wetlands, the regulated area extends from low tide inland to a point 1.5 times the mean tide range. Nontidal wetlands are defined by federal regulations.
Authority
Virginia Code �� 28.2-1200 through 28.2-1400
Term
The life of the construction or as otherwise specified.
Fees
Virginia Marine Resources Commission processing fee is $25 or $100, depending on estimated cost of the project. Also, a royalty is charged for the removal of bottom material; $0.20 per cubic yard that is not used in other construction or $0.60 per cubic yard that is ultimately used as a building material. A royalty may also be assessed for project encroachment over state-owned submerged lands.
Typical Requirements of a Permit
Plans and final construction must conform to design standards and construction procedures approved by VMRC.
Application Process
- Submit a completed "Joint Permit Application" to VMRC. Forms are available from VMRC.
- VMRC forwards copies to DEQ and the Corps. Each agency reviews the proposed action and issues a permit if acceptable.
- Each agency may also deny or defer approval until additional information is received or specified conditions are met. Each agency may respond directly to the applicant or to VMRC.
- Under state law, all applications for use or development of tidal wetlands are subject to a public hearing required to be held within 60 days of receipt of a complete application. A decision on the application is then required within 30 days following the hearing.
- For applications requesting encroachment over state-owned subaqueous lands, processing can usually be complete within 60 to 90 days unless a public hearing is required as a result of a protest or objection by another agency.