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Permits, Fees, and Regulations

Regulations

Authority to enact Virginia Water Protection (VWP) permit regulations is given by §§ 62.1-44.15 and 62.1-44.15:20 of the Code of Virginia.

The over-arching regulation for the permit program is the Virginia Water Protection (VWP) Permit Program Regulation, 9 VAC 25-210 

Several general permit regulations have also been developed since 2000. Certain activities that are considered to have minimal impacts to human health and the environment may be covered under one of these VWP general permit regulations:

  • VWP General Permit WP1 for Impacts Less than One-Half of an Acre, 9 VAC 25-660 
  • VWP General Permit WP2 for Facilities and Activities of Utility and Public Service Companies Regulated by the Federal Energy Commission or the State Corporation Commission and Other Utility Line Activities, 9 VAC 25-670 
  • VWP General Permit WP3 for Linear Transportation Projects, 9 VAC 25-680 
  • VWP General Permit WP4 for Impacts from Development and Certain Mining Activities, 9 VAC 25-690 

For more information on how regulations are developed, please visit DEQ's Environmental Guide that describes the Administrative Process Act (APA): http://www.deq.virginia.gov/public/apa.html. New regulations or revisions to existing regulations are posted in the Virginia Register.  Public meetings, public notices, and regulatory actions may also be posted on the Virginia Town Hall web site. Please visit these web sites often for the latest information on regulatory actions conducted by DEQ. However, please be aware that some regulatory actions, such as the development and revision of general permit regulations, are exempt from certain steps in the APA.

Permits

Permitted Activities

Generally, activities requiring a permit include dredging, filling, or discharging any pollutant into or adjacent to surface waters, or otherwise altering the physical, chemical or biological properties of surface waters, excavating in wetlands, or on or after October 1, 2001, conducting the following activities in a wetland:

  1. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions.
  2. Filling or dumping.
  3. Permanent flooding or impounding.
  4. New activities that cause significant alteration or degradation of existing wetland acreage or functions.

This would include any project that requires a Clean Water Act Section 404 permit or a Rivers and Harbors Act Section 10 permit, or a water withdrawal that also requires a Section 404 permit or a Federal Energy Regulatory Commission license or license re-issuance, as well as the same projects that do not require a Federal permit.

Specific details on what activities require permits, what activities don't, and which permit applies to which activity are located within the regulations section above.

Application Process for Permits

  1. Obtain the appropriate application form: either the Standard Joint Permit Application (JPA) for most projects, the Tidewater JPA for certain projects in tidal areas, or the DEQ Application for New or Expanded Minor Surface Water Withdrawals. Detailed instructions on how to apply are included with each form. Forms may be downloaded from the links below or can be obtained from the U.S. Army Corps of Engineers (Corps) web site, the Virginia Marine Resources Commission (VMRC) office at (757) 247-2200, or the Virginia Department of Environmental Quality offices.

    Applicants may also use DEQ’s Application Checklists when applying for coverage under a DEQ general permit WP1, WP2, WP3, or WP4. The use of the checklists is optional but may assist DEQ permit managers in their review of your application. The checklist spreadsheet contains one checklist for each type of general permit. If you are pretty certain about the type of permit that may cover your project, simply submit the corresponding, completed checklist with your application (either electronically or on paper).

  2. Submit the Joint Permit Application to VMRC at: 
           Virginia Marine Resources Commission
           Habitat Management Division2600 
           Washington Avenue, 3rd Floor
           Newport News, Virginia 23607-0756
     
  3. VMRC assigns a permit number and distributes the application to participating federal, state, and local agencies. Each agency will decide separately whether to issue a permit for the proposed project. Each agency responds separately to the applicant.

  4. DEQ may consult with other state and federal agencies on the proposed project.

Time Permits are Effective

Issued VWP Individual Permits are valid for a maximum of up to 15 years by law. The actual length of time your individual permit is valid may vary depending on the nature of the authorized project.

Issued VWP General Permit Authorizations are valid for a set time period, as required in the regulations that establish them. For WP1 the maximum authorization term is up to 3 years.  For WP2, WP3 and WP4, the maximum term is up to 7 years.

State Program General Permit

The State Program General Permit eliminates much of the duplication of effort that will otherwise occur between the DEQ and U.S. Army Corps of Engineers permitting programs. The U.S. Army Corps of Engineers - Norfolk District issued a modified state program general permit on June 1, 2007. The modified 07-SPGP-01 became effective on June 1, 2007, and may be used for certain residential, commercial, and institutional development activities and linear transportation projects. The projects must be below applicable wetland and stream impact thresholds and meet all other limitations and conditions of the SPGP.

A memorandum of agreement and a standard operating procedure have been developed to clarify program responsibilities for implementation. Issues addressed in these documents include jurisdictional determinations and delineations, pre-application consultations, permit compliance and enforcement, federal agency coordination, historic resources screening procedures, and mitigation requirements.

The SPGP and SPGP Standard Operating Procedures are reviewed annually and revised if necessary.  As part of DEQ's agreement with the Army Corps of Engineers, a report is drafted each year on the previous year's SPGP activities.

Additional State and Federal Regulations

Tidal Wetlands

The enactment of the Tidal Wetlands Act of 1972 gave the Virginia Marine Resources Commission the responsibility for issuing tidal wetlands permits under Chapters 12 and 13 of Title 28.2 of the Code of Virginia. While Chapter 12 activities permitted by Virginia Marine Resources Commission may require a separate Virginia Water Protection permit, Chapter 13 activities only require a separate Virginia Water Protection permit if § 401 Certification is required. Thus, DEQ provides the § 401 Certification through issuing a Virginia Water Protection permit. In some instances when a U.S. Army Corps of Engineers nationwide or regional permit is also issued on the same Chapter 12 or 13 activities permitted by Virginia Marine Resources Commission, DEQ may provide the § 401 Certification through a letter agreement, thereby concurring that the U.S. Army Corps of Engineers permit conditions meet State regulatory goals, or waive the requirement for a Virginia Water Protection permit altogether.

Nontidal Wetlands

Since 1992, the Virginia Water Protection Permit Program has served as the Commonwealth's Section 401 Certification process for both tidal and nontidal impacts permitted under Section 404 of the Clean Water Act. In 2000, the General Assembly removed the dependence of the State nontidal wetlands program on the issuance of a Federal permit, thus enabling DEQ to use the Virginia Water Protection Permit Program to regulate activities in wetlands. Such activities as certain types of excavation in wetlands and fill in isolated wetlands (which may not be under Federal jurisdiction) were added to the activities already regulated through the Section 401 Certification process.
 
DEQ can provide Section 401 Certification through issuing a Virginia Water Protection individual or general permit or by certifying U.S. Army Corps of Engineers nationwide or regional permits. Some U.S. Army Corps of Engineers permit Certifications contain conditions which must be met in order for the Certification to apply. Some U.S. Army Corps of Engineers permits are not §401-Certified at all, and thus, impacts under these U.S. Army Corps of Engineers permits will also require a Virginia Water Protection permit to ensure State natural resources are protected.
 
The following certification letter and table summarizes DEQ's Section 401 Certification of U.S. Army Corps of Engineers nationwide and regional permits and any DEQ conditions that exist on the certification.

The following July 10, 2002 Memorandum of Understanding outlines the roles and responsibilities of both the DEQ and the U.S. Army Corps of Engineers.
Information on wetlands and other DEQ water permit programs can be obtained in DEQ Guidance Memorandums.

Maps of wetland areas have not been generated by the Virginia Department of Environmental Quality for the Commonwealth of Virginia. However, some mapping is available through the United State Geologic Survey. This mapping, know as National Wetlands Inventory, should be used as a general reference only. This mapping in no way constitutes all of the wetland areas in Virginia, nor does it replace on-the-ground assessments or delineations of wetland areas.

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