Vol. 24, No. 7 May 20, 2016

Update on the Proposed Changes to Virginia’s Wetland Permits

On April 1, Virginia’s State Water Control Board approved the proposed changes to the Virginia Water Protection (VWP) Individual and General Permit regulations. The Virginia Department of Environmental Quality (DEQ) updated the regulations through considerable efforts with stakeholders, including WSSI staff, to make program adjustments that bring the regulations in line with the changes that wetlands permitting has experienced since Virginia established the program in 2000. Changes on the horizon deal with permit timing, impact compensation, and construction monitoring, among other topics. The new regulations will be effective August 2, 2016 – and DEQ cannot issue permits under the new regulations before then.

The incoming regulations bring significant changes, with implications for project planning and permit conditions. WSSI staff are prepared to guide you and your new and existing projects through these changes; we’ve summarized the most salient below:

Evaluate current permits immediately: do you have enough time?

Separate from the new regulations, DEQ administratively changed the expiration dates of the existing General Permits in March 2015. Any WP1, WP2, WP3, or WP4 authorization that expires before July 31, 2021 may be extended only when the request is submitted to DEQ before July 1, 2016. A proposed plan change or new permit cannot be extended past July 31, 2021. WSSI can work with you to evaluate your project’s timeline and request an extension if needed. We provided more detail in our April 2015 Field Notes article.

VWPP Regulation Changes Summer 2016

Permit Timing
  • General Permits (WP1 – WP4) will have fixed expiration dates. Every GP will expire August 1, 2031 with no option to extend, regardless of issue date.

Impact Compensation – Applies to all permit types
  • No compensation for impacts to farm ponds (except those in limestone/karst regions).
  • Wetland functional assessments will only be required when impacts > 1 acre and compensation is non-standard (i.e., impact compensation ratios are lower, or permittee-responsible mitigation is proposed).

Land Protection – Applies to all permit types
  • Permit-required land protection must be established before taking impacts (with deed restrictions, conservation easements, etc.)

Construction Monitoring and Reporting – Applies to all permit types
  • Mandatory monthly inspections of authorized impacts and all avoided areas (wetlands, streams, on-site preservation). Note – if a project is inactive, monthly inspections are not needed; however, biannual reporting is still required.
  • Pre-construction photos must be kept onsite with the monthly inspection reports.
  • Construction status update forms must be submitted every six months. 

Permit Logistics
  • Administrative continuance now allowed – allows for IPs to be extended beyond the original expiration date when DEQ hasn’t processed a subsequent permit or a modification request.

Water Withdrawals
  • Regulations are consolidated and updated to position DEQ as the agency responsible for controlling the sources of water withdrawals (rather than the Virginia Department of Health). The change indicates a new focus on water resource protection in the Commonwealth.
What's Next?

WSSI staff are well acquainted with the new regulations and are ready to guide your projects through the necessary planning and permitting processes. Please contact Doug Chapin, Christie Blevins, or Mark Headly to get the ball rolling.