Virginia Coastal Program: 2003 Coastal Grant Project Description and Final Summary
Project Task:
FY2003 Task 97
Grantee:
Virginia Marine Resources Commission
Project Title:
Subaqueous and Wetlands Policy and Guidelines Revisions
Project Description as Proposed:
The Virginia Marine
Resources Commission (VMRC) will revise the Wetlands Mitigation-Compensation
Policy and the Subaqueous Guidelines in order to achieve Virginia’s
SAV policy goals and commitment for no net-loss of tidal wetlands.
VMRC staff will also identify items that need to be revised or expanded
to accurately reflect changes in legislation and regulation. Staff
will prepare draft revisions and present them to the VMRC’s
existing Habitat Management Advisory Committee (HMAC). The HMAC
comments will be incorporated into the draft revisions and the documents
will be presented to the VMRC’s full Commission for their consideration
and adoption. These actions will help address the Virginia Coastal
Program’s Section 309 Programmatic Objectives related to Cumulative
and Secondary Impacts and to Aquaculture.
The VMRC is responsible for administering Virginia’s tidal
wetlands law or overseeing the administration of the law in localities
which have chosen to adopt and administer the law. The Wetlands
Guidelines were adopted in 1974 pursuant to the 1972 Wetlands Act.
The Wetlands Law directs the local wetlands board or the VMRC to
consider the Wetlands Guidelines when determining whether to grant
or deny a permit request. In 1989 the Commission adopted their Wetlands
Mitigation-Compensation Policy. The policy was incorporated into
the Wetlands Guidelines in 1993.
When the Wetlands Mitigation-Compensation Policy was prepared the
intent was not to require that all wetland losses be compensated.
Rather, they provided guidance and policy to address compensation
for larger unavoidable wetland impacts. Since the policy was adopted,
Virginia has committed to attempt to achieve “no net loss”
of tidal wetlands. Given the incremental losses associated with
small shoreline stabilization projects and the current threshold
for compensation of 1000 square feet contained in the Wetlands Mitigation-Compensation
Policy, small wetlands losses continue to occur without compensation.
It is anticipated that the new policy, developed through this project,
will include provisions for tidal wetland banking which are not
in the current policy.
The VMRC is also responsible for issuing permits for encroaching
on or otherwise using state-owned submerged land. In 1976, to assist
with the fair and effective evaluation of permit requests and to
make public its policies and procedures, the VMRC developed its
“Subaqueous Guidelines”. Although the VMRC is not bound
by the Subaqueous Guidelines and each permit application is evaluated
on its own merits, the VMRC relies heavily on the policies contained
within the guidelines when reviewing the appropriateness of the
proposal and to resolve competing and incompatible use conflicts.
Federal Funding:
$25,000
Project Contact:
Tony Watkinson, 757.247.2255, twatkins@mrc.state.va.us
Project Status:
Grant Closed
Final Product Received:
Project Summary Provided by Grantee:
The Virginia Marine Resource Commission originally adopted the Wetlands/Mitigation Compensation Policy in 1989 as VR 450-01-0051. The policy is now listed in the State Administrative Code as 4 VAC 20-390-10 ET SEQ. The Mitigation/Compensation Policy and Supplemental Guidelines are a component of the guidelines the Commission is required to promulgate pursuant to Section 28.2-1301 of the Code of Virginia.
The original policy was adopted to encourage compensation for permitted wetland losses in certain instances following a determination that wetland impacts associated with a given project were justified, and had been minimized as required by the standards for use and development of wetlands provided by the Code of Virginia. The policy also provided supplemental guidelines for compensation requirements and development of compensation plans.
The revised policy suggests that the Commission and/or wetland boards require compensation for all permitted tidal wetland losses, especially vegetated wetlands. The need to compensate for all permitted wetland losses is emphasized by the Commonwealth’s commitment to the Restoration of the Chesapeake Bay. In 2000, Virginia, as a Chesapeake Bay Program partner committed to "achieve a no-net loss of existing wetlands acreage and function in the signatories' regulatory programs."
Key changes in the policy eliminate the previous threshold of 1,000 square feet for non-commercial projects and recognizes a Code change (Section 28.2-1308) that allows use of mitigation banks to satisfy compensation requirements. Furthermore, the policy recognizes the potential for use of in-lieu fees to fund wetland restoration or creation projects. The use of in-lieu fees should be the last form of mitigation used to offset permitted wetland losses and must be the result of an agreed upon permit condition between the applicant and the Commission or wetlands board provided the applicant can demonstrate that on-site or off-site
Disclaimer: This project summary provides the federal dollars initially awarded to the grantee. Due to underexpenditure or reprogramming of grant funds, this figure may change. For more information on the allocation of coastal grant funds, please contact Laura McKay, Virginia Coastal Program Manager, at 804.698.4323 or email: Laura.McKay@deq.virginia.gov
A more detailed Scope of Work for this project is available. Please direct your request for a copy to Virginia.Witmer@deq.virginia.gov
