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 EFFECTIVE 2-6-08
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 EFFECTIVE 2-6-08
- 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 EFFECTIVE 2-6-08
- VWP General Permit WP3 for Linear Transportation Projects, 9 VAC 25-680 EFFECTIVE 2-6-08
- VWP General Permit WP4 for Impacts from Development and Certain Mining Activities, 9 VAC 25-690 EFFECTIVE 2-6-08
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:
- New activities to cause draining that significantly alters or degrades existing wetland acreage or functions.
- Filling or dumping.
- Permanent flooding or impounding.
- 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
- 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.
- Standard Joint Permit Application (1,032 kb)
- Sample Drawings for Standard JPA (2,843 kb)
- DEQ Application for New or Expanded Minor Surface Water Withdrawals (.pdf) (252 kb)
- DEQ Application for New or Expanded Minor Surface Water Withdrawals (.doc) (165 kb)
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). - Submit the Joint Permit Application to VMRC at:
Virginia Marine Resources Commission
Habitat Management Division
2600 Washington Avenue, 3rd Floor
Newport News, Virginia 23607-0756- 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.
- 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 (SPGP-01)
The State Program General Permit will eliminate 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-01 and SPGP Standard Operating Procedures are reviewed annually and revised if necessary.
Permit Application Fees
The following permit application fees are calculated using the project's total permanent and temporary impacts to wetlands, open waters, or streams. In some cases, such as with stream impacts, the square footage must be calculated first, then converted to an acreage in order to determine the fee.
The permit application fee is required as part of a complete application, and no permit or permit authorization will be granted until the fee is received and deposited by DEQ.
Individual Permits
- Issuance, VWP Individual / Surface Water Impacts (Wetlands, Streams, and/or Open Water):
$2,400 + $220 for each, 1/10 acre (4,356 sq.ft.) increment, or portion thereof, over two acres (87,120 sq.ft.), up to $60,000 maximum - Modification, VWP Individual / Surface Water Impacts (Wetlands, Streams, and/or Open Water):
$1,200 + $110 for each, 1/10 acre (4,356 sq.ft.) increment, or portion thereof, over two acres (87,120 sq.ft.), up to $30,000 maximum - Issuance, VWP Individual / Minimum Instream Flow (MIF) - Withdrawals => 3,000,000 gallons on any day:
$25,000 - Issuance, VWP Individual / Minimum Instream Flow (MIF) - Withdrawals between 2,000,000 and 2,999,999 gallons on any day:
$20,000 - Issuance, VWP Individual / Minimum Instream Flow (MIF) - Withdrawals between 1,000,000 and 1,999,999 gallons on any day:
$15,000 - Issuance, VWP Individual / Minimum Instream Flow (MIF) - Withdrawals < 1,000,000 gallons on any day:
$10,000 - Modification, all types of VWP Individual / Minimum Instream Flow (MIF) - Withdrawals:
$5,000 - Issuance, VWP Individual / Reservoir - Major:
$35,000 - Issuance, VWP Individual / Reservoir - Minor:
$25,000 - Modification, all types of VWP Individual / Reservoir:
$12,500 - Issuance, VWP Individual / Nonmetallic Mineral Mining:
- $2,400 + $220 for each, 1/10 acre (4,356 sq.ft.) increment, or portion thereof, over two acres (87,120 sq.ft.), up to $7,500 maximum
- Modification, VWP Individual / Nonmetallic Mineral Mining:
- $1,200 + $110 for each, 1/10 acre (4,356 sq.ft.) increment, or portion thereof, over two acres (87,120 sq.ft.), up to $3,750 maximum
General Permit Authorizations
- Issuance, VWP General / Less Than 1/10 acre (4,356 sq.ft.) of Surface Water Impacts (Wetlands, Streams, and/or Open Water):
$0 - Issuance, VWP General / 1/10 acre (4,356 sq.ft.) to 1/2 acre (21,780 sq.ft.) of Surface Water Impacts (Wetlands, Streams, and/or Open Water):
$600 - Issuance, VWP General / Greater Than 1/2 acre (21,780 sq.ft.) to one acre (43,560 sq.ft.) of Surface Water Impacts (Wetlands, Streams, and/or Open Water):
$1,200 - Issuance, VWP General / Greater Than one acre (43,560 sq.ft.) to two acres (87,120 sq.ft.) of Surface Water Impacts (Wetlands, Streams, and/or Open Water):
$1,200 + $120 for each 1/10 acre (4,356 sq.ft.) increment, or portion thereof, over one acre (43,560 sq.ft.), up to $2,400 maximum