Wetlands
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 summary table and certification letters provide 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.
- Corps Permits & DEQ Certifications (Revised February 2008)
- DEQ Revised Section 401 Certification of USACE Regional Permit RP-05 for Small Impoundments (January 7, 2008)
- Final Decision on Section 401 Water Quality Certification of United States Army Corps of Engineers Nationwide Permits and Norfolk District Regional Conditions (April 20, 2007)
- DEQ's Final Certification of the Re-Issued Corps Regional Permits RP-15, -17, -18, -19, -22, -40, and LOP-1 and LOP-2 (October 10, 2003)
- Final DEQ Section 401 Certification of USACE LOP-2 (March 4, 2004)
- Change to Final DEQ Section 401 Certification of USACE NWP-21 (December 15, 2004)
- Final DEQ Section 401 Certification of USACE RP-37 (January 6, 2006)
- Final DEQ Section 401 Certification of USACE RP-05 (March 2, 2006)
- Final DEQ Section 401 Certification of USACE RP-20 (April 4, 2006)
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.