Action:
Final Exempt to amend 9VAC25-210, et. al. - CH265 (2021 Special Session I)
Action 5769
General Information
| Action Summary |
This action amends the Virginia Water Protection Permit Program regulations in order to implement House Bill 1983 (Chapter 265 of the 2021 Special Section I Acts of Assembly). The bill provides that when a Virginia Water Protection (VWP) permit applicant is required to purchase wetland or stream mitigation bank credits, but no credits are available (i) in any mitigation provider's primary service area or (ii) at a cost of less than 200 percent of the price of credits available from a fund dedicated to achieving no net loss of wetland acreage and functions, the applicant may purchase or use credits from a mitigation provider's secondary service area.
In addition, the bill provides certain requirements that the permit applicant must comply with in order to purchase or use such credits from a secondary service area, including minimum tree canopy requirements.
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| Chapters Affected |
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VAC |
Chapter Name |
Action Type |
| Primary |
9 VAC 25-210 |
Virginia Water Protection Permit Regulation |
Amend Existing Regulation
|
| Other chapters |
| |
9 VAC 25 - 660 |
Virginia Water Protection General Permit for Impacts Less Than One-Half Acre |
Amend Existing Regulation
|
| |
9 VAC 25 - 670 |
Virginia Water Protection General Permit for Facilities and Activities of Utility and Public Service Companies Regulated by the Federal Energy Regulatory Commission or the State Corporation Commission and Other Utility Line Activities |
Amend Existing Regulation
|
| |
9 VAC 25 - 680 |
Virginia Water Protection General Permit for Linear Transportation Projects |
Amend Existing Regulation
|
| |
9 VAC 25 - 690 |
Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities |
Amend Existing Regulation
|
|
| Executive Branch Review |
This Action is exempt from Article 2 of the Administrative Process Act.
The normal executive branch review process is not required. As such, it can be submitted directly for publication and
is effective upon publication.
Exempt Citation:
2.2-4006 A 4 a of the Code of Virginia
|
| RIS Project |
Yes [6794] |
| Associated Mandates |
Requirement for purchase of wetland or stream mitigation bank credits
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| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
|
9323
|
Final
|
Stage complete. This regulation became effective on 09/29/2021. |
Contact Information
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Name / Title:
|
Dave Davis
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Address:
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1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
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Email Address:
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dave.davis@deq.virginia.gov
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Phone:
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(804)698-4105
FAX: ()-
TDD: ()-
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This person is the primary contact for this chapter.
