Virginia Regulatory Town Hall
Department of Environmental Quality
State Water Control Board
Chesapeake Bay Preservation Area Designation and Management Regulations (formerly 4VAC50-90) [9 VAC 25 ‑ 830]
Action is Exempt from Article 2 of the Administrative Process Act
Amendments to Address 2015 Legislation Related to Daylighting of Streams
Action 4384
General Information
Action Summary The 2015 General Assembly passed legislation (HB2067) which was signed by the Governor to amend and reenact ยงยง 62.1-44.15:68 and 62.1-44.15:72 of the Code of Virginia, relating to daylighting of streams. The approved Acts of Assembly Chapter 674 provides that the State Water Control Board (SWCB), when developing the criteria for a Resource Protection Area (RPA) under the Chesapeake Bay Preservation Act, shall not require that a daylighted stream become an RPA. The bill requires any locality that does not designate an RPA adjacent to a daylighted stream to use a water quality impact assessment to ensure that development adjacent to the stream does not result in the degradation of the stream. The locality's assessment must (i) be consistent with the SWCB's criteria for water quality impact assessments in RPAs, (ii) identify the impacts of proposed development on water quality, and (iii) determine measures to mitigate adverse impacts. The bill defines a daylighted stream as a stream that has been previously diverted into a culvert, pipe, or other underground drainage system and is redirected into an aboveground channel using natural channel design concepts. The bill does not limit a locality's authority to include such a stream within an RPA.
Chapters Affected Only affects this chapter.
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  [004357]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7258 Final Stage complete. This regulation became effective on 08/26/2015.
Contact Information
Name / Title: William K. Norris 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4022    FAX: (804)698-4347    TDD: ()-