Virginia Regulatory Town Hall
Department of Environmental Quality
State Water Control Board
Virginia Water Protection Permit Regulation [9 VAC 25 ‑ 210]
Action is Exempt from Article 2 of the Administrative Process Act
Amendments Conforming to 2018 Legislation
Action 5128
General Information
Action Summary During the 2018 General Assembly, changes were made to the State Water Control Law (Chapter 3.1 of Title 62.1 of the Code of Virginia) regarding the Virginia Water Protection (VWP) program. Many of these changes were for the construction of any natural gas transmission pipeline greater than 36 inches inside diameter (certain natural gas pipelines) pursuant to a certificate of public convenience and necessity under § 7c of the federal Natural Gas Act (15 U.S.C. § 717f(c)). This final exempt regulatory action will amend the State Water Control Board’s Chapters 210, 670 and 690 in order to incorporate the changes to state law made by Chapters 636 and 114 of the 2018 Acts of Assembly. The amendment is exempt from the Administrative Process Act (APA) as it is necessary to conform to the changes in Virginia statutory law (§2.2-4006.A.4.a). The conforming changes made include: (i) adding the requirement that issuance of both a VWP Permit and an additional water quality certification for upland conditions together constitute the §401 certification for construction of certain natural gas pipelines; (ii) adding requirements for an individual VWP Permit for construction of certain natural gas pipelines; (iii) adding a permit exclusion for impacts to a stormwater management facility on dry land; and, (iv) adding a limitation to the Board’s authority for issuance of VWP general permits.
Chapters Affected
  VAC Chapter Name Action Type
Primary 9 VAC 25-210 Virginia Water Protection Permit Regulation Amend Existing Regulation
Other chapters
  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
  9 VAC 25 - 690 Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities
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  [005622]
Associated Mandates Amend Virginia Water Protection Permit Program Regarding Certain Pipeline Construction and Certain Stormwater Management Facilities
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
8391 Final Stage complete. This regulation became effective on 11/14/2018.
Contact Information
Name / Title: Dave Davis 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4105    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.