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2000 SESSION

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HB 1170 Wetlands.

Introduced by: L. Preston Bryant, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Wetlands. Requires that those proposing to conduct certain activities in nontidal wetlands first obtain a Virginia Water Protection Permit from the State Water Control Board. The Board must establish both individual and general permits for such activities. General permits must be issued for activities impacting less than half an acre of wetlands and other specified activities. Permits will be conditioned upon compensatory mitigation for adverse impacts to wetlands. Normal agricultural and silvicultural activities are exempt from the permit requirement. Between the enactment of the bill and such time as permit regulations are adopted, those who drain, excavate or ditch a wetland must compensate the impact on the wetland. The Board is directed generally to establish and implement policies and programs to protect and enhance the Commonwealth’s wetland resources, using a regulatory approach to achieve no net loss of wetlands and a voluntary approach to achieve a net resource gain. Water Protection Permits will be issued after an opportunity for public comment is provided. Local governments are prohibited from imposing wetland permit requirements that duplicate those imposed under federal or state law. The bill also clarifies that wetlands are state waters under the State Water Control Law, and requires the Board to seek a Section 404 Clean Water Act State Programmatic General Permit from the U.S. Army Corps of Engineers. This bill is identical to SB 648.


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