Virginia 2018 Regular Session Status: Enacted

HB 377 — Virginia Water Protection Permit; exception for stormwater management facility on dry land.

Last action — Approved by Governor-Chapter 114 (effective 7/1/18)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 05, 2018. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Exempts from the requirement to obtain a Virginia Water Protection Permit any impact to a stormwater management facility on dry land. The bill directs the Department of Environmental Quality to adopt guidance to ensure that any project claiming this exemption creates no more than minimal ecological impact.

Bill Text

What changed in the latest version

206 added · 7 removed

Plain-language change summary

The updated version of Bill HB 377 includes additional references for tracking legislative information, enhancing accessibility for the public. Lines previously indicating an error message when the website encountered an issue have been removed, streamlining user experience. These changes are important because they make it easier for citizens to engage with and understand the legislative process.

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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact § 62.1-44.15:21 of the Code of Virginia, relating to Virginia Water Protection Permit;
impacts on stormwater facility.
[H 377] Approved   Be it enacted by the General Assembly of Virginia:
1.
That § 62.1-44.15:21 of the Code of Virginia is amended and reenacted as follows:
§ 62.1-44.15:21.
Impacts to wetlands.
A.
Permits shall address avoidance and minimization of wetland impacts to the maximum extent practicable.
A permit shall be issued only if the Board finds that the effect of the impact, together with other existing or proposed impacts to wetlands, will not cause or contribute to a significant impairment of state waters or fish and wildlife resources.
B.
Permits shall contain requirements for compensating impacts on wetlands.
Such compensation requirements shall be sufficient to achieve no net loss of existing wetland acreage and functions and may be met through (i) wetland creation or restoration, (ii) purchase or use of mitigation bank credits pursuant to § 62.1-44.15:23, (iii) contribution to the Wetland and Stream Replacement Fund established pursuant to § 62.1-44.15:23.1 to provide compensation for impacts to wetlands, streams, or other state waters that occur in areas where neither mitigation bank credits nor credits from a Board-approved fund that have met the success criteria are available at the time of permit application, or (iv) contribution to a Board-approved fund dedicated to achieving no net loss of wetland acreage and functions.
When utilized in conjunction with creation, restoration, or mitigation bank credits, compensation may incorporate (a) preservation or restoration of upland buffers adjacent to wetlands or other state waters or (b) preservation of wetlands.
C.
The Board shall utilize the U.S.
Army Corps of Engineers' "Wetlands Delineation Manual, Technical Report Y-87-1, January 1987, Final Report" as the approved method for delineating wetlands.
The Board shall adopt appropriate guidance and regulations to ensure consistency with the U.S.
Army Corps of Engineers' implementation of delineation practices.
The Board shall also adopt guidance and regulations for review and approval of the geographic area of a delineated wetland.
Any such approval of a delineation shall remain effective for a period of five years;
however, if the Board issues a permit pursuant to this article for an activity in the delineated wetland within the five-year period, the approval shall remain effective for the term of the permit.
Any delineation accepted by the U.S.
Army Corps of Engineers as sufficient for its exercise of jurisdiction pursuant to § 404 of the Clean Water Act shall be determinative of the geographic area of that delineated wetland.
D.
The Board shall develop general permits for such activities in wetlands as it deems appropriate.
General permits shall include such terms and conditions as the Board deems necessary to protect state waters and fish and wildlife resources from significant impairment.
The Board is authorized to waive the requirement for a general permit or deem an activity in compliance with a general permit when it determines that an isolated wetland is of minimal ecological value.
The Board shall develop general permits for:
1.
Activities causing wetland impacts of less than one-half of an acre;
2.
Facilities and activities of utilities and public service companies regulated by the Federal Energy Regulatory Commission or State Corporation Commission.
No Board action on an individual or general permit for such facilities shall alter the siting determination made through Federal Energy Regulatory Commission or State Corporation Commission approval.
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The Board and the State Corporation Commission shall develop a memorandum of agreement pursuant to §§ 56-46.1, 56-265.2, 56-265.2:1, and 56-580 to ensure that consultation on wetland impacts occurs prior to siting determinations;
3.
Coal, natural gas, and coalbed methane gas mining activities authorized by the Department of Mines, Minerals and Energy, and sand mining;
4.
Virginia Department of Transportation or other linear transportation projects;
and 5.
Activities governed by nationwide or regional permits approved by the Board and issued by the U.S.
Army Corps of Engineers.
Conditions contained in the general permits shall include, but not be limited to, filing with the Board any copies of preconstruction notification, postconstruction report, and certificate of compliance required by the U.S.
Army Corps of Engineers.
E.
Within 15 days of receipt of an individual permit application, the Board shall review the application for completeness and either accept the application or request additional specific information from the applicant.
Within 120 days of receipt of a complete application, the Board shall issue the permit, issue the permit with conditions, deny the permit, or decide to conduct a public meeting or hearing.
If a public meeting or hearing is held, it shall be held within 60 days of the decision to conduct such a proceeding, and a final decision as to the permit shall be made within 90 days of completion of the public meeting or hearing.
F.
Within 15 days of receipt of a general permit application, the Board shall review the application for completeness and either accept the application or request additional specific information from the applicant.
A determination that an application is complete shall not mean the Board will issue the permit but means only that the applicant has submitted sufficient information to process the application.
The Board shall deny, approve, or approve with conditions any application for coverage under a general permit within 45 days of receipt of a complete preconstruction application.
The application shall be deemed approved if the Board fails to act within 45 days.
G.
No Virginia Water Protection Permit shall be required for impacts to wetlands caused by activities governed under Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 or normal agricultural activities or normal silvicultural activities.
This section shall also not apply to normal residential gardening, lawn and landscape maintenance, or other similar activities that are incidental to an occupant's ongoing residential use of property and of minimal ecological impact.
The Board shall develop criteria governing this exemption and shall specifically identify the activities meeting these criteria in its regulations.
H.
No Virginia Water Protection Permit shall be required for impacts caused by the construction or maintenance of farm or stock ponds, but other permits may be required pursuant to state and federal law.
For purposes of this exclusion, farm or stock ponds shall include all ponds and impoundments that do not fall under the authority of the Virginia Soil and Water Conservation Board pursuant to Article 2 (§ 10.1-604 et seq.) of Chapter 6 pursuant to normal agricultural or silvicultural activities.
I.
No Virginia Water Protection Permit shall be required for wetland and open water impacts to a stormwater management facility that was created on dry land for the purpose of conveying, treating, or storing stormwater, but other permits may be required pursuant to local, state, or federal law.
The Department shall adopt guidance to ensure that projects claiming this exemption create no more than minimal ecological impact.
View plain text versions (3)

Action History

  1. Approved by Governor-Chapter 114 (effective 7/1/18)

  2. Governor's Action Deadline Midnight, March 5, 2018

  3. Enrolled Bill communicated to Governor on February 26, 2018

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Read third time

  8. Referred to Committee on Agriculture, Conservation and Natural Resources

  9. Constitutional reading dispensed

  10. Read third time and passed House BLOCK VOTE (99-Y 0-N)

  11. Printed as engrossed 18104333D-E

  12. Engrossed by House as amended HB377E

  13. Committee amendments agreed to

  14. Read second time

  15. Read first time

  16. Assigned ACNRsub: Subcommittee #3

  17. Referred to Committee on Agriculture, Chesapeake and Natural Resources

  18. Prefiled and ordered printed; offered 01/10/18 18104333D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 99 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 99000
Total 99000
% of votes cast 100%0%0%0%
How each member voted (99)
Member Party Vote
Ayala — Yea
Cole — Yea
Fariss — Yea
Freitas — Yea
Gooditis — Yea
Habeeb — Yea
Hugo — Yea
Hurst — Yea
James — Yea
Kory — Yea
LaRock — Yea
Landes — Yea
Orrock — Yea
Pogge — Yea
Poindexter — Yea
Rodman — Yea
Rush — Yea
Turpin — Yea
Tyler — Yea
Bell, John J. — Yea
Bell, Richard P. — Yea
Bell, Robert B. — Yea
Bourne — Yea
Bulova — Yea
Byron — Yea
Campbell — Yea
Carter — Yea
Cline — Yea
Collins — Yea
Edmunds — Yea
Filler-Corn — Yea
Gilbert — Yea
Helsel — Yea
Heretick — Yea
Jones, J.C. — Yea
Jones, S.C. — Yea
Marshall — Yea
Mr. Speaker — Yea
Ingram — Yea
Keam — Yea
Levine — Yea
Lindsey — Yea
Miyares — Yea
Mullin — Yea
Murphy — Yea
Peace — Yea
Plum — Yea
Ransone — Yea
Robinson — Yea
Stolle — Yea
Toscano — Yea
Yancey — Yea
Alfonso H. Lopez — Yea
Barry D. Knight — Yea
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Delores L. McQuinn — Yea
Elizabeth R. Guzman — Yea
Emily M. Jordan — Yea
Garrett McGuire — Yea
Hyland F. "Buddy" Fowler, Jr. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jennifer D. Carroll Foy — Yea
Joshua E. Thomas — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Kelly K. Convirs-Fowler — Yea
Kimberly Pope Adams — Yea
Kimberly Pope Adams — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Mark D. Sickles — Yea
Michael J. Webert — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
R. Lee Ware — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Terry G. Kilgore — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Will Davis — Yea

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Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 377 do?
Exempts from the requirement to obtain a Virginia Water Protection Permit any impact to a stormwater management facility on dry land. The bill directs the Department of Environmental Quality to adopt guidance to ensure that any project claiming this exemption creates no more than minimal ecological impact.
Who sponsors HB 377?
HB 377 is sponsored by David L. Bulova.
What is the current status of HB 377?
This bill has been enacted into law. Introduced January 05, 2018. Enacted.
Where can I track HB 377?
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