What's New
1/12/09: U.S. Army Corps of Engineers has revised the Tidewater Joint Permit Application (December 2008), used mostly for projects in the tidal areas of Virginia, such as access-related activities, shoreline stabilization projects, and crossings over or under tidal waters and wetlands.
10/02/08: DEQ releases new guidance to interpret a 2008 Virginia General Assembly action that changed the Code of Virginia (see §62.1-44.15:21 H) to exempt certain agricultural and silvicultural ponds and impoundments from VWP permit requirements. Permit requirements for water withdrawal are still in place and were not modified by the change in Code. Farm Pond or Impoundment and Stock Pond or Impoundment Exemption from Virginia Water Protection Program Requirements.
8/18/08: New VWP permit compliance reporting forms and a template construction monitoring report are available. Permittees are encouraged to use these forms when submitting permit compliance documentation required in VWP permits.
10-day Notification of Construction
Construction Monitoring Report
Documentation of In-lieu Fund Payment
Documentation of Mitigation Bank Credit Purchase
Notification of Project Construction Completion
07/30/08: DEQ releases guidance to provide consistent VWP permitting and compensation for impacts to surface waters, including wetlands, resulting from dam vegetative maintenance activities. Permitting Dam Maintenance Activities in Surface Waters.
07/28/08: A new version of the Standard Joint Permit Application is now available.
06/09/08: DEQ releases guidance to assess under what circumstances preservation is an appropriate component of a compensatory mitigation plan for mitigating adverse impacts to aquatic resources. Use of Preservation for Compensatory Mitigation in VWP Permits.
06/09/08: DEQ releases guidance explaining how DEQ and DCR have agreed to coordinate when addressing complaints of stormwater discharges from construction sites. Investigating & Coordinating Complaints Related to Discharges of Sediment from Construction Sites.
05/13/08: DEQ releases guidance to identify circumstances when ditches should be regulated under the Virginia Water Protection Permit Program. Regulation of Ditches under the VWPPP.
05/13/08: The Norfolk District COE Regulatory Office and the Virginia DEQ issued a public notice to announce a new Ephemeral Stream Assessment Form, and a Frequently Asked Questions document for clarification of the USM, for use in wadeable streams in Virginia.
10/24/06: Address Change for DEQ: Send correspondence to P.O. Box 1105, Richmond, VA 23218, and send permit application fees to Receipts Control, P.O. Box 1104, Richmond, VA 23218.
Office of Wetlands and Water Protection
Wetlands, Surface Water, and Surface Water Withdrawals/Impoundments
We administer the Virginia Water Protection (VWP) Permit Program and an associated compliance program through regulation of
surface water withdrawal and non-agricultural impoundments.
impacts to surface waters such as land clearing, dredging, filling, excavating, draining, or ditching in open water, streams, and wetlands.
surface water withdrawal and non-agricultural impoundments.
impacts to surface waters such as land clearing, dredging, filling, excavating, draining, or ditching in open water, streams, and wetlands.
As part of a larger effort to protect water quality under the DEQ Water Division, we are tasked with protecting wetlands and streams to protect their beneficial uses. We strive to protect state waters and prevent and reduce water pollution in Virginia. We coordinate grant funded initiatives to explore future wetlands, stream and lake protection methodologies and policies. We partner closely with the U.S. Army Corps of Engineers and the Virginia Marine Resources Commission to achieve our goals. The Virginia Water Protection Permit Program serves as Virginia’s Section 401 certification program for federal Section 404 permits issued under the authority of the Clean Water Act. State law requires that a VWP permit be obtained before disturbing a wetland or stream by clearing, filling, excavating, draining, or ditching. Application is made through the Joint Permit Application process for concurrent federal and state project review.
How can I protect a wetland in my neighborhood?
Is it legal to build on a wetland? Are all wetlands protected?
Can I clear vegetation in or near a wetland on my property?
How does the Office of Wetlands and Water Protection protect surface waters?
What is no-net-loss of wetlands and how is it achieved in Virginia?
Wetlands are transitional areas where land and water meet. Land does not have to be wet all of the time in order to be defined as a wetland. In some cases, it will not be immediately obvious that a wetland exists. The presence of water in an area over an extended period of time can, however, cause a number of physical, chemical and biological characteristics unique to wetlands to develop. Swamps, tidal marshes, wet meadows, bogs, pocosins and sinkhole wetlands are some of the many types of wetlands found in Virginia.
Wetland Identification “Wetland”: means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. An area is considered a wetland in Virginia if it exhibits wetland hydrology, hydric soils and a prevalence of wetland vegetation. |
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Can I clear vegetation in or near a wetland on my residential property?
Normal residential gardening, lawn and landscape maintenance in or near a wetland does not require a wetland permit in Virginia. This only applies to noncommercial residential activities conducted by the landowner, including mowing, planting, fertilizing, mulching, tilling, vegetation removal by hand or by hand tools, placement of decorative stone, fencing and play equipment. Generally, if you are hand clearing vegetation you do not need a permit from DEQ, but if you are uncertain Check with DEQ and your local government before clearing vegetation. You may need permission from your homeowners association, local government or local wetlands board to clear vegetation in a wetland. Keep in mind that wetlands are valuable habitat for native plants and wildlife so it is important to try to minimize the amount vegetation removed.
How does the Office of Wetlands and Water Protection protect surface waters?
We implement state-wide policy for wetlands and streams and have jurisdiction over all surface waters (including wetlands) in the state of Virginia. Through the Virginia water permit program we regulate water withdrawal, excavation, filling, or activities that affect the biological, chemical or physical properties of surface waters (including streams, lakes and wetlands). We ensure compliance with state law, regulations, and permit requirements through regular inspections, compliance assistance and enforcement.
What is no net loss of wetlands and how is it achieved in Virginia?
One goal of our program is to achieve no-net-loss of wetland acreage and function by requiring compensation for all permitted wetland impacts. In other words, wetlands that are lost or destroyed by development activities, such as building, must be replaced so that the overall amount of wetland acreage does not decline. We also work to maintain the functions of wetlands; their benefit to people, wildlife, and water quality. For example, if 2 acres of wetland must be destroyed, the party causing the impact to the wetland may be required to create, restore or enhance at least 2 or more acres of wetland nearby. This way, the water storage, water purification, and wildlife habitat benefits of the wetland are not lost.