TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider promulgating 9VAC25-700, Virginia Water Protection (VWP) General Permit for Minimal Surface Water Impacts. The purpose of the proposed action is to develop and issue a new Virginia Water Protection (VWP) General Permit for minimal surface water impacts. Recent federal court decisions have prompted adjustments in federal regulations and permitting requirements, making this action necessary. The new VWP general permit will serve the role historically filled by federal Nationwide Permits for impacts to nontidal wetlands and nonperennial streams. Establishing this new VWP general permit in the Commonwealth will uphold strong environmental protections while preventing unnecessary delays for projects with minimal impacts to state waters.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).

Public Comment Deadline: October 7, 2026.

Agency Contact: Jeanette Ruiz, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 494-9636, or email jeanette.ruiz@deq.virginia.gov.