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 amending 9VAC25-200, Water Withdrawal Reporting; 9VAC25-210, Virginia Water Protection Permit Program Regulation; 9VAC25-220, Surface Water Management Area Regulation; and 9VAC25-780, Local and Regional Water Supply Planning. The purpose of the proposed action is to clarify how the Virginia Water Protection Permit Program Regulation (9VAC25-210) implements the exclusion, commonly referred to as grandfathered withdrawals, in § 62.1-44.15:22 of the Code of Virginia. The exemption provides that no Virginia Water Protection (VWP) Permit is required for a surface water withdrawal in existence on July 1, 1989; however, a permit is required if a new 401 certification is required to increase a withdrawal. Clarity regarding this exemption is essential because in 2024, for example, almost 80% of total surface water withdrawals by volume were from facilities that use this exemption. Therefore, to improve consistency in implementing the VWP provisions, provide certainty to water users on application of the exclusion provisions, and provide better information to the Department of Environmental Quality for permitting, planning, and allocating water resources, this regulatory action will clarify what constitutes a grandfathered withdrawal, when a grandfathered withdrawal must obtain a VWP Permit, and how grandfathered withdrawals are addressed in the VWP regulation and related regulations.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 62.1-44.15, 62.1-44.38, 62.1-44.38:1, and 62.1-249 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).

Public Comment Deadline: November 18, 2026.

Agency Contact: Morgan Emanuel, Regulatory and Guidance Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 494-9635, or email morgan.emanuel@deq.virginia.gov.