NOTICES OF INTENDED REGULATORY ACTION
Vol. 43 Iss. 2 - September 07, 2026

TITLE 4. CONSERVATION AND NATURAL RESOURCES
Impounding Structure Regulations
Notice of Intended Regulatory Action

TITLE 4. CONSERVATION AND NATURAL RESOURCES

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Soil and Water Conservation Board intends to consider amending 4VAC50-20, Impounding Structure Regulations. The purpose of the proposed action is to clarify regulation requirements, enhance consistency in implementation, and align certain provisions with current engineering practices. This regulatory action will amend (i) definitions used to determine maximum impounding capacity, updating hazard potential classification criteria, and (ii) the definition of significant hazard potential, revising the methodology used for conducting incremental damage analysis, establishing minimum design standards for dam decommissioning projects, and updating the emergency action plan requirements for high and significant hazard potential dams. The intent of this regulatory action is to ensure that impounding structures are classified and regulated based on current risk assessment practices and clearly defined criteria, while providing dam owners and engineers with more consistent and predictable regulatory requirements.

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

Statutory Authority: § 10.1-605 of the Code of Virginia.

Public Comment Deadline: October 7, 2026.

Agency Contact: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, fax (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.

VA.R. Doc. No. R27-8797; Filed August 19, 2026
TITLE 9. ENVIRONMENT
Virginia Water Protection (VWP) General Permit for Minimal Surface Water Impacts
Notice of Intended Regulatory Action

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.

VA.R. Doc. No. R27-8798; Filed August 19, 2026
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Barbering and Cosmetology Regulations
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Barbers and Cosmetology intends to consider amending 18VAC41-20, Barbering and Cosmetology Regulations; 18VAC41-50, Tattooing Regulations; 18VAC41-60, Body-Piercing Regulations; and 18VAC41-70, Esthetics Regulations. The purpose of the proposed action is to amend Body-Piercing Regulations (18VAC41-60) to establish rules for the licensure of body-piercing schools and ear-piercing schools. The amended regulation will (i) create qualifications for the licensure of schools, (ii) create qualifications for the certification of school instructors, (iii) establish curricula for body-piercing and ear-piercing school training programs, (iv) provide for standards for the operation of schools, and (v) provide for standards of practice for schools and instructors. These changes are mandated by Chapters 308 and 322 of the 2025 Acts of Assembly.

Additionally, the board intends to consider amending other board regulations to revise existing rules for the licensure and operation of licensed schools, including requirements pertaining to the inspection of schools, transferring of students, and addition of training programs.

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

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: October 7, 2026.

Agency Contact: Tamika Rodriguez, Regulatory Operations Administrator, Board for Barbers and Cosmetology, 9960 Mayland Drive, Perimeter Center, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, fax (866) 245-9693, or email barbercosmo@dpor.virginia.gov.

VA.R. Doc. No. R27-8310; Filed August 05, 2026
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Tattooing Regulations
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Barbers and Cosmetology intends to consider amending 18VAC41-20, Barbering and Cosmetology Regulations; 18VAC41-50, Tattooing Regulations; 18VAC41-60, Body-Piercing Regulations; and 18VAC41-70, Esthetics Regulations. The purpose of the proposed action is to amend Body-Piercing Regulations (18VAC41-60) to establish rules for the licensure of body-piercing schools and ear-piercing schools. The amended regulation will (i) create qualifications for the licensure of schools, (ii) create qualifications for the certification of school instructors, (iii) establish curricula for body-piercing and ear-piercing school training programs, (iv) provide for standards for the operation of schools, and (v) provide for standards of practice for schools and instructors. These changes are mandated by Chapters 308 and 322 of the 2025 Acts of Assembly.

Additionally, the board intends to consider amending other board regulations to revise existing rules for the licensure and operation of licensed schools, including requirements pertaining to the inspection of schools, transferring of students, and addition of training programs.

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

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: October 7, 2026.

Agency Contact: Tamika Rodriguez, Regulatory Operations Administrator, Board for Barbers and Cosmetology, 9960 Mayland Drive, Perimeter Center, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, fax (866) 245-9693, or email barbercosmo@dpor.virginia.gov.

VA.R. Doc. No. R27-8310; Filed August 05, 2026
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Body-Piercing Regulations
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Barbers and Cosmetology intends to consider amending 18VAC41-20, Barbering and Cosmetology Regulations; 18VAC41-50, Tattooing Regulations; 18VAC41-60, Body-Piercing Regulations; and 18VAC41-70, Esthetics Regulations. The purpose of the proposed action is to amend Body-Piercing Regulations (18VAC41-60) to establish rules for the licensure of body-piercing schools and ear-piercing schools. The amended regulation will (i) create qualifications for the licensure of schools, (ii) create qualifications for the certification of school instructors, (iii) establish curricula for body-piercing and ear-piercing school training programs, (iv) provide for standards for the operation of schools, and (v) provide for standards of practice for schools and instructors. These changes are mandated by Chapters 308 and 322 of the 2025 Acts of Assembly.

Additionally, the board intends to consider amending other board regulations to revise existing rules for the licensure and operation of licensed schools, including requirements pertaining to the inspection of schools, transferring of students, and addition of training programs.

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

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: October 7, 2026.

Agency Contact: Tamika Rodriguez, Regulatory Operations Administrator, Board for Barbers and Cosmetology, 9960 Mayland Drive, Perimeter Center, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, fax (866) 245-9693, or email barbercosmo@dpor.virginia.gov.

VA.R. Doc. No. R27-8310; Filed August 05, 2026
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Esthetics Regulations
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Barbers and Cosmetology intends to consider amending 18VAC41-20, Barbering and Cosmetology Regulations; 18VAC41-50, Tattooing Regulations; 18VAC41-60, Body-Piercing Regulations; and 18VAC41-70, Esthetics Regulations. The purpose of the proposed action is to amend Body-Piercing Regulations (18VAC41-60) to establish rules for the licensure of body-piercing schools and ear-piercing schools. The amended regulation will (i) create qualifications for the licensure of schools, (ii) create qualifications for the certification of school instructors, (iii) establish curricula for body-piercing and ear-piercing school training programs, (iv) provide for standards for the operation of schools, and (v) provide for standards of practice for schools and instructors. These changes are mandated by Chapters 308 and 322 of the 2025 Acts of Assembly.

Additionally, the board intends to consider amending other board regulations to revise existing rules for the licensure and operation of licensed schools, including requirements pertaining to the inspection of schools, transferring of students, and addition of training programs.

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

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: October 7, 2026.

Agency Contact: Tamika Rodriguez, Regulatory Operations Administrator, Board for Barbers and Cosmetology, 9960 Mayland Drive, Perimeter Center, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, fax (866) 245-9693, or email barbercosmo@dpor.virginia.gov.

VA.R. Doc. No. R27-8310; Filed August 05, 2026
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Pharmacy
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Pharmacy intends to consider amending 18VAC110-20, Regulations Governing the Practice of Pharmacy. Pursuant to Chapter 888 of the 2026 Acts of Assembly, the purpose of the proposed action is to permit a pharmacist to perform a therapeutic interchange by substituting a drug with another drug in the same therapeutic class that the pharmacist believes will have a similar therapeutic effect and adverse-reaction profile when administered in a therapeutically equivalent dose as the prescribed drug.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: October 7, 2026.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, fax (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R27-8726; Filed August 17, 2026