Projects proposing a withdrawal from surface waters in the amounts below require a SWW permit:

• Projects for surface water withdrawals that total more than 10 thousand gallons per day from nontidal waters
• Projects for surface water withdrawals that total more than 2 million gallons per day from tidal waters
• Withdrawals for agricultural use that total more than 1 million gallons in a single month from nontidal waters
• Withdrawals for agricultural use that total more than 60 million gallons in a single month from tidal waters

In addition, specific activities related to construction of infrastructure associated with surface water withdrawal projects within surface waters, including wetlands, stream channels and open waters as defined by the Code of Virginia as ‘State Waters’, often requires authorization from DEQ under the VWP Permit Program. SWW Individual Permits cover both the water withdrawal portion of the project and the related construction impacts under a single permit. For more information about the additional application requirements related to wetland and stream impacts, please visit the Wetlands and Streams page for more information.

Certain surface water withdrawal activities are excluded from the requirement for a SWW permit (see 9VAC25-210-310). General categories of excluded activities are listed below:

• Surface water withdrawals in existence on July 1, 1989; however, a permit will be required for an increase in the withdrawal.
• Agricultural surface water withdrawals that total less than:
  • One million gallons in a single month from nontidal waters.
  • 60 million gallons in a single month from tidal waters.
• Surface water withdrawals from tidal waters for nonconsumptive uses.
• Surface water withdrawals from nontidal or tidal waters for firefighting or training activities related to firefighting; hydrostatic pressure testing of watertight containers, pipelines, and vessels; normal single-family home residential gardening and lawn and landscape maintenance.
• Surface water withdrawals placed into portable containers by persons owning property on or holding easements to riparian lands.
• Surface water withdrawals that return withdrawn water to the stream of origin; do not divert more than half of the instantaneous flow of the stream; have both withdrawal point and the return point not separated by more than 1,000 feet of stream channel; and have both banks of the affected stream segment located within one property boundary.
• Surface water withdrawals from quarry pits that do not alter the physical, biological, or chemical properties of surface waters connected to the quarry pit.
• Surface water withdrawals from a privately owned agriculture pond, emergency water storage facility, or other water retention facility, provided that such pond or facility is not placed in the bed of a perennial or intermittent stream or wetland.

The regulation provides for DEQ to require any owner or operator of a surface water withdrawal system excluded from permit requirements by 9VAC25-210-310 to cease withdrawals and file an application and receive a permit prior to resuming withdrawals when the Department’s assessment indicates that a withdrawal is causing or contributing to a significant impairment of State Waters or fish and wildlife resources, adversely impacts other beneficial uses, or a violation of water quality standards.

Surface Water Withdrawal Individual Permits can be authorized up to 15 years. In order to continue permitted withdrawal activities or complete any permit requirement that has not been completed, including compensation provisions, a new permit will be required. In accordance with 9VAC25-210-65 a new and complete permit application must be submitted at least 270 calendar days prior to the expiration of the current permit.

Target Schedule for VWP Permits

The target schedule for a SWW Individual Permit is 270 days. It is important to note that these targets are based on a typical process and rely on all parties in the application review process providing complete and timely information. You can view pending and recently completed permit actions in the Permitting Enhancement and Evaluation Platform. 

For more information on other VWP permit program permits outside of surface water withdrawals, please visit DEQ’s  Wetlands & Streams page and choose the “Types of VWP Permits” tab.

Unites States Army Corp of Engineers 

For additional information about USACE Permits, visit the website for the Norfolk District Regulatory program. See also the VWP Wetlands and Streams page for additional information.

Federal Energy Regulatory Commission

The Federal Energy Regulatory Commission (FERC) regulates non-federal hydroelectric projects by authorizing their construction and operation. Pursuant to Section 401 of the Clean Water Act (CWA), an applicant for a FERC license for a hydroelectric project must obtain certification from the appropriate state agency verifying compliance with the CWA. DEQ provides Section 401 certification through the issuance of a VWP-SWW Individual Permit.

Virginia Marine Resources Commission

Activities occurring in subaqueous or bottomlands, tidal wetlands, and coastal primary sand dunes may require authorization and/or permitting from the Virginia Marine Resources Commission, as detailed in their Habitat Management Permits webpage. For assistance with the VMRC permit processes in a specific area of the State, visit VMRC’s territory contacts page.

 

Virginia Department of Health

The Virginia Department of Health (VDH)’s Office of Drinking Water ensures that all people in Virginia have access to an adequate supply of affordable, safe drinking water that meets federal and state drinking water standards. VDH enforces drinking water regulations and standards of the Virginia Public Water Supply Law and the federal Safe Drinking Water Act. VDH also issues waterworks permits, monitors drinking water quality, supports voluntary source water protection efforts, provides technical assistance and training with respect to all drinking water issues, and provides financial assistance to improve drinking water systems.

Stormwater Management

DEQ regulates stormwater as a “point source” of pollution, which means its source can be located. This includes stormwater discharges from:

• Construction activities 
  Land disturbance associated with construction activities often require approval of erosion and sediment control and post construction stormwater management plans and could require a Virginia Construction Stormwater General Permit. For more information about this program visit DEQ’s webpage for Stormwater-Construction.
• Industrial discharges 
  Precipitation causes runoff at industrial facilities that delivers pollutants to storm sewers and water bodies. DEQ regulates several types of industrial activities to reduce and mitigate the impacts of their stormwater runoff. For more information about this program, visit DEQ’s webpage for Stormwater-Industrial.

For more information see the Wetlands and Streams page.

SWW Permits, VMRC Permits and most USACE Permits share a common Joint Permit Application form, which is submitted to VMRC and then distributed to DEQ and USACE. However, because the application is shared between multiple agencies, DEQ strongly recommends applicants submit the Joint Permit Application and include the SWW Permit Application complete checklist (see below) to ensure all required material is provided. 

Application Process for VWP Permits

• Obtain the Standard Joint Permit Application (JPA). Detailed instructions on how to apply are included with the form. 
• Submit the Joint Permit Application per the instructions on the JPA form. 
• The VMRC assigns a permit number and distributes the application to participating federal, state, and local agencies. VMRC's permit numbers are searchable on their website.
• Each agency reviews the application in accordance with the appropriate regulations and responds separately to the applicant. 

VWPP_SWW_Checklist  – for Surface Water Withdrawal Individual Permits

For information about how to apply for a VMRC and USACE Permit, please visit Virginia Marine Resources Commission Habitat Management Division page and the Norfolk District Army Corps of Engineers Regulatory page.

Authority to regulate surface water withdrawals and administer Virginia Water Protection – Surface Water Withdrawal permit regulations is given by §62.1-44.15:22 of the Code of Virginia. The over-arching regulation for the VWP permit program is found in 9VAC25-210 with Sections 80, 100, 340, and 360 containing application requirements for SWW Individual Permits. 

In addition to the Surface Water Withdrawal Regulations, a related regulation applies to reporting of water withdrawal amounts. The Water Withdrawal Reporting Regulation (9VAC25-200) applies to:

• Every user withdrawing groundwater or surface water in Virginia whose average daily withdrawal during any single month exceeds 10,000 gallons per day.
• Every user withdrawing groundwater or surface water for the purpose of irrigating crops whose withdrawal exceeds 1 million gallons in any single month.

For information on exemptions to the Water Withdrawal Reporting Regulation, please see 9VAC25-200-30 B. For more information on Water Withdrawal reporting, please see the Water Supply Planning Water Withdrawal Reporting page.

Below is a list of applicant laws, regulations, and guidance documents. 

• §62.1-44.15:20 Virginia Water Protection Permit
• §62.1-44.15:22 VWP Surface Water Withdrawals
• 9 VAC 25-210 Virginia Water Protection Permit Program Regulation
• 9 VAC 25-200 Water Withdrawal Reporting Regulation
• 9 VAC 25-20 Fees for Permits and Certificates
• Clean Water Act, §401

Section 404(b)(i) Guidelines Mitigation Memorandum of Agreement (2/90); Compensatory Mitigation for Losses of Aquatic Resources:  Final Rule (USEPA/USACE, April 10, 2008) (Final Mitigation Rule). In 2008, the U.S. Environmental Protection Agency (USEPA) and USACE through a joint rulemaking expanded the Clean Water Act Section 404(b)(1) Guidelines to include more comprehensive standards for compensatory mitigation. In 2008, the Commonwealth revised VWP permit regulations in order to align with the Final Mitigation Rule to promote no net loss of wetland acreage and function, stream functions and water quality benefits.