Virginia Law

A. Fast-track consideration of Joint Permit Applications for dredging projects and associated dredge material disposal sites involving state-owned submerged lands shall be provided to local governments in Tidewater Virginia when shoreline or open water placement of dredge material is preferable for habitat creation or development of living shoreline features or to enhance coastal resilience.

B. When placement of dredge material does not involve use of state-owned submerged lands, upland disposal sites must be identified in the Joint Permit Application.

C. To qualify for fast-track review, the applicant must submit to VMRC a request for fast-track review, a complete Joint Permit Application, the additional information identified in subsection D of this section, and any supplemental information deemed necessary by VMRC or the applicable wetlands board.

D. The application shall include a dredging plan, a dredged material placement plan, and the following additional information:

1. Geotechnical analysis of the material in the proposed channel to be dredged, unless the dredged material is sand with the same properties as the sand at the placement location and the placement location is adjacent to the dredge site;

2. Chemical analysis of the material to be dredged when VMRC determines chemical analysis is necessary due to the presence of known chemical contaminates;

3. Analysis of the benthic, marine, and fishery resources in the placement site;

4. Current recreational and commercial fishing activity in the proposed dredge and placement areas;

5. Any impact on historical artifacts in the proposed dredge and placement areas;

6. Any impact on other uses of the state waters and bottomlands at the dredge and placement sites; and

7. Anticipated environmental impact of the dredge material proposed for placement on (i) wetlands, dunes or beaches, submerged lands, and (ii) nearby benthic, marine, and fishery resources, including an assessment of any coastal resilience or beneficial ecological services provided by such placement.

E. VMRC, in consultation with the Department of Environmental Quality, the Virginia Department of Health, the Department of Historic Resources, the Virginia Institute of Marine Science, and any other interested state agency, shall coordinate a review process to ensure the orderly evaluation of a Joint Permit Application that qualifies for fast-track review. The review process shall be completed by all agencies that have been asked to comment within 45 days of VMRC notifying the agency of the Joint Permit Application.

F. Any property owner adjacent to or within 200 feet of the disposal site shall be identified in the Joint Permit Application, and VMRC shall notify such property owners of the proposed project and provide an opportunity for comment.

G. VMRC shall issue a public notice for any dredge or dredge material placement project requiring public notice under 4VAC20-120-10.

H. A wetlands or sand dunes and beaches permit will not be required for any use authorized under subdivision 3 of § 28.2-1302 or subdivision 3 of § 28.2-1403 of the Code of Virginia.

I. When a wetlands or sand dunes and beaches permit is required, VMRC will not make a decision on the Joint Permit Application until receiving proof that a wetlands or sand dunes and beaches permit has been issued by the appropriate authority pursuant to § 28.2-1302 or 28.2-1403 of the Code of Virginia. After receiving such proof, or after receipt of a complete application if no wetlands or sand dunes and beaches permit is required, VMRC shall make a decision on the Joint Permit Application no more than 90 days thereafter to the extent practicable.

J. If an objection to a Joint Permit Application is filed with VMRC, VMRC shall allow 90 days from completion of the application to attempt to resolve the objection. If resolution cannot be achieved, VMRC shall consider the Joint Permit Application at a public hearing no later than 30 days after the time for resolution has ended or as soon as practicable.