Administrative Code

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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 1410. Utility Line Encroachments Beneath or Over State-Owned Subaqueous Beds
6/21/2024

4VAC20-1410-20. Applicability and procedures.

A. An application shall only qualify for a general permit under this chapter if the applicant meets all of the following criteria:

1. The work is for the installation of an aerial or bored crossing for a public or private utility line.

2. No instream work is proposed on state-owned subaqueous beds as part of the submitted Joint Permit Application.

3. The applicant has submitted a complete Joint Permit Application and any supplemental information deemed necessary by the commissioner.

4. The project will not impact navigation.

B. The commissioner shall oversee the administration of the provisions of this general permit.

C. The commissioner shall forward the application to the U.S. Army Corp of Engineers, the Virginia Department of Environmental Quality, and the local wetlands board or locality.

D. Once the commissioner determines the application is complete, completes a full evaluation, and determines that the project meets the specific permit criteria described in 4VAC20-1410-30, the commissioner shall issue the permit after all permit fees and royalties have been paid in accordance with § 28.2-1206 of the Code of Virginia.

E. This general permit shall not relieve the applicant from the applicant's obligation to comply with any other federal, state, or local permitting requirements or laws governing the proposed activity.

Statutory Authority

§§ 28.2-103 and 28.2-1204 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 40, Issue 7, eff. November 1, 2023.

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