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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 390. Wetlands Mitigation -- Compensation Policy
3/13/2025

4VAC20-390-20. Policy.

Virginia, as a Chesapeake Bay Program partner, has committed to achieving a no-net loss of existing wetlands acreage and function in regulatory programs. In addition, the Virginia Coastal Resilience Master Plan recognizes the importance of tidal wetlands as natural flood buffers. Despite this, the pressures to use or develop tidal wetlands along Virginia's shoreline have continued. While losses are controlled by existing permit programs, some impacts to tidal wetlands from development activity are unavoidable. Research has demonstrated that certain wetlands can be established in areas where wetlands are not presently found, wetlands that were previously lost or degraded can be reestablished, and wetland functions in existing wetlands can be improved. As such, compensatory mitigation for permitted wetland losses is viewed as a means of offsetting impacts of necessary projects.

The commission encourages, where appropriate, compensatory mitigation for all permitted tidal wetland impacts, provided all other mitigative measures have been considered to avoid and minimize any impact.

Statutory Authority

§§ 28.2-103 and 28.2-1301 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0051 § 2, Virginia Register Volume 5, Issue 20, eff. August 2, 1989; amended, Virginia Register Volume 21, Issue 22, eff. July 1, 2005; Volume 41, Issue 14, eff. February 1, 2025.

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