33.1-19.1 - Environmental permits for highway projects; timely review. - Virginia Statutes

§ 33.1-19.1. Environmental permits for highway projects; timely review.

Notwithstanding any other provision of state law or regulation, any stateagency, board, or commission that issues a permit required for a highwayconstruction project pursuant to Title 10.1, 28.2, 29.1, or 62.1 of the Codeof Virginia shall, within 15 days of receipt of an individual permitapplication, review the application for completeness and either accept theapplication or request additional specific information from the Department ofTransportation. Unless a shorter period is provided by law, regulation, oragreement, the state agency, board, or commission shall within 120 days ofreceipt of a complete application issue the permit, issue the permit withconditions, deny the permit, or decide whether a public meeting or hearing isrequired by law. If a public meeting or hearing is held, it shall be heldwithin 45 days of the decision to conduct such a proceeding and a finaldecision as to the permit shall be made within 90 days of completion of thepublic meeting or hearing. For coverage under general permits issued pursuantto Title 10.1, 28.2, 29.1, or 62.1, the state agency, board, or commissionthat issues such permits shall, within 10 business days of receipt of anapplication from the Department of Transportation for a road or highwayconstruction project, review the application for completeness and eitheraccept the application or request additional specific information from theDepartment of Transportation. Coverage under the general permit shall beapproved, approved with conditions, or denied within 30 business days ofreceipt of a complete application.

(2005, c. 781; 2007, c. 896.)