62.1-44.15:5.01 - Coordinated review of water resources projects - Virginia Statutes

§ 62.1-44.15:5.01. Coordinated review of water resources projects.

A. Applications for water resources projects that require an individualVirginia Water Protection Permit and a Virginia Marine Resources permit under§ 28.2-1205 shall be submitted and processed through a joint application andreview process.

B. The Director and the Commissioner of the Virginia Marine ResourcesCommission, in consultation with the Virginia Institute of Marine Science,the Department of Game and Inland Fisheries, the Department of HistoricResources, the Department of Health, the Department of Conservation andRecreation, the Virginia Department of Agriculture and Consumer Services, andany other appropriate or interested state agency, shall coordinate the jointreview process to ensure the orderly evaluation of projects requiring bothpermits.

C. The joint review process shall include, but not be limited to, provisionsto ensure that: (i) the initial application for the project shall beadvertised simultaneously by the Department of Environmental Quality and theVirginia Marine Resources Commission; (ii) project reviews shall be completedby all state agencies that have been asked to review and provide comments,within 45 days of project notification by the Department of EnvironmentalQuality and the Virginia Marine Resources Commission; (iii) the Board and theVirginia Marine Resources Commission shall coordinate permit issuance and, tothe extent practicable, shall take action on the permit application no laterthan one year after the agencies have received complete applications; (iv) tothe extent practicable, the Board and the Virginia Marine ResourcesCommission shall take action concurrently, but no more than six months apart;and (v) upon taking its final action on each permit, the Board and theVirginia Marine Resources Commission shall provide each other withnotification of their actions and any and all supporting information,including any background materials or exhibits used in the application.

D. If requested by the applicant, the Department of Environmental Qualityshall convene a preapplication review panel to assist applicants for waterresources projects in the early identification of issues related to theprotection of beneficial instream and offstream uses of state waters. TheVirginia Marine Resources Commission, the Virginia Institute of MarineScience, the Department of Game and Inland Fisheries, the Department ofConservation and Recreation, and the Department of Environmental Qualityshall participate in the preapplication review panel by providing informationand guidance on the potential natural resource impacts and regulatoryimplications of the options being considered by the applicant. However, theparticipation by these agencies in such a review process shall not limit anyauthority they may exercise pursuant to state and federal laws or regulations.

(2005, c. 49.)