Section 40. Specific criteria

In order for a proposal to be authorized to destroy wetlands and compensate for same in some prescribed manner, the three criteria listed below must be met. If the proposal cannot meet one or more of these criteria, the activity shall be denied, or must occur in areas apart from the wetlands. Should it satisfy all three criteria, however, compensation for the wetlands lost is required. Since the proposed activity should stand on its own merits in the permit approval process, compensation should not be used to justify permit issuance.

1. All reasonable mitigative actions, including alternate siting, which would eliminate or minimize wetlands loss or disturbance shall be incorporated in the proposal.

2. The proposal shall clearly be water-dependent in nature.

3. The proposal shall demonstrate clearly its need to be in the wetlands and its overwhelming public and private benefits.

Historical Notes

Derived from VR450-01-0051 § 4, Volume 05, Issue 20, eff. August 2, 1989; amended, Virginia Register Volume 21, Issue 22, eff. July 1, 2005.

Statutory Authority

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