Section 320. Transferability of permits and special exceptions

A. Transfer by modification. Except as provided for under automatic transfer in subsection B of this section, a permit or special exception shall be transferred only if the permit has been modified to reflect the transfer.

B. Automatic transfer. Any permit or special exception shall be automatically transferred to a new owner as allowed by the minor modification process described in 9VAC25-610-330 B 8 if:

1. The current owner notifies the board within 30 days in advance of the proposed transfer of ownership;

2. The notice to the board includes a notarized written agreement between the existing permittee and proposed new permittee containing a specific date of transfer of permit or special exception responsibility, coverage and liability to the new permittee, or that the existing permittee will retain such responsibility, coverage, or liability, including liability for compliance with the requirements of any enforcement activities related to the permitted activity;

3. The board does not within the 30-day time period notify the existing permittee and the proposed permittee of its intent to modify, revoke, or reissue the permit or special exception; and

4. The permit transferor and the permit transferee provide written notice to the board of the actual transfer date.

Historical Notes

Derived from VR680-13-07 § 6.4, eff. September 22, 1993; amended, Volume 30, Issue 05, eff. January 1, 2014.

Statutory Authority

§ 62.1-256 of the Code of Virginia.