{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/33.2-247.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/33.2-247.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/33.2-247.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/33.2-247.html"}],"law_id":360103,"edition_id":2,"section_id":360103,"structure_id":51520,"section_number":"33.2-247","catch_line":"Wetlands mitigation banking","history":"1996, c. 736, \u00a7 33.1-223.2:1; 1999, c. 8; 2011, c. 253; 2014, cc. 332, 805; 2023, c. 245.","full_text":"A\n\nFor the purposes of this section, “river watershed” means the Potomac River Basin, Shenandoah River Basin, James River Basin, Rappahannock River Basin, Roanoke and Yadkin Rivers Basin, Chowan River Basin (including the Dismal Swamp and Albemarle Sound), Tennessee River Basin, Big Sandy River Basin, Chesapeake Bay and its Small Coastal Basins, Atlantic Ocean, York River Basin, and New River Basin.\n\nB\n\nWhen authorization is required by federal or state law for any project affecting wetlands and such authorization is conditioned upon compensatory mitigation for adverse impacts to wetlands, the Commissioner of Highways is authorized to expend funds for the purchase of, or is authorized to use, credits from any wetlands mitigation bank, including any owned by the Department of Transportation, that has been approved and is operating in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of mitigation banks as long as (i) the bank is in the same fourth order subbasin, as defined by the hydrologic unit boundaries of the National Watershed Boundary Dataset or by the hydrologic unit system or dataset utilized and depicted or described in the bank’s approved mitigation banking instrument, as the impacted site, or in an adjacent subbasin within the same river watershed as the impacted site, or it meets all the conditions found in clauses (a) through (d) and either clause (e) or (f); (ii) the bank is ecologically preferable to practicable on-site and off-site individual mitigation options, as defined by federal wetland regulations; and (iii) the banking instrument, if approved after July 1, 1996, has been approved by a process that included public review and comment. When the bank is not located in the same subbasin or adjacent subbasin within the same river watershed as the impacted site, the purchase or use of credits shall not be allowed unless the Commissioner of Highways demonstrates to the satisfaction of the agency requiring compensatory mitigation that (a) the impacts will occur as a result of a Department of Transportation linear project; (b) there is no practical same river watershed mitigation alternative; (c) the impacts are less than one acre in a single and complete project within a subbasin; (d) there is no significant harm to water quality or fish and wildlife resources within the river watershed of the impacted site; and either (e) impacts within the Chesapeake Bay watershed are mitigated within the Chesapeake Bay watershed as close as possible to the impacted site or (f) impacts within subbasins 02080108, 02080208, and 03010205, as defined by the National Watershed Boundary Dataset, are mitigated in-kind within those subbasins, as close as possible to the impacted site. After July 1, 2002, the provisions of clause (f) shall apply only to impacts within subdivisions of the listed subbasins where overlapping watersheds exist, as determined by the Department of Environmental Quality, provided the Department of Environmental Quality has made such a determination by that date. For the purposes of this subsection, the hydrologic unit boundaries of the National Watershed Boundary Dataset or other hydrologic unit system may be adjusted by the Department of Environmental Quality to reflect site-specific geographic or hydrologic information provided by the bank sponsor.\n\nC\n\nNotwithstanding any provision of this section restricting the location of the source of credits, the Commissioner of Highways may be permitted to purchase or use credits from a tidal wetland mitigation bank located in an adjacent river watershed when such bank contains the same plant community type and salinity regime as the impacted wetlands, which shall be the preferred form of compensation. This subsection shall apply only (i) to tidal wetland mitigation banks with a polyhaline salinity regime located in subbasins 02080102, 02080107, 02080108, and 02080208 and (ii) when a tidal wetland mitigation bank with the same plant community type and salinity regime as the impacted wetlands is not available in the same river watershed as the impacted wetland.\n\n","order_by":null,"text":{"0":{"id":1339809,"text":"For the purposes of this section, “river watershed” means the Potomac River Basin, Shenandoah River Basin, James River Basin, Rappahannock River Basin, Roanoke and Yadkin Rivers Basin, Chowan River Basin (including the Dismal Swamp and Albemarle Sound), Tennessee River Basin, Big Sandy River Basin, Chesapeake Bay and its Small Coastal Basins, Atlantic Ocean, York River Basin, and New River Basin.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1339810,"text":"When authorization is required by federal or state law for any project affecting wetlands and such authorization is conditioned upon compensatory mitigation for adverse impacts to wetlands, the Commissioner of Highways is authorized to expend funds for the purchase of, or is authorized to use, credits from any wetlands mitigation bank, including any owned by the Department of Transportation, that has been approved and is operating in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of mitigation banks as long as (i) the bank is in the same fourth order subbasin, as defined by the hydrologic unit boundaries of the National Watershed Boundary Dataset or by the hydrologic unit system or dataset utilized and depicted or described in the bank’s approved mitigation banking instrument, as the impacted site, or in an adjacent subbasin within the same river watershed as the impacted site, or it meets all the conditions found in clauses (a) through (d) and either clause (e) or (f); (ii) the bank is ecologically preferable to practicable on-site and off-site individual mitigation options, as defined by federal wetland regulations; and (iii) the banking instrument, if approved after July 1, 1996, has been approved by a process that included public review and comment. When the bank is not located in the same subbasin or adjacent subbasin within the same river watershed as the impacted site, the purchase or use of credits shall not be allowed unless the Commissioner of Highways demonstrates to the satisfaction of the agency requiring compensatory mitigation that (a) the impacts will occur as a result of a Department of Transportation linear project; (b) there is no practical same river watershed mitigation alternative; (c) the impacts are less than one acre in a single and complete project within a subbasin; (d) there is no significant harm to water quality or fish and wildlife resources within the river watershed of the impacted site; and either (e) impacts within the Chesapeake Bay watershed are mitigated within the Chesapeake Bay watershed as close as possible to the impacted site or (f) impacts within subbasins 02080108, 02080208, and 03010205, as defined by the National Watershed Boundary Dataset, are mitigated in-kind within those subbasins, as close as possible to the impacted site. After July 1, 2002, the provisions of clause (f) shall apply only to impacts within subdivisions of the listed subbasins where overlapping watersheds exist, as determined by the Department of Environmental Quality, provided the Department of Environmental Quality has made such a determination by that date. For the purposes of this subsection, the hydrologic unit boundaries of the National Watershed Boundary Dataset or other hydrologic unit system may be adjusted by the Department of Environmental Quality to reflect site-specific geographic or hydrologic information provided by the bank sponsor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1339811,"text":"Notwithstanding any provision of this section restricting the location of the source of credits, the Commissioner of Highways may be permitted to purchase or use credits from a tidal wetland mitigation bank located in an adjacent river watershed when such bank contains the same plant community type and salinity regime as the impacted wetlands, which shall be the preferred form of compensation. This subsection shall apply only (i) to tidal wetland mitigation banks with a polyhaline salinity regime located in subbasins 02080102, 02080107, 02080108, and 02080208 and (ii) when a tidal wetland mitigation bank with the same plant community type and salinity regime as the impacted wetlands is not available in the same river watershed as the impacted wetland.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":51520,"edition_id":2,"name":"Commissioner of Highways","identifier":"3","label":"article","depth":4,"order_by":3,"parent_id":51514,"metadata":{"child_laws":34,"child_structures":0},"date_created":"2026-08-02 02:43:19","date_modified":"2026-08-02 12:32:29","permalink":{"id":1431991,"object_type":"structure","relational_id":51520,"identifier":"3","token":"33.2\/I\/2\/3","url":"\/33.2\/I\/2\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51514,"edition_id":2,"name":"Transportation Entities","identifier":"2","label":"chapter","depth":3,"order_by":2,"parent_id":51473,"metadata":{"child_laws":120,"child_structures":6},"date_created":"2026-08-02 02:43:10","date_modified":"2026-08-02 12:32:29","permalink":{"id":1431877,"object_type":"structure","relational_id":51514,"identifier":"2","token":"33.2\/I\/2","url":"\/33.2\/I\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51473,"edition_id":2,"name":"General Provisions and Transportation Entities","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":51472,"metadata":{"child_laws":141,"child_structures":8},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:29","permalink":{"id":1431789,"object_type":"structure","relational_id":51473,"identifier":"I","token":"33.2\/I","url":"\/33.2\/I\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51472,"edition_id":2,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":77,"parent_id":null,"metadata":{"child_laws":749,"child_structures":88},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:28","permalink":{"id":1431787,"object_type":"structure","relational_id":51472,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":360071,"structure_id":51520,"section_number":"33.2-222","catch_line":"Commissioner of Highways","url":"\/33.2-222\/","token":"33.2\/I\/2\/3\/33.2-222","metadata":false},{"id":360075,"structure_id":51520,"section_number":"33.2-223","catch_line":"General powers of Commissioner of Highways","url":"\/33.2-223\/","token":"33.2\/I\/2\/3\/33.2-223","metadata":false},{"id":360076,"structure_id":51520,"section_number":"33.2-224","catch_line":"Employees; delegation of responsibilities","url":"\/33.2-224\/","token":"33.2\/I\/2\/3\/33.2-224","metadata":false},{"id":360077,"structure_id":51520,"section_number":"33.2-225","catch_line":"Liaison duties with other organizations","url":"\/33.2-225\/","token":"33.2\/I\/2\/3\/33.2-225","metadata":false},{"id":360078,"structure_id":51520,"section_number":"33.2-226","catch_line":"Authority to lease or convey airspace","url":"\/33.2-226\/","token":"33.2\/I\/2\/3\/33.2-226","metadata":false},{"id":360079,"structure_id":51520,"section_number":"33.2-227","catch_line":"Defense of employees","url":"\/33.2-227\/","token":"33.2\/I\/2\/3\/33.2-227","metadata":false},{"id":360080,"structure_id":51520,"section_number":"33.2-228","catch_line":"Agreements between Commissioner of Highways and certain localities","url":"\/33.2-228\/","token":"33.2\/I\/2\/3\/33.2-228","metadata":false},{"id":360081,"structure_id":51520,"section_number":"33.2-229","catch_line":"Furnishing information regarding right-of-way transactions","url":"\/33.2-229\/","token":"33.2\/I\/2\/3\/33.2-229","metadata":false},{"id":360082,"structure_id":51520,"section_number":"33.2-230","catch_line":"Written notice of decision to dispose of real property","url":"\/33.2-230\/","token":"33.2\/I\/2\/3\/33.2-230","metadata":false},{"id":360085,"structure_id":51520,"section_number":"33.2-231","catch_line":"Establish community service landscaping program","url":"\/33.2-231\/","token":"33.2\/I\/2\/3\/33.2-231","metadata":false},{"id":360086,"structure_id":51520,"section_number":"33.2-232","catch_line":"Biennial reports by Commissioner of Highways and the Office of Intermodal Planning and Investment","url":"\/33.2-232\/","token":"33.2\/I\/2\/3\/33.2-232","metadata":false},{"id":360087,"structure_id":51520,"section_number":"33.2-233","catch_line":"Gathering and reporting of information and statistics","url":"\/33.2-233\/","token":"33.2\/I\/2\/3\/33.2-233","metadata":false},{"id":360088,"structure_id":51520,"section_number":"33.2-234","catch_line":"Construction by state or local employees","url":"\/33.2-234\/","token":"33.2\/I\/2\/3\/33.2-234","metadata":false},{"id":360089,"structure_id":51520,"section_number":"33.2-235","catch_line":"Procurement","url":"\/33.2-235\/","token":"33.2\/I\/2\/3\/33.2-235","metadata":false},{"id":360090,"structure_id":51520,"section_number":"33.2-236","catch_line":" Maps or plats prepared at request and expense of local governing bodies and other groups; Department of Energy to seek other existing sources","url":"\/33.2-236\/","token":"33.2\/I\/2\/3\/33.2-236","metadata":false},{"id":360091,"structure_id":51520,"section_number":"33.2-237","catch_line":"Directional signs for certain educational institutions","url":"\/33.2-237\/","token":"33.2\/I\/2\/3\/33.2-237","metadata":false},{"id":360092,"structure_id":51520,"section_number":"33.2-238","catch_line":"Closing highways for safety of public or proper completion of construction; injury to barriers, signs, etc","url":"\/33.2-238\/","token":"33.2\/I\/2\/3\/33.2-238","metadata":false},{"id":360093,"structure_id":51520,"section_number":"33.2-239","catch_line":"Providing highway detours","url":"\/33.2-239\/","token":"33.2\/I\/2\/3\/33.2-239","metadata":false},{"id":360094,"structure_id":51520,"section_number":"33.2-240","catch_line":"Connections over shoulders of highways for intersecting private roads","url":"\/33.2-240\/","token":"33.2\/I\/2\/3\/33.2-240","metadata":false},{"id":360097,"structure_id":51520,"section_number":"33.2-241","catch_line":"Connections over shoulders of highways for intersecting commercial establishment entrances; penalty","url":"\/33.2-241\/","token":"33.2\/I\/2\/3\/33.2-241","metadata":false},{"id":360098,"structure_id":51520,"section_number":"33.2-242","catch_line":"Replacing entrances destroyed in the repair or construction of highways","url":"\/33.2-242\/","token":"33.2\/I\/2\/3\/33.2-242","metadata":false},{"id":360099,"structure_id":51520,"section_number":"33.2-243","catch_line":"Paying for damages sustained to personal property by reason of work projects, etc","url":"\/33.2-243\/","token":"33.2\/I\/2\/3\/33.2-243","metadata":false},{"id":360100,"structure_id":51520,"section_number":"33.2-244","catch_line":"Removal of snow and ice from public highways by private entities","url":"\/33.2-244\/","token":"33.2\/I\/2\/3\/33.2-244","metadata":false},{"id":360101,"structure_id":51520,"section_number":"33.2-245","catch_line":"Comprehensive highway access management standards","url":"\/33.2-245\/","token":"33.2\/I\/2\/3\/33.2-245","metadata":false},{"id":360102,"structure_id":51520,"section_number":"33.2-246","catch_line":"Recreational waysides; regulations; penalties","url":"\/33.2-246\/","token":"33.2\/I\/2\/3\/33.2-246","metadata":false},{"id":360103,"structure_id":51520,"section_number":"33.2-247","catch_line":"Wetlands mitigation banking","url":"\/33.2-247\/","token":"33.2\/I\/2\/3\/33.2-247","metadata":false},{"id":360104,"structure_id":51520,"section_number":"33.2-248","catch_line":"Expenditure of funds for interstate bridges and approaches","url":"\/33.2-248\/","token":"33.2\/I\/2\/3\/33.2-248","metadata":false},{"id":360105,"structure_id":51520,"section_number":"33.2-249","catch_line":"Maintenance and operation of bridges or tunnels on the city and state line","url":"\/33.2-249\/","token":"33.2\/I\/2\/3\/33.2-249","metadata":false},{"id":360106,"structure_id":51520,"section_number":"33.2-250","catch_line":"Improving certain private roads and certain town streets and roads","url":"\/33.2-250\/","token":"33.2\/I\/2\/3\/33.2-250","metadata":false},{"id":360117,"structure_id":51520,"section_number":"33.2-251","catch_line":"Installation and maintenance of \"children at play\" signs in counties and towns","url":"\/33.2-251\/","token":"33.2\/I\/2\/3\/33.2-251","metadata":false},{"id":360121,"structure_id":51520,"section_number":"33.2-252","catch_line":"Tramways and railways along or across public highways; appeals","url":"\/33.2-252\/","token":"33.2\/I\/2\/3\/33.2-252","metadata":false},{"id":360122,"structure_id":51520,"section_number":"33.2-253","catch_line":"Highway safety corridor program","url":"\/33.2-253\/","token":"33.2\/I\/2\/3\/33.2-253","metadata":false},{"id":360123,"structure_id":51520,"section_number":"33.2-254","catch_line":"Erection and maintenance of newspaper route boxes","url":"\/33.2-254\/","token":"33.2\/I\/2\/3\/33.2-254","metadata":false},{"id":360124,"structure_id":51520,"section_number":"33.2-255","catch_line":"Sale or lease of properties acquired for highway construction","url":"\/33.2-255\/","token":"33.2\/I\/2\/3\/33.2-255","metadata":false}],"previous_section":{"id":360102,"structure_id":51520,"section_number":"33.2-246","catch_line":"Recreational waysides; regulations; penalties","url":"\/33.2-246\/","token":"33.2\/I\/2\/3\/33.2-246","metadata":false},"next_section":{"id":360104,"structure_id":51520,"section_number":"33.2-248","catch_line":"Expenditure of funds for interstate bridges and approaches","url":"\/33.2-248\/","token":"33.2\/I\/2\/3\/33.2-248","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-247\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapter 736<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapter 8<\/a>; in 2011, chapter 253<\/a>; in 2014, chapters 332<\/a> and 805<\/a>; in 2023, chapter 245<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1432093,"object_type":"law","relational_id":360103,"identifier":"33.2-247","token":"33.2\/I\/2\/3\/33.2-247","url":"\/33.2-247\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/33.2-247\/","token":"33.2\/I\/2\/3\/33.2-247","dublin_core":{"Title":"Wetlands mitigation banking","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-247","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, “river watershed<\/span>” means the Potomac River Basin, Shenandoah River Basin, James River Basin, Rappahannock River Basin, Roanoke and Yadkin Rivers Basin, Chowan River Basin (including the Dismal Swamp and Albemarle Sound), Tennessee River Basin, Big Sandy River Basin, Chesapeake Bay and its Small Coastal Basins, Atlantic Ocean, York River Basin, and New River Basin. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When authorization is required by federal or state law<\/span> for any project affecting wetlands and such authorization is conditioned upon compensatory mitigation for adverse impacts to wetlands, the Commissioner of Highways<\/span> is authorized to expend funds for the purchase of, or is authorized to use, credits from any wetlands mitigation bank, including any owned by the Department<\/span> of Transportation, that has been approved and is operating in accordance with applicable federal and state guidance, laws<\/span>, or regulations for the establishment, use, and operation of mitigation banks as long as (i) the bank is in the same fourth order<\/span> subbasin, as defined by the hydrologic unit boundaries of the National Watershed Boundary Dataset or by the hydrologic unit system or dataset utilized and depicted or described in the bank’s approved mitigation banking instrument, as the impacted site, or in an adjacent subbasin within the same river watershed<\/span> as the impacted site, or it meets all the conditions found in clauses (a) through (d) and either clause (e) or (f); (ii) the bank is ecologically preferable to practicable on-site and off-site individual mitigation options, as defined by federal wetland regulations; and (iii) the banking instrument, if approved after July 1, 1996, has been approved by a process that included public review and comment. When the bank is not located in the same subbasin or adjacent subbasin within the same river watershed<\/span> as the impacted site, the purchase or use of credits shall not be allowed unless the Commissioner of Highways<\/span> demonstrates to the satisfaction of the agency requiring compensatory mitigation that (a) the impacts will occur as a result of a Department<\/span> of Transportation linear project; (b) there is no practical same river watershed<\/span> mitigation alternative; (c) the impacts are less than one acre in a single and complete project within a subbasin; (d) there is no significant harm to water quality or fish and wildlife resources within the river watershed<\/span> of the impacted site; and either (e) impacts within the Chesapeake Bay watershed are mitigated within the Chesapeake Bay watershed as close as possible to the impacted site or (f) impacts within subbasins 02080108, 02080208, and 03010205, as defined by the National Watershed Boundary Dataset, are mitigated in-kind within those subbasins, as close as possible to the impacted site. After July 1, 2002, the provisions of clause (f) shall apply only to impacts within subdivisions of the listed subbasins where overlapping watersheds exist, as determined by the Department<\/span> of Environmental Quality, provided the Department<\/span> of Environmental Quality has made such a determination by that date. For the purposes of this subsection, the hydrologic unit boundaries of the National Watershed Boundary Dataset or other hydrologic unit system may be adjusted by the Department<\/span> of Environmental Quality to reflect site-specific geographic or hydrologic information provided by the bank sponsor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any provision of this section restricting the location of the source of credits, the Commissioner of Highways<\/span> may be permitted to purchase or use credits from a tidal wetland mitigation bank located in an adjacent river watershed<\/span> when such bank contains the same plant community type and salinity regime as the impacted wetlands, which shall be the preferred form of compensation. This subsection shall apply only (i) to tidal wetland mitigation banks with a polyhaline salinity regime located in subbasins 02080102, 02080107, 02080108, and 02080208 and (ii) when a tidal wetland mitigation bank with the same plant community type and salinity regime as the impacted wetlands is not available in the same river watershed<\/span> as the impacted wetland. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWETLANDS MITIGATION BANKING (\u00a7 33.2-247)\n\nA. For the purposes of this section, “river watershed” means the\nPotomac River Basin, Shenandoah River Basin, James River Basin, Rappahannock\nRiver Basin, Roanoke and Yadkin Rivers Basin, Chowan River Basin (including the\nDismal Swamp and Albemarle Sound), Tennessee River Basin, Big Sandy River Basin,\nChesapeake Bay and its Small Coastal Basins, Atlantic Ocean, York River Basin,\nand New River Basin.\n\nB. When authorization is required by federal or state law for any project\naffecting wetlands and such authorization is conditioned upon compensatory\nmitigation for adverse impacts to wetlands, the Commissioner of Highways is\nauthorized to expend funds for the purchase of, or is authorized to use, credits\nfrom any wetlands mitigation bank, including any owned by the Department of\nTransportation, that has been approved and is operating in accordance with\napplicable federal and state guidance, laws, or regulations for the\nestablishment, use, and operation of mitigation banks as long as (i) the bank is\nin the same fourth order subbasin, as defined by the hydrologic unit boundaries\nof the National Watershed Boundary Dataset or by the hydrologic unit system or\ndataset utilized and depicted or described in the bank’s approved\nmitigation banking instrument, as the impacted site, or in an adjacent subbasin\nwithin the same river watershed as the impacted site, or it meets all the\nconditions found in clauses (a) through (d) and either clause (e) or (f); (ii)\nthe bank is ecologically preferable to practicable on-site and off-site\nindividual mitigation options, as defined by federal wetland regulations; and\n(iii) the banking instrument, if approved after July 1, 1996, has been approved\nby a process that included public review and comment. When the bank is not\nlocated in the same subbasin or adjacent subbasin within the same river\nwatershed as the impacted site, the purchase or use of credits shall not be\nallowed unless the Commissioner of Highways demonstrates to the satisfaction of\nthe agency requiring compensatory mitigation that (a) the impacts will occur as\na result of a Department of Transportation linear project; (b) there is no\npractical same river watershed mitigation alternative; (c) the impacts are less\nthan one acre in a single and complete project within a subbasin; (d) there is\nno significant harm to water quality or fish and wildlife resources within the\nriver watershed of the impacted site; and either (e) impacts within the\nChesapeake Bay watershed are mitigated within the Chesapeake Bay watershed as\nclose as possible to the impacted site or (f) impacts within subbasins 02080108,\n02080208, and 03010205, as defined by the National Watershed Boundary Dataset,\nare mitigated in-kind within those subbasins, as close as possible to the\nimpacted site. After July 1, 2002, the provisions of clause (f) shall apply only\nto impacts within subdivisions of the listed subbasins where overlapping\nwatersheds exist, as determined by the Department of Environmental Quality,\nprovided the Department of Environmental Quality has made such a determination\nby that date. For the purposes of this subsection, the hydrologic unit\nboundaries of the National Watershed Boundary Dataset or other hydrologic unit\nsystem may be adjusted by the Department of Environmental Quality to reflect\nsite-specific geographic or hydrologic information provided by the bank sponsor.\n\nC. Notwithstanding any provision of this section restricting the location of the\nsource of credits, the Commissioner of Highways may be permitted to purchase or\nuse credits from a tidal wetland mitigation bank located in an adjacent river\nwatershed when such bank contains the same plant community type and salinity\nregime as the impacted wetlands, which shall be the preferred form of\ncompensation. This subsection shall apply only (i) to tidal wetland mitigation\nbanks with a polyhaline salinity regime located in subbasins 02080102, 02080107,\n02080108, and 02080208 and (ii) when a tidal wetland mitigation bank with the\nsame plant community type and salinity regime as the impacted wetlands is not\navailable in the same river watershed as the impacted wetland.\n\nHISTORY: 1996, c. 736, \u00a7 33.1-223.2:1; 1999, c. 8; 2011, c. 253; 2014, cc. 332,\n805; 2023, c. 245.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}