Update: Unfortunately this bill has passed both the House & Senate.

PEC's Position: Opposed

This bill would remove localities' ability to require, encourage or incentivize that wetlands or stream mitigation occur within the jurisdiction that is being impacted. In doing so, this bill would also eliminate a county's ability to enforce a "no net loss" policy for wetlands. Loudoun County has had such a policy in place since 2001, and it is important to note that Loudoun's policy DOES NOT conflict with State or Federal guidance/regulations on the mitigation of wetlands.

Bill Summary as Passed by the House:

Prohibits localities from regulating the location of wetlands and stream mitigation projects that are subject to a Virginia Water Protection Permit or a Corps of Engineer § 404 permit. However, a locality may continue to determine the allowed uses within its zoning classifications.

Patron: Delegate Thomas Davis Rust (R-District 48)

View bill text and status.

Ask your State Senator to Oppose HB 515

Why we are opposed to HB 515?

1. Allowing a locality to regulate the location of mitigation protects a major community value, water quality, and provides for mitigation in such a way that both the watershed (broad) and local water quality impacts from development are reduced.
2. This bill would hamper localities' ability to meet water quality obligations, such as reducing pollution in streams to meet Federal standards.
3. "No net loss" policies, such as the one Loudoun has in place, do not conflict with higher level regulation (State and Federal). As long as this is the case, the Commonwealth should respect local authority to protect local priorities such as clean water.

Why was the legislation proposed?

Some in the wetland mitigation business dislike county wetland policies or regulations, and prefer not to have to compete with other wetland banking operations. Furthermore, they argue that limitations on mitigation unfairly drive up the cost of development and mitigation activities.

*The status and text of bills change often, so be sure to check the Legislative Information System website for the most current information for this bill.