32.1-176.5:2 - Prohibition on private well construction
§ 32.1-176.5:2. Prohibition on private well construction.
A. No private well shall be constructed within 50 feet of the property linewith an adjacent property of three acres or larger that is used for anagricultural operation, as defined in § 3.2-300. The following shall beexempt: (i) the owner of the adjacent property that is used for anagricultural operation may grant written permission for construction within50 feet of the property line; or (ii) certification that no other site on theproperty complies with the Board's regulations for the construction of aprivate well.
B. The Department shall accept private site evaluations and designs, incompliance with the Board's regulations for the construction of privatewells, designed and certified by a licensed professional engineer, inconsultation with an authorized onsite soil evaluator, or by an authorizedonsite soil evaluator. The evaluations and designs included within suchsubmissions shall be certified as complying with the Board's regulationsimplementing this chapter. The Department shall not be required to perform afield check of private evaluations and designs prior to issuing the requestedletter, permit, or approval. However, the Department may conduct such reviewof the work and field analysis as deemed necessary to protect the publichealth, integrity of the Commonwealth's environment, and the provisions ofthis chapter.
C. The Department, prior to issuing a permit, shall require any ownerapplying for a permit to construct a private well pursuant to the exemptionsin subsection A to submit documentation that affirms the well constructionsite complies with the provisions of this section.
(2007, c. 403; 2008, c. 62.)