Regulatory Environment

The regulatory environment in Virginia is one of the most fair and least complicated of all U.S. states. On the other hand, the process can seem daunting at times. Virginia Economic Development Partnership works diligently with our allies in other state organizations to help make the permitting process smooth and simple for new and expanding businesses. Listed below is an outlined overview of potential regulations that may affect new businesses.

Environmental Regulations
Most environmental regulations on business are under the stewardship of the Department of Environmental Quality. Created in 1993, DEQ consolidated the functions of four former agencies to streamline both the environmental permitting process and communications with business, government and the public.

The Virginia DEQ has primacy over the U.S. Environmental Protection Agency; as such, our permitting process is much quicker and easier than when dealing directly with the federal government. Once a satisfactory permit is forwarded to the DEQ, an expeditious turnaround is likely to follow. This allows for little time lost to waiting for approval(s) so that a company can proceed with its plans. Virginia administers its environmental programs through the Department of Environmental Quality and the Virginia Marine Resources Commission.

It is highly recommended that any business or industry that is new to Virginia seek early guidance from the appropriate regulatory agency before proceeding with modifying an existing facility or modifying a process. This can be done directly, or with our help. Regardless, permits must be obtained before construction or installation of equipment can begin.

Water Compliance
The Virginia Marine Resources Commission is the primary point of contact for joint local, state and federal applications for all wetlands and navigable waterways permitting requirements. All localities in Virginia have erosion and sediment control ordinances that establish soil conservation requirements for land-distributing activities associated with new construction. Information concerning these requirements may be obtained from the local government or from the Virginia Department of Conservation and Recreation's Division of Soil and Water Conservation.

Occupational Regulation
The Virginia Department of Professional and Occupational Regulation issues state licenses and regulates many businesses and occupations, including architects, barbers, geologists, land surveyors, opticians and real estate agents.

Some occupations require certification, such as plumbers, electricians and building-related mechanical workers. The Virginia Certification of Tradesmen Standards is a uniform statewide regulation that ensures the competency of the certificate holders.

Producers of agricultural products, chemicals, and many other goods and services are required to satisfy particular regulations or obtain special permits.

Virginia Occupational Safety and Health Program
Motor vehicle transporters of loads exceeding statutory size and weight limits must obtain a hauling permit from the Virginia Department of Transportation's permit and truck weight manager. The permit controls time of travel, day, location, and the type of road used. It also controls load overhang, maximum speeds, lights, warning signs, and flags.

Virginia has also adopted several unique state standards to protect employers and employees. These include standards for the construction and telecommunications industries concerning entry into confined spaces such as manholes and tanks.

The confined space standards require employers to establish a written permit entry system and to provide training, atmospheric testing, mechanical ventilation, and personal protective equipment.

Building Code and Construction Regulations
Construction of new buildings requires a building permit, which effectively implements a number of local and statewide regulations. State building codes require building construction to conform to the Uniform Statewide Building Code, which is based on the Building Officials and Code Administrators International, Inc. (BOCA), Code. The Uniform Statewide Building Code is adopted by the Virginia Department of Housing and Community Development and is enforced by the local building departments.

The Uniform Statewide Building Code, Volume II Building Maintenance Code is based on the BOCA Property Maintenance Code. The USBC regulations require compliance in all buildings to protect the occupants from health and safety hazards that might arise from improper maintenance and use.

Compliance is also required with the Virginia Statewide Fire Prevention Code. It is intended to protect life and property from the hazards of fire or explosion. Local enforcement of the Fire Prevention Code is optional; the State Fire Marshall has enforcement authority in jurisdictions where the local government does not so choose.

Clearance from the Virginia Department of Environmental Quality is required before a local building permit may be issued to construct a heating system, exhaust system, incinerator, or refuse chute. Since the issuance of a clearance may require a public hearing, it is advisable to contact the department early in the facility-planning process.

The Virginia health laws require authorization by the Virginia Department of Health prior to issuance of a construction permit. For wastewater discharging systems, this involves the issuance of a Virginia Pollutant Discharge Elimination System (VPDES) construction approval by the Department of Environmental Quality.

Manufactured buildings are governed by the Virginia Industrialized Building Safety Regulations and Virginia Manufactured Home Safety Regulations, which are administered by the Department of Housing and Community Development. The regulations provide for the voluntary participation of manufacturers in a state-approved labeling program for manufactured buildings. Labeled buildings are accepted as meeting the building code in all localities of the state. Local building officials perform field enforcement of the regulations to ensure that installed buildings comply with the code.

Virginia Certification of Tradesman Standards
In Virginia, trade licenses are required for plumbers, electricians, and building-related mechanical workers. The Board for Contractors Tradesman Licensure regulates the certification and standards of practice for tradesmen. This statewide regulation uniformly gauges a worker's ability, proficiency, and qualifications, and ensures the competency of licensed tradesmen.