VirginiaHB5212026 Regular SessionHouse

Marine Resources Commission; powers and duties, impacts on wetlands, report.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

Summary

Marine Resources Commission; powers and duties; wetlands; work group; report. Requires the Marine Resources Commission to ensure that, in promulgating minimum standards for protection and conservation of wetlands, no net loss of existing wetland acreage and functions is achieved. The bill requires permits for the use and development of wetlands to contain requirements for compensating impacts on wetlands sufficient to achieve no net loss of existing wetland acreage and functions. The bill also directs the Secretary of Natural and Historic Resources to convene a stakeholder work group to address mitigation requirements for tidal nonvegetated wetlands and directs the work group to submit a report of its findings and recommendations to the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources no later than July 1, 2027.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Stronger, science‑based wetlands rules

The Marine Resources Commission preserves wetlands and protects shorelines while allowing needed development. It issues and updates science‑based guidelines and minimum standards designed to achieve no net loss of wetland acreage and function. The rules consider sea level rise and coastal hazards. The Virginia Institute of Marine Science advises the Commission and keeps an up‑to‑date inventory of vegetated wetlands. The Commission consults affected state agencies, and permitting bodies must consider these guidelines in their decisions. The Commission can accept donated wetlands and funds and must manage donated lands to maximize ecological value.

Study on tidal wetlands mitigation

The Secretary convenes a stakeholder group to review mitigation for tidal nonvegetated wetlands. Members include mitigation bankers, local governments and wetlands boards, planning districts, the Virginia Association of Counties, the Chesapeake Bay Foundation, the Virginia Maritime Association, DEQ, and the MRC’s Habitat Management Division. The group reviews banks, in‑lieu fee programs, permittee‑responsible mitigation, costs, and environmental performance. It must report findings and recommendations by July 1, 2027.

Limits on building in high‑value wetlands

Wetlands with primary ecological significance cannot be changed in ways that unreasonably disturb their systems. In Tidewater Virginia, projects should be placed in lower‑value wetlands, in vegetated wetlands irreversibly disturbed before July 1, 1972, in nonvegetated wetlands irreversibly disturbed before January 1, 1983, or outside wetlands when practical. These rules limit where new work can occur and may affect project plans and costs.

Developers must offset wetland impacts

Permits that affect wetlands must include mitigation so there is no net loss of wetlands. Applicants can meet this by buying credits from approved mitigation banks in the same fourth‑order subbasin or an adjacent subbasin in the same river watershed. If using a bank outside that area, special limits apply and the Department of Environmental Quality can adjust boundaries using site‑specific data. If you pay into an approved in‑lieu fee program, the wetlands board must credit those payments. For tidal wetlands, you may use credits from an adjacent watershed bank with the same plant community and salinity when no same‑watershed bank exists in certain polyhaline areas. These rules add costs but give clear options to satisfy permit conditions.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 241 • No: 78

House vote 3/4/2026

Senate substitute agreed to by House

Yes: 70 • No: 25

Senate vote 3/2/2026

Agriculture, Conservation and Natural Resources Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/2/2026

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote 2/26/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/26/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/24/2026

Reported from Agriculture, Conservation and Natural Resources with substitute

Yes: 8 • No: 6

House vote 2/3/2026

Read third time and passed House

Yes: 74 • No: 24

House vote 1/28/2026

Reported from Agriculture, Chesapeake and Natural Resources with amendment(s)

Yes: 19 • No: 3

House vote 1/26/2026

Subcommittee recommends reporting with amendment(s)

Yes: 9 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0161)

    4/6/2026Governor
  2. Approved by Governor-Chapter 161 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  5. Signed by Speaker

    3/12/2026House
  6. Fiscal Impact Statement from Department of Planning and Budget (HB521)

    3/11/2026House
  7. Bill text as passed House and Senate (HB521ER)

    3/11/2026House
  8. Enrolled

    3/11/2026House
  9. Signed by President

    3/11/2026Senate
  10. Senate substitute agreed to by House (70-Y 25-N 0-A)

    3/4/2026House
  11. Passed Senate with substitute (21-Y 19-N 0-A)

    3/2/2026Senate
  12. Agriculture, Conservation and Natural Resources Substitute agreed to

    3/2/2026Senate
  13. Engrossed by Senate - committee substitute

    3/2/2026Senate
  14. Fiscal Impact Statement from Department of Planning and Budget (HB521)

    2/27/2026House
  15. Passed by for the day

    2/27/2026Senate
  16. Read third time

    2/27/2026Senate
  17. Passed by for the day Block Vote (Voice Vote)

    2/26/2026Senate
  18. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/26/2026Senate
  19. Committee substitute printed 26108480D-S1

    2/26/2026Senate
  20. Rules suspended

    2/26/2026Senate
  21. Assigned HACNR sub: Water Usage

    2/24/2026Senate
  22. Senate subcommittee offered

    2/24/2026Senate
  23. Reported from Agriculture, Conservation and Natural Resources with substitute (8-Y 6-N)

    2/24/2026Senate
  24. Fiscal Impact Statement from Department of Planning and Budget (HB521)

    2/6/2026House
  25. Referred to Committee on Agriculture, Conservation and Natural Resources

    2/4/2026Senate

Bill Text

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