Wells, explainedhow a private well is permitted, built, recorded and tested in Virginia
A well's life in the order the rules meet it: the permit before drilling, the site plan and setbacks, the class and casing, the completion report and inspection, the first satisfactory sample, and the records and testing that follow.
No hole goes down without a written permit
The first document in a private well's life is written before anyone drills. After November 6, 2024, no one may construct, alter, abandon or increase the depth of a private well in Virginia without a written construction permit from the State Health Commissioner, and the application goes to the district or local health department, signed by the owner or the owner's agent.
Not every job on an existing well counts. The regulation says replacing a well pump, replacing a well seal or cap with an equivalent one, or extending the casing vertically above the ground surface is not an alteration. Building a new well or increasing the depth of an old one still needs the permit.
The statute defines a private well as a water well constructed for a person on land that person owns or leases. Beginning August 11, 2019, the application has also had to carry supporting work from a licensed private sector consultant, the license coming through the Department of Professional and Occupational Regulation (DPOR), unless VDH approves the owner's petition for its own services.
- Permit issued
- No later than 60 days after a complete application is received
- Permit life
- 18 months from issuance, with provision for one 18-month renewal, except where other sections of the regulation provide otherwise
- Older wells
- The regulations do not apply to wells constructed, altered or abandoned before September 1, 1990, unless later altered or abandoned
- After construction
- An inspection follows to assure the construction standards were met
The site plan draws everything within 100 feet
Where the well goes is settled on paper first. The site plan filed with the application has to locate the proposed well site, the property boundaries, any actual or proposed sewage disposal systems, recorded easements and every other source of contamination within 100 feet of the proposed well.
- A sanitary survey investigates obvious sources of potentially toxic or dangerous substances within 200 feet of the proposed well.
- No private well within five feet of a property line.
- No private well within 50 feet of the line of an adjoining property of three acres or more used for an agricultural operation, subject to the exemptions the statute lists.
- No private well in a utility easement unless the utility's permission is documented.
- Special precaution when the well would sit within a 60 degree arc directly downslope of an existing or intended onsite sewage disposal system or another known source of pollution.
- A drinking water well at least 50 feet from an active or permitted drainfield for a Class IIIA or IIIB well, and 100 feet for a Class IIIC well, with the reserve drainfield counted.
Those distances put the well site, the drainfield and its reserve area in competition for the same ground, which is one reason the utilities pass in how Bowman reads land asks about both.
The rock has a say as well. A U.S. Geological Survey study of the Blue Ridge part of the New River basin tied landscape position to the odds of a well crossing water-bearing fractures and to yield, a study-area finding covered with the other yield figures, not a forecast for any one site.
The health department sets the class, and the class sets the casing
The local or district health department determines the class of well to be constructed. A private well built as a source of drinking water is a Class III well, and each Class III type carries its own minimum casing standard.
| Class | How it is made | Minimum casing and grout |
|---|---|---|
| Class IIIA | Drilled | At least 100 feet of casing and at least 20 feet of grout; the cased hole must pass through at least 50 feet of collapsing material |
| Class IIIB | Drilled | At least 50 feet of casing, grouted to at least 50 feet |
| Class IIIC | Drilled, bored, driven or jetted, other than IIIA or IIIB | At least 20 feet of casing, or ending not less than one foot into bedrock met shallower than 20 feet. Exceptions include collapsing material (casing never under 20 feet), a bored well whose only aquifer lies between 11 and 20 feet (casing within one foot of the aquifer and never under 10 feet), and a driven well (cased to the water bearing strata, never under 10 feet) |
What casing and grout are in the regulation's definitions, and how the tool that opened the hole tells a drilled well from a bored or a dug one, are set out under drilled well.
In the 2001 USGS study of the Blue Ridge part of the New River basin, well depths ranged from about 50 to 400 feet and exceeded 500 feet in rare instances; what that does and does not say about a county is worked through in how deep wells are in Southwest Virginia.
A completion report in 30 days, then the inspection statement
Within 30 days of completing the construction, alteration, abandonment or deepening of a private well, the owner, the owner's agent or the water well systems provider has to furnish the health department a completed uniform water well completion report.
The well's own numbers get written down at this stage. The statute has the certified water well systems provider certify the storage capacity and the yield of the well on a VDH form when the well is completed. For scale, USGS put average yields in the crystalline rocks of its Blue Ridge study area at about 1 to 15 gallons per minute, with wells above 40 gallons per minute not uncommon; what those figures measure is set out under well yield.
Then the health department inspects. The statute calls for an inspection after construction to assure the construction standards are met, and the regulation says no private well may be placed in operation without a written inspection statement. The one exception lets the well run before inspection only to test the mechanical soundness of the system.
Negative for coliform, once or twice
The well regulations also set a bacteriological standard. A Class III private well is considered satisfactory when its water tests negative for coliform organisms, and how many negative samples that takes depends on the well's last 12 months.
No unsatisfactory sample in the previous 12 months
One water sample that tests negative for coliform bacteria is considered satisfactory.
One or more positive samples in the past 12 months
At least two consecutive samples must test negative, collected at least 24 hours apart, and the well may not be disinfected between them.
A coliform result is not a full account of what well water can carry. VDH names bacteria, radon, arsenic, iron, manganese and radiological contaminants as the most common well water contaminants in Virginia. Radon gets its own treatment in radon in Southwest Virginia.
The file VDH keeps, and the tests left to the owner
Once the well is in use, the state's part narrows to the record. VDH says records of private wells were not required before 1990, that the Virginia Environmental Information System (VENIS) has held private well records since 2003, and that the local VDH office maintains well records.
After installation, VDH says, all later testing is at the well user's discretion, and VDH has no authority to test private well quality or to require anyone else to test it. Its guidance does recommend testing for bacteria and nitrate every year.
A sale adds no state requirement: the well regulations call for neither a well inspection nor a water quality test at a property transfer, though a locality or a lender may, and whether you need a well test to sell takes that up. A well serving more than one house raises its own questions about easements and agreements, set out in shared wells.
A spring is a different water source. The private well regulations exclude wells constructed to modify or develop springs, and what a spring or a creek on a parcel means is taken up in springs, creeks and water rights.
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Good questions, straight answers.
Does replacing a well pump need a construction permit?
Not under the regulation's definition. Replacing a well pump, replacing a well seal or cap with an equivalent seal or cap, or extending the casing vertically above the ground surface is not considered a well alteration. Constructing a private well, altering one, abandoning one or increasing its depth does need a written construction permit, applied for at the local health department, a rule in force after November 6, 2024.
Is a well drilled before 1990 covered by the current well regulations?
Not unless something has been done to it since. The private well regulations do not apply to wells constructed, altered or abandoned before September 1, 1990, unless the well was altered or abandoned after that date. VDH also says records of private wells were not required before 1990, so a well that old may have no record at the local health department.
Does closing up an old well need a permit?
Yes. After November 6, 2024, 12VAC5-630-220 bars anyone from constructing, altering, abandoning or increasing the depth of a private well without a written construction permit, so abandoning a well is permitted work, applied for at the local health department. Within 30 days after the abandonment, the owner, the owner's agent or the water well systems provider has to furnish the health department a uniform water well completion report. How a given well has to be closed is a question for the health department and a licensed provider.
How long is a well construction permit good for?
Eighteen months from the date it is issued, with provision for one 18-month renewal, except where other sections of the regulation provide otherwise. The permit has to be issued no later than 60 days after a complete application is received, and the 18 months run from issuance, not from the day the application went in.
Where this page's facts come from
Every rule, office and figure above traces to one of these. Rules change; check the office before you act on one.
- 12VAC5-630-10: definitions of private well, drilled, bored and dug wells, casing, grout and yield Virginia Department of Health
- 12VAC5-630-30: wells excluded from the private well regulations Virginia Department of Health
- 12VAC5-630-220: construction permit, inspection statement and permit validity Virginia Department of Health
- 12VAC5-630-230: the application and its site plan Virginia Department of Health
- 12VAC5-630-240: construction permit issued within 60 days of a complete application Virginia Department of Health
- 12VAC5-630-310: the uniform water well completion report Virginia Department of Health
- 12VAC5-630-320: no operation before inspection except to test mechanical soundness Virginia Department of Health
- 12VAC5-630-330: an inspection statement is not a warranty Virginia Department of Health
- 12VAC5-630-350: wells before September 1, 1990, and who determines the class of well Virginia Department of Health
- 12VAC5-630-360: Class III private drinking water wells Virginia Department of Health
- 12VAC5-630-380: sanitary survey, siting and separation distances Virginia Department of Health
- 12VAC5-630-410: casing depths for Class IIIC wells Virginia Department of Health
- 12VAC5-630-431: the coliform standard for a Class III private well Virginia Department of Health
- Va. Code 32.1-176.3: definition of a private well Virginia General Assembly
- Va. Code 32.1-176.4: storage capacity and yield certified at completion Virginia General Assembly
- Va. Code 32.1-176.5: permit within 60 days and inspection after construction Virginia General Assembly
- Va. Code 32.1-176.5:2: well setback from an adjoining agricultural operation Virginia General Assembly
- Have you considered using the private sector? (licensed private sector work since August 11, 2019) Virginia Department of Health
- Private well program Virginia Department of Health
- Real estate transfer FAQ: private wells Virginia Department of Health
- Guidance on testing your private well water Virginia Department of Health
- Water-Resources Investigations Report 00-4270: Ground-Water Quality and Geohydrology of the Blue Ridge Physiographic Province, New River Basin, Virginia and North Carolina (2001) U.S. Geological Survey