Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION
- Chapter 10 - REGULATORY PUBLIC PARTICIPATION PROCEDURES [REPEALED]
- Chapter 11 - PUBLIC PARTICIPATION GUIDELINES
- Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS
- Chapter 20 - STANDARDS FOR CLASSIFICATION OF REAL ESTATE AS DEVOTED TO OPEN SPACE USE UNDER THE VIRGINIA LAND USE ASSESSMENT LAW
- Chapter 30 - VIRGINIA STATE PARKS REGULATIONS
- Chapter 35 - STANDARD FEES FOR USE OF DEPARTMENT OF CONSERVATION AND RECREATION FACILITIES, PROGRAMS AND SERVICES [REPEALED]
- Chapter 36 - STANDARD FEES FOR USE OF DEPARTMENT OF CONSERVATION AND RECREATION FACILITIES, PROGRAMS, AND SERVICES
- Chapter 40 - VIRGINIA STATE FORESTS REGULATIONS [REPEALED]
- Chapter 50 - FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND [REPEALED]
- Chapter 60 - REFORESTATION OF TIMBERLANDS REGULATIONS [REPEALED]
AGENCY SUMMARY
The department and its boards operate under the supervision of the Secretary of Natural Resources. Regulations may be found in the Virginia Administrative Code at http://lis.virginia.gov/cgi-bin/legp604.exe?000+reg+TOC04005 and their associated guidance may be found on the Regulatory Town Hall at http://www.townhall.virginia.gov/. Regulations or guidance may also be requested from the departments principal office at 203 Governor Street, Suite 302, Richmond, VA 23219 or by contacting the regulatory coordinator at regcord@dcr.virginia.gov.
The Department of Conservation and Recreation is empowered to prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred by law, pursuant to the Administrative Process Act. The department is charged with the responsibility for the Commonwealths nonpoint source pollution management program developed pursuant to certain state and federal laws including § 319 of the federal Clean Water Act ( 33 USC § 1251 et seq.) and § 6217 of the federal Coastal Zone Management Act ( 16 USC § 1451 et seq.). The department is authorized to establish the Office of Environmental Education to provide increased opportunities for public education programs on environmental issues. The department is also responsible for operation of a voluntary nutrient management training and certification program and for the promulgation of program regulations, with the approval of the Virginia Soil and Water Conservation Board, including the criteria for the development of nutrient management plans for various agricultural and urban agronomic practices. The department is also directed, when funds are available for the development of the necessary software, to develop a flexible, tiered, Voluntary Nutrient Management Plan Program to assist owners and operators of agricultural land and turf in preparing nutrient management plans for their own property that meet the nutrient management specifications developed by the department and in achieving economic benefits as a result of effective nutrient management. The department is required to adopt regulations by July 1, 2014 that amend the application rates in the Virginia Nutrient Management Standards and Criteria by incorporating into such regulations the recommended application rates for nitrogen in lawn fertilizer and lawn maintenance fertilizer and the recommended application rates for "slow or controlled release fertilizer" and "enhanced efficiency lawn fertilizer," as such terms are defined and adopted or proposed for adoption by the American Association of Plant Food Control Officials, as described in the Virginia Department of Agriculture and Consumer Services' December 2011 "Report on the Use of Slowly Available Nitrogen in Lawn Fertilizer and Lawn Maintenance Fertilizer." The department is required to develop written procedures for the development, submission, and the implementation of a nutrient management plan or planning standards and specifications that shall be provided to all state agencies, state colleges and universities, and other state governmental entities that own land upon which nutrients are applied. The department is also authorized to provide technical assistance and training for state entities on the development and implementation of a nutrient management plan and to conduct periodic reviews. The department is authorized to recognize farms that utilize practices designed to protect water quality and soil resources by administering the Clean Water Farm Award Program. Persons that own land operated as a golf course and upon which specified nutrients are applied, must implement nutrient management plans by July 1, 2017. The plans must be submitted to the department for review and approval. The department must provide technical assistance and training for golf course operators on the development and implementation of nutrient management plans. The department is also responsible for establishing a cost-share program to assist in implementation of the nutrient management plans. The department is authorized to allow the undertaking of supplemental environmental projects as partial settlement of a civil enforcement action that is not otherwise required by law. Landowners or operators who implement and maintain a resource management plan shall be eligible for matching grants for agricultural best management practices provided through the Virginia Agricultural Best Management Practices Cost-Share Program administered by the department in accordance with program eligibility rules and requirements. Code of Virginia, Title 10.1, Chapter 1.
The director may convey, lease, or demise departmental lands, lease state-owned housing under the control of the department to state employees, grant easements to governmental agencies and public service corporations for renewable periods of not more than 10 years, sell trees, and authorize the removal of minerals from such lands under conditions prescribed by law. With the approval of the Governor, the director is authorized to enter into leases and contracts with an initial term of up to 30 years for the operation and development of revenue-producing capital improvement projects in Virginia state parks. The director of the department is responsible for managing historic sites and commemorative facilities. The director of the department is authorized to establish a state directory of cultural heritage facilities and sites that would be composed of commemorative and historic facilities and sites that interpret significant aspects of national, state or regional history. The sites included in the directory would be those owned or operated by entities other than state agencies. The director is responsible for evaluating whether the facility or site qualifies for inclusion in the directory and presenting his findings to the Board of Conservation and Recreation, which makes its recommendations. The recommendations are sent to the Governor for his written approval. Code of Virginia, Title 10.1, Chapter 1, Article 3.
The director may request the Governor to commission individuals designated by the director to act as conservation officers of the Commonwealth. Commissioned conservation officers shall be law-enforcement officers and shall have power to enforce the laws of the Commonwealth and the regulations of the department and the collegial bodies under administrative support of the department. If requested by the chief law-enforcement officer of the locality, conservation officers shall coordinate the investigation of felonies with the local law-enforcement agency. The departments conservation officers shall also have the power to arrest without warrant in certain cases as authorized pursuant to § 19.2-81.C onservation officers shall have jurisdiction throughout the Commonwealth on all department lands and waters and upon lands and waters under the management or control of the department; on property of the United States government or a department or agency thereof on which the Commonwealth has concurrent jurisdiction and is contiguous with land of the department or on which the department has a management interest; on a property of another state agency or department whose property is contiguous with land of the department; and in those local jurisdictions in which mutual aid agreements have been established pursuant to § 15.2-1736.T he director may designate certain conservation officers, appointed pursuant to § 10.1-115, to be special conservation officers. Special conservation officers shall have the same authority and power as sheriffs throughout the Commonwealth to enforce the laws of the Commonwealth. Upon separation from the department, incapacity, death, or other good cause, the director may recommend in writing the decommissioning of any conservation officer to the Governor. Code of Virginia, Title 10.1, Chapter 1, Article 4.
The department is responsible for acquiring, developing, improving, managing, licensing, and regulating the use of state parks and for undertaking a master planning process for all existing state parks, following the substantial acquisition of land for a new state park, and prior to undertaking substantial improvements to state parks. The department is authorized to acquire properties or interests therein of scenic beauty, recreational utility, historical interest, biological significance or any other unusual features that should be acquired, preserved and maintained for the use, observation, education, health and pleasure of the people of Virginia. Further, the department is authorized to permit and otherwise regulate activities on those portions of the Appalachian Trail under its control. The department is instructed to establish a Golden Passport card that authorizes persons receiving social security disability payments to enter Virginias state parks without having to pay an admittance or parking fee. The department is instructed to establish a Disabled Veterans Passport that entitles the bearer to enter Virginias state parks without having to pay an admittance or parking fee, and to receive a 50 percent discount on camping and swimming fees, picnic shelter rentals, and other department-provided equipment rentals. The department also is charged to establish, maintain, protect and regulate a statewide system of trails. Code of Virginia, Title 10.1, Chapter 2, Article 1.
The department is authorized to establish and maintain a comprehensive plan for the development of public outdoor recreational facilities; to establish standards for such facilities; to disburse funds to local, regional, and other state agencies for acquiring and developing such facilities; and to make regulations to carry out the statute. It may develop recreational programs and assist state institutions, agencies, and political subdivisions in developing such programs. The department is authorized to acquire property or interests therein to maintain the character of the land as open-space land. Such land is to be made available for agricultural and timbering uses that are compatible in maintaining the open-space nature of the property. Code of Virginia, Title 10.1, Chapter 2, Article 2.
The department is authorized to establish criteria for the selection, registration and dedication of natural areas and natural area preserves; grant permits to qualified persons for the conduct of scientific research and investigations within natural area preserves; provide recommendations to the Department of Agriculture and Consumer Services and to the Department of Game and Inland Fisheries concerning their regulatory activities related to endangered species; produce an inventory of the Commonwealths natural heritage resources; maintain a natural heritage data bank; develop a natural heritage plan to establish priorities for the protection, acquisition and management of registered and dedicated natural areas and natural area preserves; and maintain a state registry of voluntarily protected natural areas to be called the Virginia Registry of Natural Areas. General fund appropriations, gifts, bequests, devises, fees, lease proceeds, and funds accruing from, or attributable to, the use or management of state natural area preserves acquired or held by the department are to be deposited to the Natural Area Preservation Fund. Code of Virginia, Title 10.1, Chapter 2, Article 3.
The director is authorized, subject to the provisions of the chapter, to issue revenue bonds of the Commonwealth to pay the cost of acquiring, constructing, enlarging, improving, and maintaining camping and recreational facilities in any of the state parks and to establish and collect fees and charges for the use of such facilities. Code of Virginia, Title 10.1, Chapter 3.
The department has the duty of studying rivers or sections of rivers, reporting upon and recommending to the Governor and the General Assembly those to be considered for designation as scenic rivers. The director may appoint Scenic River Advisory Committees or other local or regional committees to consider and manage scenic river interests and issues. Code of Virginia, Title 10.1, Chapters 4 and 4.1.
The Department shall develop a schedule for conducting periodic reviews and evaluations of the effectiveness of Virginia Erosion and Sediment Control Programs (VESCPs) unless otherwise directed by the board. Such reviews where applicable shall be coordinated with those being implemented in accordance with the Stormwater Management Act (§ 10.1-603.2 et seq.) and associated regulations and the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.) and associated regulations. The Department may also conduct a comprehensive or partial program compliance review and evaluation of a VESCP at a greater frequency than the standard schedule. The department administers education and training certification programs related to the states erosion and sediment control program. Such education and training programs shall also contain expanded components to address plan review and project inspection elements of the Virginia Stormwater Management Act and attendant regulations in accordance with § 10.1-603.4:2.I n order to administer the VESCP, the department is authorized to carry out those powers and duties delegated to it by the Virginia Soil and Water Conservation Board except the adoption and promulgation of regulations. Code of Virginia, Title 10.1, Chapter 5, Article 4.
The department is required to establish guidelines which will meet the minimum requirements of the National Flood Insurance Program under the National Flood Insurance Act of 1968 ( 42 USC § 4001 et seq.). Code of Virginia, Title 10.1, Chapter 6, Article 1.
Pursuant to the Virginia Stormwater Management Act, and based on the U.S. Environmental Protection Agencys authorization for delegation of program authority to the Virginia Soil and Water Conservation Board, effective January 29, 2005, the department was authorized to carry out those powers and duties delegated to it by the Virginia Soil and Water Conservation Board except the adoption and promulgation of regulations. The Department of Conservation and Recreation and the Virginia Soil and Water Conservation Board shall administer the issuance of national pollutant discharge elimination system permits for the control of stormwater discharges from municipal separate storm sewer systems (MS4) and construction activities from the U.S. Environmental Protection Agency under the federal Clean Water Act. Powers further delegated to the department from the board may include the authority to issue, deny, revoke, terminate, amend and enforce state stormwater individual permits and coverage issued under state general permits for the control of stormwater discharges from MS4s and land disturbing activities; approve and periodically review Virginia stormwater management programs (VSMPs) and management programs developed in conjunction with a municipal separate storm sewer permit; enforce the provisions of the Act; and otherwise act to ensure the general health, safety and welfare of the citizens of the Commonwealth as well as protect the quality and quantity of state waters from the potential harm of unmanaged stormwater. In support of VSMP authorities, the department shall provide assistance grants to localities not currently operating a local stormwater management program to help the localities to establish their VSMP, provide technical assistance and training, and provide qualified services in specified geographic areas to a VSMP to assist localities in the administration of components of their programs. The department shall actively assist localities in the establishment of their programs and in the selection of a contractor or other entity that may provide support to the locality or regional support to several localities. The department shall develop a model ordinance for establishing a VSMP consistent with the Act and its associated regulations, including the Virginia Stormwater Management Program (VSMP) General Permit for Discharges of Stormwater from Construction Activities. State entities, including the Department and the Department of Transportation, and for specified linear projects, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, and railroad companies shall, and federal entities and authorities created pursuant to § 15.2-5102 may, annually submit a single set of standards and specifications for department approval that describes how land-disturbing activities shall be conducted. The department shall assess an administrative charge to cover the costs of services rendered associated with its responsibilities pursuant to the development of such standards and specifications. The department shall perform random site inspections or inspections in response to a complaint to assure compliance with this Act, the Erosion and Sediment Control Law, and regulations adopted thereunder. The department may take enforcement actions in accordance with this chapter and related regulations. The department shall provide technical assistance, training, research, and coordination in stormwater management technology to VSMP authorities consistent with the purposes of this Act. The department is authorized to review the stormwater management plan for any project with real or potential interjurisdictional impacts upon the request of one or all of the involved localities to determine that the plan is consistent with the provisions of this article. The department may charge a fee of the requesting locality to cover its costs for providing such services. The Department shall develop and implement a review and evaluation schedule so that the effectiveness of each VSMP authority, Municipal Separate Storm Sewer System Management Program, and other MS4 permit requirements is evaluated no less than every five years. The review shall include an assessment of the extent to which the program has reduced nonpoint source pollution and mitigated the detrimental effects of localized flooding. Such reviews shall be coordinated with those being implemented in accordance with the Erosion and Sediment Control Law (§ 10.1-560 et seq.) and associated regulations and, where applicable, the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.) and associated regulations. Following completion of a compliance review of a VSMP, the department shall provide results and compliance recommendations to the board in the form of a corrective action agreement if deficiencies are found; otherwise, the board may find the program compliant. If the Board revokes its approval of a VSMP, the board shall find the VSMP authority provisional, and shall have the department assist with the administration of the program until the VSMP authority is deemed compliant with the requirements of this article and associated regulations. Assisting with administration includes the ability to review and comment on plans to the VSMP authority, to conduct inspections with the VSMP authority, and to conduct enforcement in accordance with this article and associated regulations. Code of Virginia, Title 10.1, Chapter 6, Article 1.1.
The director upon approval from the Virginia Soil and Water Conservation Board, may make grants or loans from the Dam Safety, Flood Prevention and Protection Assistance Fund to local governments and private entities for the purpose of providing matching funds for flood prevention or protection. The director, upon approval from the Virginia Soil and Water Conservation Board, may also make grants and loans to local governments owning dams and to make loans to private entities for the design, repair and the safety modifications of dams identified in safety reports and to make grants to localities and private entities for the determination of the hazard classification for impounding structures, dam break analysis, the mapping and digitization of dam break inundation zones, incremental damage analysis, and other engineering requirements such as emergency action plan development. Funding to assist in the development of these maps is contingent upon the contribution of a 50 percent match. The highest priority for awarding funds shall be placed on assisting with the mapping of the highest class of dams. The director shall, after consultation with all interested parties, develop a guidance document governing project eligibility and project priority criteria. The director may, in order to reduce dam owner expenses associated with hazard classification, dam break analysis, the mapping and digitization of dam break inundation zones, incremental damage analysis, and other engineering requirements such as emergency action plan development, expend moneys from the Fund to employ staff or to directly contract for these services. The director may establish a fee to be paid by the dam owner to offset a portion of these services. Such fee shall not exceed 50 percent of the cost incurred by the department. The Virginia Resources Authority shall administer and manage the Fund, and establish the interest rates and the repayment terms of such loans as provided in this article, in accordance with a memorandum of agreement with the director. Code of Virginia, Title 10.2, Chapter 6, Articles 1.2 and 2.
The owner of an impounding structure that does not currently hold a regular or conditional certificate from the Virginia Soil and Water Conservation Board, or the owner of an impounding structure that is already under certificate but the owner believes that a condition has changed downstream of the impounding structure that may reduce its hazard potential classification, may request that the department conduct a simplified dam break inundation zone analysis to determine whether the impounding structure has a low hazard potential classification. The owner shall pay 50 percent of the cost of the analysis. If the department finds that the impounding structure has a low hazard potential classification, the owner shall be eligible for general permit coverage. During the maintenance, construction, or alteration of any dam or reservoir, the department shall make periodic inspections for the purpose of securing conformity with the approved plans and specifications. The department shall require the owner to perform at his expense such work or tests as necessary to obtain information sufficient to enable the department to determine whether conformity with the approved plans and specifications is being secured. If, after any inspections, investigations, or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval, it is found by the director that project modifications or changes are necessary to ensure conformity with the approved plans and specifications, the director may issue an administrative order to the owner to comply with the plans and specifications. The director may issue a temporary stop work order on a construction or alteration project if he finds that an owner is constructing or altering a dam without having first obtained the necessary certificate of approval, or if the activities are not in accordance with approved plan and specifications. Code of Virginia, Title 10.1, Chapter 6, Article 2.
The department is responsible for coordinating a comprehensive flood control program for the Commonwealth. Code of Virginia, Title 10.1, Chapter 6, Article 6.
The department may issue a permit to excavate or remove any archaeological, paleontological, prehistoric or historic feature of any cave, or to carry out other scientific investigations or collections. The Virginia Cave Board is responsible for protecting rare, unique, and irreplaceable minerals and archaeological resources found in caves; rare and endangered animal or other life forms found in caves; ground water flow in caves; and the integrity of caves that have unique characteristics or are exemplary natural community types. Code of Virginia, Title 10.1, Chapter 10.
The director shall serve as executive secretary to the Virginia Land Conservation Foundation and shall be responsible for providing technical assistance and performing any administrative duties that the Foundation may direct. As such the director is responsible for developing for the Chairman of the board an executive summary and report of the interim activity and work of the board on or before December 15 of each even-numbered year. The document shall report on the status of the Foundation and its Fund including, but not limited to, implementation of its strategic plan; land conservation targeting tools developed for the Foundation; descriptions of projects that received funding; a description of the geographic distribution of land protected; expenditures from, interest earned by, and financial obligations of the Fund; and progress made toward recognized state and regional land conservation goals. Additionally, the department shall administer the Foundations lands as if such lands were departmental lands, and the regulations established by the director for the management and protection of departmental lands, held on behalf of the Commonwealth, shall apply to real estate held by the Foundation. The departments conservation officers commissioned under § 10.1-115 shall have jurisdiction on all of the Foundations lands and waters. Code of Virginia, Title 10.1, Chapter 10.2.
The department is responsible for administering the Wild Spanish Mustangs Fund, which has the purpose of protecting a herd of wild Spanish mustangs on the barrier islands of Virginia. Allocations may include, but are not limited to, the erection and maintenance of fences to restrict the entrance of wild horses into Virginia, the transporting of any wild horses that do reach Virginia back to North Carolina, and other measures to protect the horses and promote their retention in North Carolina. Code of Virginia, Title 10.1, Chapter 10.3, § 10.1-1027.
On July 1, 2004, in accordance with Items 379 and 382J of Chapter 4 (Appropriations Act) of the 2004 Virginia Acts of Assembly, Special Session I, that directed the merger of the Chesapeake Bay Local Assistance Department into DCR effective July 1, 2004, the Governor issued a memo to the director of the Department of Conservation and Recreation vesting him with the powers of the former executive director of the Chesapeake Bay Local Assistance Department. The director shall carry out management and supervisory responsibilities in accordance with the regulations and policies of the then Chesapeake Bay Local Assistance Board (NOTE: effective July 1, 2012 this board was eliminated and its powers transferred to the Virginia Soil and Water Conservation Board). The director shall be vested with all the authority of the board, including the authority of the board to institute or intervene in legal and administrative actions to ensure compliance by local governing bodies with this chapter, and with any criteria or regulations adopted hereunder, when it is not in session, subject to such regulations as may be prescribed by the board. In no event shall the director have the authority to promulgate any final regulations. Chapter 41 of the 2005 Virginia Acts of Assembly (SB1103) amended the Act effective July 1, 2005 to finalize the merger and to bring the administration of the Chesapeake Bay Preservation Act under the auspices of DCR and Chapters 785 (HB1065) and 819 (SB407) of the 2012 Virginia Acts of Assembly eliminated the Chesapeake Bay Local Assistance Board and transferred its responsibilities to the Virginia Soil and Water Conservation Board effective July 1, 2012. Code of Virginia, Title 10.1, Chapter 21.
The department, in conjunction with other state agencies, shall evaluate and report on the impacts of nonpoint source pollution on water quality and water quality improvement to the Governor and the General Assembly. The department in cooperation with localities may develop a cooperative program to address identified nonpoint source pollution impairment or degradation, including excess nutrients. The Department of Conservation and Recreation shall be the lead state agency for determining the appropriateness of any grant related to nonpoint source pollution to be made from the Water Quality Improvement Fund to restore, protect and improve the quality of state waters. A subfund of the Virginia Water Quality Improvement Fund known as the Virginia Natural Resources Commitment Fund is to be administered by the Department of Conservation and Recreation and shall be used solely for the Virginia Agricultural Best Management Practices Cost-Share Program administered by the department. Code of Virginia, Title 10.1, Chapter 21.1.
The governing bodies of localities, and state-supported institutions of higher learning having a police force, as well as sheriffs with law-enforcement authority within localities without a police force, and the director of the Department of Conservation and Recreation with commissioned conservation officers, or any combination thereof may, by proper resolutions, enter in and become a party to contracts or mutual aid agreements for the use of their joint police or other law-enforcement forces, both regular and auxiliary, their equipment and materials to maintain peace and good order. Any police or other law-enforcement officer, regular or auxiliary, while performing his duty under any such contract or agreement, shall have the same authority in such locality as he has within the locality where he was appointed. In counties where no police department has been established, the sheriff may, in his discretion, enter into mutual aid agreements as provided by this section. Code of Virginia, Title 15.2, Chapter 17, Article 3, § 15.2-1736.
The department is directed to cooperate with the Commonwealth Transportation board in the designation of scenic highways and byways. Code of Virginia, Title 33.1, Chapter 1, Article 5.
The director has the responsibility to designate a public recreational area as such and recommend to the Commonwealth Transportation Board that an access road or bikeway be provided to the area. Code of Virginia, Title 33.1, Chapter 1, Article 15.
Employees of the department may utilize limited over-the-road operation of golf carts and utility vehicles provided that the speed limit on the highway is no more than 35 miles per hour. Code of Virginia, Title 46.2, Chapter 8, Article 13.1.
In accordance with the criteria adopted by the Virginia Land Conservation Foundation, the director has the responsibility to verify the conservation value of any donation of land or an interest in land for which a tax credit in an amount of $1 million or more is claimed. The director is required to verify the conservation value of certain donations described under the Virginia Land Conservation Incentives Act of 1999 that are from the same parcel of land if the land preservation tax credit from the donation would be at least $250,000. The department additionally has the responsibility to compile an annual report on qualified donations of less-than-fee interests accepted by any public or private conservation agency in a respective calendar year and shall submit the report by December 1 of each year to the Chairmen of the House Committee on Appropriations, House Committee on Finance, and the Senate Committee on Finance. The report is required to be developed in consultation with the Virginia Department of Taxation, the Virginia Department of Forestry, and the Virginia Department of Agriculture and Consumer Services to provide an estimate of the number of acres of land currently being used for production agriculture and silviculture and the onsite operational best management practices located on those lands. A fee of two percent of the value of the donated interest shall be imposed upon any transfer arising from the sale by any taxpayer of credits under this article and upon the distribution of a portion of credits under this article to a member, manager, partner, shareholder or beneficiary with at least 50 percent of the total revenue generated by the fee on an annual basis transferred to the Virginia Land Conservation Fund for distribution by the department upon approval of the Foundation to the public or private conservation agencies or organizations, excluding federal governmental entities, that are responsible for enforcing the conservation and preservation purposes of the donated interests. Code of Virginia, Title 58.1, Chapter 3, Article 20.1.
The director of the department is responsible for prescribing uniform standards relating to real estate devoted to open-space use under Special Assessment for Land Preservation commonly known as the Land Use Assessment Law. Code of Virginia, Title 58.1, Chapter 32, Article 4.
The department is responsible for approving the nutrient management plans for confined animal feeding operations and with the Department of Environmental Quality may include in the confined animal feeding permit or nutrient management plan more frequent or additional monitoring of waste, soils or ground water as required to protect state waters. The department, in consultation with the Department of Environmental Quality and the Virginia Cooperative Extension Service, is required to develop or approve a training program for persons operating confined animal feeding operations covered by the General Permit. Additionally, by December 31, 2005, the Department of Conservation and Recreation, in consultation with the Department of Environmental Quality, shall complete a review of current developments in scientific research and technology that shall include a review of land application of poultry waste, soil nutrient retention capacity, and water quality degradation and adopt and implement regulatory or other changes, if any, to its nutrient management plan program that it concludes are appropriate as a result of this review. Upon the effective date of the Department of Conservation and Recreations revised regulatory criteria and standards governing phosphorous application rates, or on October 31, 2005, whichever is later, phosphorous application rates for all nutrient management plans developed pursuant to this section shall conform solely to such regulatory criteria and standards adopted by the Department of Conservation and Recreation to protect water quality or to reduce soil concentrations of phosphorous or phosphorous loadings. The application of poultry waste shall be managed to minimize runoff and leaching and reduce adverse water quality impacts from phosphorous. Code of Virginia, Title 62.1, Chapter 3.1, Article 3.
The department shall assist the Department of Environmental Quality in the adoption of regulations related to the land application of sewage sludge. The regulations shall include the requirements for site-specific nutrient management plans, developed by persons certified in accordance with the department, prior to land application for all sites where sewage sludge is land applied. The department must approve certain nutrient management plans prior to permit issuance. Code of Virginia, Title 62.1, Chapter 3.1, Article 4.
The Secretary of Natural Resources shall develop a plan for the cleanup of the Chesapeake Bay and Virginias waters designated as impaired by the U.S. Environmental Protection Agency. The plan shall be revised and amended as needed to reflect changes in strategies, timetables, and milestones. Upon the request of the Secretary of Natural Resources, state agencies shall participate in the development of the plan. Code of Virginia, Title 62.1, Chapter 3.7.
The director serves as a member of the Ohio River Valley Water Sanitation Commission. Code of Virginia, Title 62.1, Chapter 6.
BOARD OF CONSERVATION AND RECREATION
The Board of Conservation and Recreation provides recommendations to the director on grants and loans pertaining to outdoor recreation, on the designation of recreational and historic sites eligible for recreational access road funds, on master plans and substantial acquisition or improvement amendments to master plans, and on designations for scenic highways and Virginia Byways. The board is authorized to conduct fund-raising activities as deemed appropriate and will deposit such revenue into the State Parks Projects Fund. The board shall advise the Governor and the director concerning the protection or management of the Virginia Scenic Rivers System as defined in § 10.1-400.C ode of Virginia, Title 10.1, Chapter 1, Article 2.
The board may provide advice to the director on expenditures from the State Park Projects Fund. Code of Virginia, Title 10.1, Chapter 2, Article 1.
The board shall have the authority to promulgate regulations necessary for the execution of the Public Beach Conservation and Development Act. Code of Virginia, Title 10.1, Chapter 7, Article 2.
The board is authorized to encourage and promote nonpoint source pollution control and prevention, and to provide technical assistance on aspects of water quality restoration, protection, and improvement. Code of Virginia, Title 10.1, Chapter 22.1, Article 3.
VIRGINIA SOIL AND WATER CONSERVATION BOARD
The Virginia Soil and Water Conservation Board shall, in consultation with the Department of Agriculture and Consumer Services and the Department of Environmental Quality, adopt regulations that specify the criteria to be included in a resource management plan. The regulations shall: be technically achievable and take into consideration the economic impact to the agricultural landowner or operator; address a variety of specified procedural elements; provide for a process by which an on-farm assessment of all reportable best management practices currently in place shall be conducted to determine their adequacy in achieving needed on-farm nutrient, sediment, and bacteria reductions; include agricultural best management practices sufficient to implement the Virginia Chesapeake Bay TMDL Watershed Implementation Plan and other local total maximum daily load water quality requirements of the Commonwealth; and specify that the required components of each resource management plan shall be based upon an individual on-farm assessment. Such components shall comply with on-farm water quality objectives, including specified best management practices and any other best management practices approved by the board or identified in the Chesapeake Bay Watershed Model or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan. Code of Virginia, Title 10.1, Chapter 1.
The board is authorized to approve the creation, boundary modification, and discontinuance of soil and water conservation districts; to approve applications for federal aid for soil and water conservation programs; and to make loans from state funds to local authorities for such programs; and the board may give or lend loans from state funds to local authorities for such programs; and the board may give or lend financial aid and other assistance to soil and water conservation districts. The board is authorized to promulgate regulations to carry out these functions. The director provides department staff necessary for the execution of the functions of the board. Code of Virginia, Title 10.1, Chapter 5, Articles 2 and 3.
The board is authorized to promulgate regulations for the effective control of soil erosion, sediment deposition and nonagricultural runoff which must be met in local soil erosion and sediment control programs to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. The board approves programs adopted by the soil and water conservation districts, by local governing bodies, or by other authorized entities. The board is instructed to periodically conduct comprehensive reviews of Virginia erosion and sediment control programs to ensure that they meet minimum standards of effectiveness in controlling soil erosion, sediment deposition, and nonagricultural runoff. The board is required to issue certificates of competence concerning the content, application and intent of specified subject areas of the Erosion and Sediment Control Law and accompanying regulations to persons who have completed training courses or in other ways demonstrated adequate knowledge of such laws and regulations. To address water quality violations, the board may issue stop work orders according to the process outlined in the article. Those Virginia erosion and sediment control program authorities that have not initiated or implemented an approved corrective action agreement are subject to a civil penalty not to exceed $5,000 per day with the maximum amount not to exceed $20,000 per violation. Additionally, each Virginia erosion and sediment control program authority is required to report to the department, in a method and on a time schedule established by the department, a listing of each land-disturbing activity for which an Erosion and Sediment Control plan has been approved by them. Any person engaging in the creation and operation of a wetland mitigation or stream restoration bank or banks in multiple jurisdictions, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of mitigation or stream restoration banks, pursuant to a permit issued by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control standards and specifications for wetland mitigation or stream restoration banks annually with the board for review and approval consistent with guidelines established by the board. For all annual general erosion and sediment control plans that are filed with the board by any electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, water, sewer, sewage disposal, stormwater control, refuse collection and disposal authorities, or specified wetland mitigation or stream restoration bank, the board may charge fees equal to the lower of (i) $1,000 or (ii) an amount sufficient to cover the costs associated with standard and specification review and approval, project inspections, and compliance. Code of Virginia, Title 10.1, Chapter 5, Article 4.
The board is authorized to permit, regulate, and control stormwater runoff in the Commonwealth. In accordance with the Virginia Stormwater Management Act, the board may issue, deny, revoke, terminate, or amend state stormwater individual permits or coverage issued under state general permits; adopt regulations; approve and periodically review Virginia stormwater management programs and management programs developed in conjunction with a state municipal separate storm sewer permit; enforce the provisions of this Act; and otherwise act to ensure the general health, safety and welfare of the citizens of the Commonwealth as well as protect the quality and quantity of state waters from the potential harm of unmanaged stormwater. The board may also delegate to the department any of the powers and duties vested in it by the Act except the adoption and promulgation of regulations. Delegation shall not remove from the board authority to enforce the provisions of this Act. Local program criteria and the delegation procedures and the water quality and water quantity criteria shall be adopted within 280 days after the establishment of the U.S. Environmental Protection Agencys Chesapeake Bay-wide Total Maximum Daily Load, but no later than December 1, 2011. If a locality finds it necessary to adopt more stringent stormwater ordinances, then the board must be notified. The board is authorized to allow the undertaking of supplemental environmental projects as partial settlement of a civil enforcement action that is not otherwise required by law. Code of Virginia, Title 10.1, Chapter 6, Article 1.1.
The board is authorized to adopt regulations governing the certification of specified nutrient credit types. It also permits the Department of Conservation and Recreation to establish an online registry of certified credits that may be utilized as part of an expanded Nutrient Credit Exchange Program. Code of Virginia, Title 10.1, Chapter 6, Article 1.1:1.
The director, upon approval from the Virginia Soil and Water Conservation Board, shall direct the distribution of loans from the Dam Safety, Flood Prevention and Protection Assistance Fund to local governments and private entities and the distribution of grants to local governments and private entities. Code of Virginia, Title 10.1, Chapter 6, Article 1.2.
The board may approve plans for capture and storage of floodwaters by riparian landowners. The board shall promulgate regulations to ensure that impounding structures in the Commonwealth are properly and safely constructed, maintained and operated. The board may delegate to the director or his designee any of the powers and duties vested in the board by the Dam Safety Act, except the adoption and promulgation of regulations. Delegation shall not remove from the board authority to enforce the provisions of the Dam Safety Act. At each meeting of the board, the director shall identify those impounding structures that are currently classified as high hazard and determined noncompliant with the spillway requirements of the board's Impounding Structure Regulations. The board shall consult with the Department of Emergency Management in its planning for impoundment safety and shall provide technical assistance in the preparation, updating, and execution of dam safety emergency action plans. The board and its agents and employees are authorized to enter any property at reasonable times and under reasonable circumstances to perform such inspections and tests or to take such other actions it deems necessary to fulfill its responsibilities, including the inspection of dams, provided that the board or its agents or employees make a reasonable effort to obtain the consent of the owner of the land prior to entry. If entry is denied, the board or its designated agents or employees are authorized to apply to any magistrate whose territorial jurisdiction encompasses the property to be inspected or entered for a warrant authorizing such investigation, tests or other actions. Such warrant shall issue if the magistrate finds probable cause to believe that there is a dam on such property which is not known to be safe. Upon petition for a hearing on a directors administrative order by a dam owner, the board has the authority to affirm, modify, amend, or cancel the directors administrative orders. The board may bring suit in the name of the Commonwealth in any court of competent jurisdiction to enjoin the unlawful construction, modification, operation, or maintenance of any dam regulated under the Virginia Dam Safety Act. When setting civil penalty amounts, the board shall consider (i) the nature, duration, and number of previous instances of failure by the owner to comply with requirements of law relating to dam safety and the requirements of board regulations and orders; (ii) the efforts of the owner to correct deficiencies or other instances of failure to comply with the requirements of law relating to dam safety and the requirements of board regulations and orders that are the subject of the proposed penalty; (iii) the cost of carrying out actions required to meet the requirements of law and board regulations and orders; (iv) the hazard classification of the dam; and (v) other factors deemed appropriate by the board. The board is authorized to establish and collect application fees from any dam safety certificate applicant to be deposited into the Dam Safety Administrative Fund for the administration of the dam safety program, including actions taken in accordance with §§ 10.1-608, 10.1-609, and 10.1-613.T he board is authorized to promulgate regulations for the proper administration of the Soil and Water Conservation District Dam Maintenance and Small Repair Fund. The board is required to establish an incremental damage analysis procedure that provides for a new standard for the spillway design requirement. The board must consider the impact on downstream limited-use or private roadways with low traffic volume and low public safety risk in the determination of the hazard potential classification of an impounding structure. The board must also consider a plan to correct deficiencies in the dam submitted by the dam owner in response to a board issued report containing corrective recommendations. The board is not permitted to require any dam in existence or under construction prior to July 1, 2010, that is classified as a high hazard, or is subsequently reclassified as a high hazard dam, to upgrade its spillway to pass a rainfall event that is greater than the maximum rainfall event recorded in Virginia. The board must find the dam in compliance with the spillway requirement of the regulations if the dam passes two-thirds of the maximum rainfall event and the dam's owner annually certifies that the dam meets certain specific conditions. The board shall develop a general permit for the regulation of low hazard potential impounding structures. Code of Virginia, Title 10.1, Chapter 6, Article 2.
The board is authorized to prescribe regulations for the conduct of referenda regarding watershed improvement districts. Code of Virginia, Title 10.1, Chapter 6, Article 3.
The board is authorized to establish regulations for the proper administration of the Conservation, Small Watersheds Flood Control and Area Development Fund. Code of Virginia, Title 10.1, Chapter 6, Article 4.
Chapter 608 of the 1988 Acts of Assembly enacted the Chesapeake Bay Preservation Act. Code of Virginia, Title 10.1, Chapter 21. The Act created the Chesapeake Bay Local Assistance Board, responsible to the Governor, to carry out the purposes and provisions of the Chesapeake Bay Preservation Act. The board is required to promulgate regulations that establish criteria for use by local governments to determine the ecological and geographic extent of Chesapeake Bay Preservation Areas. The board must also promulgate regulations that establish criteria for use by local governments in granting, denying, or modifying requests to rezone, subdivide, or to use and develop land in these areas. Local governments are required to use the criteria promulgated by the board to ensure that the use and development of land in Chesapeake Bay Preservation Areas is accomplished in a manner that protects the quality of state waters. The oversight for this board was transferred to the Department of Conservation and Recreation, effective on July 1, 2004, pursuant to Items 379 and 382J of Chapter 4 (Appropriations Act) of the 2004 Virginia Acts of Assembly, Special Session I. Chapter 41 of the 2005 Virginia Acts of Assembly (SB1103) amended the Act effective July 1, 2005 to finalize the merger and to bring the administration of the Chesapeake Bay Preservation Act under the auspices of DCR. Chapters 785 (HB1065) and 819 (SB407) of the 2012 Virginia Acts of Assembly that integrated elements of the Erosion and Sediment Control Act, the Stormwater Management Act, and the Chesapeake Bay Preservation Act so that these regulatory programs can be implemented in a consolidated and consistent manner, resulting in greater efficiencies (one-stop shopping) for those being regulated, also eliminated the Chesapeake Bay Local Assistance Board and placed its responsibilities with the Virginia Soil and Water Conservation Board.
Under the Agricultural Stewardship Act, the board shall review appeals by persons aggrieved by decisions of the Commissioner of Agriculture and Consumer Services regarding agricultural water pollution complaints. Code of Virginia, Title 3.2, Chapter 4.
The Virginia Soil and Water Conservation Board and the department have issued guidelines for realignment of district boundaries and instructions, policy statements, and forms for administration of the loan and grant programs.
CHESAPEAKE BAY LOCAL ASSISTANCE BOARD (REPEALED 2012)
NOTE: Chapter 608 of the 1988 Acts of Assembly enacted the Chesapeake Bay Preservation Act. Code of Virginia, Title 10.1, Chapter 21. The Act created the Chesapeake Bay Local Assistance Board, responsible to the Governor, to carry out the purposes and provisions of the Chesapeake Bay Preservation Act. The board is required to promulgate regulations that establish criteria for use by local governments to determine the ecological and geographic extent of Chesapeake Bay Preservation Areas. The board must also promulgate regulations that establish criteria for use by local governments in granting, denying, or modifying requests to rezone, subdivide, or to use and develop land in these areas. Local governments are required to use the criteria promulgated by the board to ensure that the use and development of land in Chesapeake Bay Preservation Areas is accomplished in a manner that protects the quality of state waters. The oversight for this board was transferred to the Department of Conservation and Recreation, effective on July 1, 2004, pursuant to Items 379 and 382J of Chapter 4 (Appropriations Act) of the 2004 Virginia Acts of Assembly, Special Session I. Chapter 41 of the 2005 Virginia Acts of Assembly (SB1103) amended the Act effective July 1, 2005 to finalize the merger and to bring the administration of the Chesapeake Bay Preservation Act under the auspices of DCR. Chapters 785 (HB1065) and 819 (SB407) of the 2012 Virginia Acts of Assembly that integrated elements of the Erosion and Sediment Control Act, the Stormwater Management Act, and the Chesapeake Bay Preservation Act so that these regulatory programs can be implemented in a consolidated and consistent manner, resulting in greater efficiencies (one-stop shopping) for those being regulated, also eliminated the Chesapeake Bay Local Assistance Board and transferred its responsibilities to the Virginia Soil and Water Conservation Board.
The Department of Conservation and Recreation is empowered to prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred by law, pursuant to the Administrative Process Act. The department is charged with the responsibility for the Commonwealths nonpoint source pollution management program developed pursuant to certain state and federal laws including § 319 of the federal Clean Water Act ( 33 USC § 1251 et seq.) and § 6217 of the federal Coastal Zone Management Act ( 16 USC § 1451 et seq.). The department is authorized to establish the Office of Environmental Education to provide increased opportunities for public education programs on environmental issues. The department is also responsible for operation of a voluntary nutrient management training and certification program and for the promulgation of program regulations, with the approval of the Virginia Soil and Water Conservation Board, including the criteria for the development of nutrient management plans for various agricultural and urban agronomic practices. The department is also directed, when funds are available for the development of the necessary software, to develop a flexible, tiered, Voluntary Nutrient Management Plan Program to assist owners and operators of agricultural land and turf in preparing nutrient management plans for their own property that meet the nutrient management specifications developed by the department and in achieving economic benefits as a result of effective nutrient management. The department is required to adopt regulations by July 1, 2014 that amend the application rates in the Virginia Nutrient Management Standards and Criteria by incorporating into such regulations the recommended application rates for nitrogen in lawn fertilizer and lawn maintenance fertilizer and the recommended application rates for "slow or controlled release fertilizer" and "enhanced efficiency lawn fertilizer," as such terms are defined and adopted or proposed for adoption by the American Association of Plant Food Control Officials, as described in the Virginia Department of Agriculture and Consumer Services' December 2011 "Report on the Use of Slowly Available Nitrogen in Lawn Fertilizer and Lawn Maintenance Fertilizer." The department is required to develop written procedures for the development, submission, and the implementation of a nutrient management plan or planning standards and specifications that shall be provided to all state agencies, state colleges and universities, and other state governmental entities that own land upon which nutrients are applied. The department is also authorized to provide technical assistance and training for state entities on the development and implementation of a nutrient management plan and to conduct periodic reviews. The department is authorized to recognize farms that utilize practices designed to protect water quality and soil resources by administering the Clean Water Farm Award Program. Persons that own land operated as a golf course and upon which specified nutrients are applied, must implement nutrient management plans by July 1, 2017. The plans must be submitted to the department for review and approval. The department must provide technical assistance and training for golf course operators on the development and implementation of nutrient management plans. The department is also responsible for establishing a cost-share program to assist in implementation of the nutrient management plans. The department is authorized to allow the undertaking of supplemental environmental projects as partial settlement of a civil enforcement action that is not otherwise required by law. Landowners or operators who implement and maintain a resource management plan shall be eligible for matching grants for agricultural best management practices provided through the Virginia Agricultural Best Management Practices Cost-Share Program administered by the department in accordance with program eligibility rules and requirements. Code of Virginia, Title 10.1, Chapter 1.
The director may convey, lease, or demise departmental lands, lease state-owned housing under the control of the department to state employees, grant easements to governmental agencies and public service corporations for renewable periods of not more than 10 years, sell trees, and authorize the removal of minerals from such lands under conditions prescribed by law. With the approval of the Governor, the director is authorized to enter into leases and contracts with an initial term of up to 30 years for the operation and development of revenue-producing capital improvement projects in Virginia state parks. The director of the department is responsible for managing historic sites and commemorative facilities. The director of the department is authorized to establish a state directory of cultural heritage facilities and sites that would be composed of commemorative and historic facilities and sites that interpret significant aspects of national, state or regional history. The sites included in the directory would be those owned or operated by entities other than state agencies. The director is responsible for evaluating whether the facility or site qualifies for inclusion in the directory and presenting his findings to the Board of Conservation and Recreation, which makes its recommendations. The recommendations are sent to the Governor for his written approval. Code of Virginia, Title 10.1, Chapter 1, Article 3.
The director may request the Governor to commission individuals designated by the director to act as conservation officers of the Commonwealth. Commissioned conservation officers shall be law-enforcement officers and shall have power to enforce the laws of the Commonwealth and the regulations of the department and the collegial bodies under administrative support of the department. If requested by the chief law-enforcement officer of the locality, conservation officers shall coordinate the investigation of felonies with the local law-enforcement agency. The departments conservation officers shall also have the power to arrest without warrant in certain cases as authorized pursuant to § 19.2-81.C onservation officers shall have jurisdiction throughout the Commonwealth on all department lands and waters and upon lands and waters under the management or control of the department; on property of the United States government or a department or agency thereof on which the Commonwealth has concurrent jurisdiction and is contiguous with land of the department or on which the department has a management interest; on a property of another state agency or department whose property is contiguous with land of the department; and in those local jurisdictions in which mutual aid agreements have been established pursuant to § 15.2-1736.T he director may designate certain conservation officers, appointed pursuant to § 10.1-115, to be special conservation officers. Special conservation officers shall have the same authority and power as sheriffs throughout the Commonwealth to enforce the laws of the Commonwealth. Upon separation from the department, incapacity, death, or other good cause, the director may recommend in writing the decommissioning of any conservation officer to the Governor. Code of Virginia, Title 10.1, Chapter 1, Article 4.
The department is responsible for acquiring, developing, improving, managing, licensing, and regulating the use of state parks and for undertaking a master planning process for all existing state parks, following the substantial acquisition of land for a new state park, and prior to undertaking substantial improvements to state parks. The department is authorized to acquire properties or interests therein of scenic beauty, recreational utility, historical interest, biological significance or any other unusual features that should be acquired, preserved and maintained for the use, observation, education, health and pleasure of the people of Virginia. Further, the department is authorized to permit and otherwise regulate activities on those portions of the Appalachian Trail under its control. The department is instructed to establish a Golden Passport card that authorizes persons receiving social security disability payments to enter Virginias state parks without having to pay an admittance or parking fee. The department is instructed to establish a Disabled Veterans Passport that entitles the bearer to enter Virginias state parks without having to pay an admittance or parking fee, and to receive a 50 percent discount on camping and swimming fees, picnic shelter rentals, and other department-provided equipment rentals. The department also is charged to establish, maintain, protect and regulate a statewide system of trails. Code of Virginia, Title 10.1, Chapter 2, Article 1.
The department is authorized to establish and maintain a comprehensive plan for the development of public outdoor recreational facilities; to establish standards for such facilities; to disburse funds to local, regional, and other state agencies for acquiring and developing such facilities; and to make regulations to carry out the statute. It may develop recreational programs and assist state institutions, agencies, and political subdivisions in developing such programs. The department is authorized to acquire property or interests therein to maintain the character of the land as open-space land. Such land is to be made available for agricultural and timbering uses that are compatible in maintaining the open-space nature of the property. Code of Virginia, Title 10.1, Chapter 2, Article 2.
The department is authorized to establish criteria for the selection, registration and dedication of natural areas and natural area preserves; grant permits to qualified persons for the conduct of scientific research and investigations within natural area preserves; provide recommendations to the Department of Agriculture and Consumer Services and to the Department of Game and Inland Fisheries concerning their regulatory activities related to endangered species; produce an inventory of the Commonwealths natural heritage resources; maintain a natural heritage data bank; develop a natural heritage plan to establish priorities for the protection, acquisition and management of registered and dedicated natural areas and natural area preserves; and maintain a state registry of voluntarily protected natural areas to be called the Virginia Registry of Natural Areas. General fund appropriations, gifts, bequests, devises, fees, lease proceeds, and funds accruing from, or attributable to, the use or management of state natural area preserves acquired or held by the department are to be deposited to the Natural Area Preservation Fund. Code of Virginia, Title 10.1, Chapter 2, Article 3.
The director is authorized, subject to the provisions of the chapter, to issue revenue bonds of the Commonwealth to pay the cost of acquiring, constructing, enlarging, improving, and maintaining camping and recreational facilities in any of the state parks and to establish and collect fees and charges for the use of such facilities. Code of Virginia, Title 10.1, Chapter 3.
The department has the duty of studying rivers or sections of rivers, reporting upon and recommending to the Governor and the General Assembly those to be considered for designation as scenic rivers. The director may appoint Scenic River Advisory Committees or other local or regional committees to consider and manage scenic river interests and issues. Code of Virginia, Title 10.1, Chapters 4 and 4.1.
The department shall develop a schedule for conducting periodic reviews and evaluations of the effectiveness of Virginia Erosion and Sediment Control Programs (VESCPs) unless otherwise directed by the board. Such reviews where applicable shall be coordinated with those being implemented in accordance with the Stormwater Management Act (§ 10.1-603.2 et seq.) and associated regulations and the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.) and associated regulations. The Department may also conduct a comprehensive or partial program compliance review and evaluation of a VESCP at a greater frequency than the standard schedule. The department administers education and training certification programs related to the states erosion and sediment control program. Such education and training programs shall also contain expanded components to address plan review and project inspection elements of the Virginia Stormwater Management Act and attendant regulations in accordance with § 10.1-603.4:2.I n order to administer the VESCP, the department is authorized to carry out those powers and duties delegated to it by the Virginia Soil and Water Conservation Board except the adoption and promulgation of regulations. Code of Virginia, Title 10.1, Chapter 5, Article 4.
The department is required to establish guidelines which will meet the minimum requirements of the National Flood Insurance Program under the National Flood Insurance Act of 1968 ( 42 USC § 4001 et seq.). Code of Virginia, Title 10.1, Chapter 6, Article 1.
Pursuant to the Virginia Stormwater Management Act, and based on the U.S. Environmental Protection Agencys authorization for delegation of program authority to the Virginia Soil and Water Conservation Board, effective January 29, 2005, the department was authorized to carry out those powers and duties delegated to it by the Virginia Soil and Water Conservation Board except the adoption and promulgation of regulations. The Department of Conservation and Recreation and the Virginia Soil and Water Conservation Board shall administer the issuance of national pollutant discharge elimination system permits for the control of stormwater discharges from municipal separate storm sewer systems (MS4) and construction activities from the U.S. Environmental Protection Agency under the federal Clean Water Act. Powers further delegated to the department from the board may include the authority to issue, deny, revoke, terminate, amend and enforce state stormwater individual permits and coverage issued under state general permits for the control of stormwater discharges from MS4s and land disturbing activities; approve and periodically review Virginia stormwater management programs (VSMPs) and management programs developed in conjunction with a municipal separate storm sewer permit; enforce the provisions of the Act; and otherwise act to ensure the general health, safety and welfare of the citizens of the Commonwealth as well as protect the quality and quantity of state waters from the potential harm of unmanaged stormwater. In support of VSMP authorities, the department shall provide assistance grants to localities not currently operating a local stormwater management program to help the localities to establish their VSMP, provide technical assistance and training, and provide qualified services in specified geographic areas to a VSMP to assist localities in the administration of components of their programs. The department shall actively assist localities in the establishment of their programs and in the selection of a contractor or other entity that may provide support to the locality or regional support to several localities. The department shall develop a model ordinance for establishing a VSMP consistent with the Act and its associated regulations, including the Virginia Stormwater Management Program (VSMP) General Permit for Discharges of Stormwater from Construction Activities. State entities, including the Department and the Department of Transportation, and for specified linear projects, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, and railroad companies shall, and federal entities and authorities created pursuant to § 15.2-5102 may, annually submit a single set of standards and specifications for department approval that describes how land-disturbing activities shall be conducted. The department shall assess an administrative charge to cover the costs of services rendered associated with its responsibilities pursuant to the development of such standards and specifications. The department shall perform random site inspections or inspections in response to a complaint to assure compliance with this Act, the Erosion and Sediment Control Law, and regulations adopted thereunder. The department may take enforcement actions in accordance with this chapter and related regulations. The department shall provide technical assistance, training, research, and coordination in stormwater management technology to VSMP authorities consistent with the purposes of this Act. The department is authorized to review the stormwater management plan for any project with real or potential interjurisdictional impacts upon the request of one or all of the involved localities to determine that the plan is consistent with the provisions of this article. The department may charge a fee of the requesting locality to cover its costs for providing such services. The Department shall develop and implement a review and evaluation schedule so that the effectiveness of each VSMP authority, Municipal Separate Storm Sewer System Management Program, and other MS4 permit requirements is evaluated no less than every five years. The review shall include an assessment of the extent to which the program has reduced nonpoint source pollution and mitigated the detrimental effects of localized flooding. Such reviews shall be coordinated with those being implemented in accordance with the Erosion and Sediment Control Law (§ 10.1-560 et seq.) and associated regulations and, where applicable, the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.) and associated regulations. Following completion of a compliance review of a VSMP, the department shall provide results and compliance recommendations to the board in the form of a corrective action agreement if deficiencies are found; otherwise, the board may find the program compliant. If the Board revokes its approval of a VSMP, the board shall find the VSMP authority provisional, and shall have the department assist with the administration of the program until the VSMP authority is deemed compliant with the requirements of this article and associated regulations. Assisting with administration includes the ability to review and comment on plans to the VSMP authority, to conduct inspections with the VSMP authority, and to conduct enforcement in accordance with this article and associated regulations. Code of Virginia, Title 10.1, Chapter 6, Article 1.1.
The director upon approval from the Virginia Soil and Water Conservation Board, may make grants or loans from the Dam Safety, Flood Prevention and Protection Assistance Fund to local governments and private entities for the purpose of providing matching funds for flood prevention or protection. The director, upon approval from the Virginia Soil and Water Conservation Board, may also make grants and loans to local governments owning dams and to make loans to private entities for the design, repair and the safety modifications of dams identified in safety reports and to make grants to localities and private entities for the determination of the hazard classification for impounding structures, dam break analysis, the mapping and digitization of dam break inundation zones, incremental damage analysis, and other engineering requirements such as emergency action plan development. Funding to assist in the development of these maps is contingent upon the contribution of a 50 percent match. The highest priority for awarding funds shall be placed on assisting with the mapping of the highest class of dams. The director shall, after consultation with all interested parties, develop a guidance document governing project eligibility and project priority criteria. The director may, in order to reduce dam owner expenses associated with hazard classification, dam break analysis, the mapping and digitization of dam break inundation zones, incremental damage analysis, and other engineering requirements such as emergency action plan development, expend moneys from the Fund to employ staff or to directly contract for these services. The director may establish a fee to be paid by the dam owner to offset a portion of these services. Such fee shall not exceed 50 percent of the cost incurred by the department. The Virginia Resources Authority shall administer and manage the Fund, and establish the interest rates and the repayment terms of such loans as provided in this article, in accordance with a memorandum of agreement with the director. Code of Virginia, Title 10.2, Chapter 6, Articles 1.2 and 2.
The owner of an impounding structure that does not currently hold a regular or conditional certificate from the Virginia Soil and Water Conservation Board, or the owner of an impounding structure that is already under certificate but the owner believes that a condition has changed downstream of the impounding structure that may reduce its hazard potential classification, may request that the department conduct a simplified dam break inundation zone analysis to determine whether the impounding structure has a low hazard potential classification. The owner shall pay 50 percent of the cost of the analysis. If the department finds that the impounding structure has a low hazard potential classification, the owner shall be eligible for general permit coverage. During the maintenance, construction, or alteration of any dam or reservoir, the department shall make periodic inspections for the purpose of securing conformity with the approved plans and specifications. The department shall require the owner to perform at his expense such work or tests as necessary to obtain information sufficient to enable the department to determine whether conformity with the approved plans and specifications is being secured. If, after any inspections, investigations, or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval, it is found by the director that project modifications or changes are necessary to ensure conformity with the approved plans and specifications, the director may issue an administrative order to the owner to comply with the plans and specifications. The director may issue a temporary stop work order on a construction or alteration project if he finds that an owner is constructing or altering a dam without having first obtained the necessary certificate of approval, or if the activities are not in accordance with approved plan and specifications. Code of Virginia, Title 10.1, Chapter 6, Article 2.
The department is responsible for coordinating a comprehensive flood control program for the Commonwealth. Code of Virginia, Title 10.1, Chapter 6, Article 6.
The department may issue a permit to excavate or remove any archaeological, paleontological, prehistoric or historic feature of any cave, or to carry out other scientific investigations or collections. The Virginia Cave Board is responsible for protecting rare, unique, and irreplaceable minerals and archaeological resources found in caves; rare and endangered animal or other life forms found in caves; ground water flow in caves; and the integrity of caves that have unique characteristics or are exemplary natural community types. Code of Virginia, Title 10.1, Chapter 10.
The director shall serve as executive secretary to the Virginia Land Conservation Foundation and shall be responsible for providing technical assistance and performing any administrative duties that the Foundation may direct. As such the director is responsible for developing for the Chairman of the board an executive summary and report of the interim activity and work of the board on or before December 15 of each even-numbered year. The document shall report on the status of the Foundation and its Fund including, but not limited to, implementation of its strategic plan; land conservation targeting tools developed for the Foundation; descriptions of projects that received funding; a description of the geographic distribution of land protected; expenditures from, interest earned by, and financial obligations of the Fund; and progress made toward recognized state and regional land conservation goals. Additionally, the department shall administer the Foundations lands as if such lands were departmental lands, and the regulations established by the director for the management and protection of departmental lands, held on behalf of the Commonwealth, shall apply to real estate held by the Foundation. The departments conservation officers commissioned under § 10.1-115 shall have jurisdiction on all of the Foundations lands and waters. Code of Virginia, Title 10.1, Chapter 10.2.
The department is responsible for administering the Wild Spanish Mustangs Fund, which has the purpose of protecting a herd of wild Spanish mustangs on the barrier islands of Virginia. Allocations may include, but are not limited to, the erection and maintenance of fences to restrict the entrance of wild horses into Virginia, the transporting of any wild horses that do reach Virginia back to North Carolina, and other measures to protect the horses and promote their retention in North Carolina. Code of Virginia, Title 10.1, Chapter 10.3, § 10.1-1027.
On July 1, 2004, in accordance with Items 379 and 382J of Chapter 4 (Appropriations Act) of the 2004 Virginia Acts of Assembly, Special Session I, that directed the merger of the Chesapeake Bay Local Assistance Department into DCR effective July 1, 2004, the Governor issued a memo to the director of the Department of Conservation and Recreation vesting him with the powers of the former executive director of the Chesapeake Bay Local Assistance Department. The director shall carry out management and supervisory responsibilities in accordance with the regulations and policies of the then Chesapeake Bay Local Assistance Board (NOTE: effective July 1, 2012 this board was eliminated and its powers transferred to the Virginia Soil and Water Conservation Board). The director shall be vested with all the authority of the board, including the authority of the board to institute or intervene in legal and administrative actions to ensure compliance by local governing bodies with this chapter, and with any criteria or regulations adopted hereunder, when it is not in session, subject to such regulations as may be prescribed by the board. In no event shall the director have the authority to promulgate any final regulations. Chapter 41 of the 2005 Virginia Acts of Assembly (SB1103) amended the Act effective July 1, 2005 to finalize the merger and to bring the administration of the Chesapeake Bay Preservation Act under the auspices of DCR and Chapters 785 (HB1065) and 819 (SB407) of the 2012 Virginia Acts of Assembly eliminated the Chesapeake Bay Local Assistance Board and transferred its responsibilities to the Virginia Soil and Water Conservation Board effective July 1, 2012. Code of Virginia, Title 10.1, Chapter 21.
The department, in conjunction with other state agencies, shall evaluate and report on the impacts of nonpoint source pollution on water quality and water quality improvement to the Governor and the General Assembly. The department in cooperation with localities may develop a cooperative program to address identified nonpoint source pollution impairment or degradation, including excess nutrients. The Department of Conservation and Recreation shall be the lead state agency for determining the appropriateness of any grant related to nonpoint source pollution to be made from the Water Quality Improvement Fund to restore, protect and improve the quality of state waters. A subfund of the Virginia Water Quality Improvement Fund known as the Virginia Natural Resources Commitment Fund is to be administered by the Department of Conservation and Recreation and shall be used solely for the Virginia Agricultural Best Management Practices Cost-Share Program administered by the department. Code of Virginia, Title 10.1, Chapter 21.1.
The governing bodies of localities, and state-supported institutions of higher learning having a police force, as well as sheriffs with law-enforcement authority within localities without a police force, and the director of the Department of Conservation and Recreation with commissioned conservation officers, or any combination thereof may, by proper resolutions, enter in and become a party to contracts or mutual aid agreements for the use of their joint police or other law-enforcement forces, both regular and auxiliary, their equipment and materials to maintain peace and good order. Any police or other law-enforcement officer, regular or auxiliary, while performing his duty under any such contract or agreement, shall have the same authority in such locality as he has within the locality where he was appointed. In counties where no police department has been established, the sheriff may, in his discretion, enter into mutual aid agreements as provided by this section. Code of Virginia, Title 15.2, Chapter 17, Article 3, § 15.2-1736.
The department is directed to cooperate with the Commonwealth Transportation board in the designation of scenic highways and byways. Code of Virginia, Title 33.1, Chapter 1, Article 5.
The director has the responsibility to designate a public recreational area as such and recommend to the Commonwealth Transportation Board that an access road or bikeway be provided to the area. Code of Virginia, Title 33.1, Chapter 1, Article 15.
Employees of the department may utilize limited over-the-road operation of golf carts and utility vehicles provided that the speed limit on the highway is no more than 35 miles per hour. Code of Virginia, Title 46.2, Chapter 8, Article 13.1.
In accordance with the criteria adopted by the Virginia Land Conservation Foundation, the director has the responsibility to verify the conservation value of any donation of land or an interest in land for which a tax credit in an amount of $1 million or more is claimed. The director is required to verify the conservation value of certain donations described under the Virginia Land Conservation Incentives Act of 1999 that are from the same parcel of land if the land preservation tax credit from the donation would be at least $250,000. The department additionally has the responsibility to compile an annual report on qualified donations of less-than-fee interests accepted by any public or private conservation agency in a respective calendar year and shall submit the report by December 1 of each year to the Chairmen of the House Committee on Appropriations, House Committee on Finance, and the Senate Committee on Finance. The report is required to be developed in consultation with the Virginia Department of Taxation, the Virginia Department of Forestry, and the Virginia Department of Agriculture and Consumer Services to provide an estimate of the number of acres of land currently being used for production agriculture and silviculture and the onsite operational best management practices located on those lands. A fee of two percent of the value of the donated interest shall be imposed upon any transfer arising from the sale by any taxpayer of credits under this article and upon the distribution of a portion of credits under this article to a member, manager, partner, shareholder or beneficiary with at least 50 percent of the total revenue generated by the fee on an annual basis transferred to the Virginia Land Conservation Fund for distribution by the department upon approval of the Foundation to the public or private conservation agencies or organizations, excluding federal governmental entities, that are responsible for enforcing the conservation and preservation purposes of the donated interests. Code of Virginia, Title 58.1, Chapter 3, Article 20.1.
The director of the department is responsible for prescribing uniform standards relating to real estate devoted to open-space use under Special Assessment for Land Preservation commonly known as the Land Use Assessment Law. Code of Virginia, Title 58.1, Chapter 32, Article 4.
The department is responsible for approving the nutrient management plans for confined animal feeding operations and with the Department of Environmental Quality may include in the confined animal feeding permit or nutrient management plan more frequent or additional monitoring of waste, soils or ground water as required to protect state waters. The department, in consultation with the Department of Environmental Quality and the Virginia Cooperative Extension Service, is required to develop or approve a training program for persons operating confined animal feeding operations covered by the General Permit. Additionally, by December 31, 2005, the Department of Conservation and Recreation, in consultation with the Department of Environmental Quality, shall complete a review of current developments in scientific research and technology that shall include a review of land application of poultry waste, soil nutrient retention capacity, and water quality degradation and adopt and implement regulatory or other changes, if any, to its nutrient management plan program that it concludes are appropriate as a result of this review. Upon the effective date of the Department of Conservation and Recreations revised regulatory criteria and standards governing phosphorous application rates, or on October 31, 2005, whichever is later, phosphorous application rates for all nutrient management plans developed pursuant to this section shall conform solely to such regulatory criteria and standards adopted by the Department of Conservation and Recreation to protect water quality or to reduce soil concentrations of phosphorous or phosphorous loadings. The application of poultry waste shall be managed to minimize runoff and leaching and reduce adverse water quality impacts from phosphorous. Code of Virginia, Title 62.1, Chapter 3.1, Article 3.
The department shall assist the Department of Environmental Quality in the adoption of regulations related to the land application of sewage sludge. The regulations shall include the requirements for site-specific nutrient management plans, developed by persons certified in accordance with the department, prior to land application for all sites where sewage sludge is land applied. The department must approve certain nutrient management plans prior to permit issuance. Code of Virginia, Title 62.1, Chapter 3.1, Article 4.
The Secretary of Natural Resources shall develop a plan for the cleanup of the Chesapeake Bay and Virginias waters designated as impaired by the U.S. Environmental Protection Agency. The plan shall be revised and amended as needed to reflect changes in strategies, timetables, and milestones. Upon the request of the Secretary of Natural Resources, state agencies shall participate in the development of the plan. Code of Virginia, Title 62.1, Chapter 3.7.
The director serves as a member of the Ohio River Valley Water Sanitation Commission. Code of Virginia, Title 62.1, Chapter 6.
rev. 09/2012
