section_id
stringlengths 6
19
| section_number
stringlengths 3
16
| section_name
stringlengths 3
335
| section_text
stringlengths 238
120k
| section_source_url
stringlengths 63
80
| chapter_id
stringlengths 20
27
| chapter_number
stringclasses 237
values | chapter_name
stringlengths 5
136
| title_id
stringclasses 61
values | title_number
stringclasses 61
values | title_name
stringclasses 61
values | jurisdiction_id
stringclasses 1
value | jurisdiction_name
stringclasses 1
value |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
VA:1-603
|
1-603
|
(For contingent expiration date, see Acts 2025, cc. 91 and 109, cl. 2) Plane coordinates used in systems
|
<p>The plane coordinates of a point on the earth's surface, to be used in expressing the position or location of such point in the appropriate zone of these systems, shall be expressed in U.S. survey feet and decimals of a foot. One of these distances, to be known as the "x-coordinate," shall give the position in an east-and-west direction; the other, to be known as the "y-coordinate," shall give the position in a north-and-south direction. These coordinates shall be made to depend upon and conform to the coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Service/National Geodetic Survey, or its successors, and whose plane coordinates have been computed on the systems defined in this chapter. Any such station may be used for establishing a survey connection to either Virginia coordinate system.</p><p>When converting coordinates in the Virginia Coordinate System of 1983 from meters and decimals of a meter to feet and decimals of a foot, the U.S. survey foot conversion factor (one foot equals 1200/3937 meters) shall be used. This requirement does not preclude the continued use of the International foot conversion factor (one foot equals 0.3048 meters) in those counties and cities where this factor was in use prior to July 1, 1992. The plat or plan shall contain a statement of the conversion factor used and the coordinate values of a minimum of two project points in feet.</p><p>1946, p. 167; Michie Suppl. 1946, § 2849(3); Code 1950, § 55-290; 1984, c. 726; 1992, c. 1; 2019, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0712'>712</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title1/chapter6/section1-603/
|
VA:Title-1-Chapter-6
|
6
|
Virginia Coordinate Systems
|
VA:Title-1
|
1
|
General Provisions
|
VA
|
Code of Virginia
|
VA:1-604
|
1-604
|
Tract of land lying in both coordinate zones
|
<p>When any tract of land to be defined by a single description extends from one into the other of the two coordinate zones established in this chapter, the positions of all points on its boundaries may be referred to either of the two zones, with the zone that is used being specifically named in the description.</p><p>1946, p. 167; Michie Suppl. 1946, § 2849(4); Code 1950, § 55-291; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0712'>712</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title1/chapter6/section1-604/
|
VA:Title-1-Chapter-6
|
6
|
Virginia Coordinate Systems
|
VA:Title-1
|
1
|
General Provisions
|
VA
|
Code of Virginia
|
VA:1-605
|
1-605
|
(For contingent expiration date, see Acts 2025, cc. 91 and 109, cl. 2) Definition of systems by National Ocean Service/National Geodetic Survey; adopted
|
<p>A. For purposes of more precisely defining the Virginia Coordinate System of 1927, the following definition by the National Ocean Service/National Geodetic Survey is adopted:</p><p>The Virginia Coordinate System of 1927, North Zone, is a Lambert conformal projection of the Clarke spheroid of 1896, having standard parallels at north latitudes 38° 02' and 39° 12', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 78° 30' west of Greenwich with the parallel 37° 40' north latitude, such origin being given the coordinates: x = 2,000,000', and y = 0'.</p><p>The Virginia Coordinate System of 1927, South Zone, is a Lambert conformal projection of the Clarke spheroid of 1896, having standard parallels at north latitudes 36° 46' and 37° 58', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 78° 30' west of Greenwich with the parallel 36° 20' north latitude, such origin being given the coordinates: x = 2,000,000', and y = 0'.</p><p>B. For purposes of more precisely defining the Virginia Coordinate System of 1983, the following definition by the National Ocean Service/National Geodetic Survey is adopted:</p><p>The Virginia Coordinate System of 1983, North Zone, is a Lambert conformal conic projection based on the North American Datum of 1983, having standard parallels at north latitudes 38° 02' and 39° 12', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 78° 30' west of Greenwich and the parallel 37° 40' north latitude, such origin being given the coordinates: x = 3,500,000 meters and y = 2,000,000 meters.</p><p>The Virginia Coordinate System of 1983, South Zone, is a Lambert conformal conic projection based on the North American Datum of 1983, having standard parallels at north latitudes 36° 46' and 37° 58', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 78° 30' west of Greenwich and the parallel 36° 20' north latitude, such origin being given the coordinates: x = 3,500,000 meters and y = 1,000,000 meters.</p><p>1946, p. 167; Michie Suppl. 1946, § 2849(5); Code 1950, § 55-292; 1984, c. 726; 2019, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0712'>712</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title1/chapter6/section1-605/
|
VA:Title-1-Chapter-6
|
6
|
Virginia Coordinate Systems
|
VA:Title-1
|
1
|
General Provisions
|
VA
|
Code of Virginia
|
VA:1-606
|
1-606
|
(For contingent expiration date, see Acts 2025, cc. 91 and 109, cl. 2) Position of systems
|
<p>The position of the Virginia coordinate systems shall be as marked on the ground by triangulation or traverse stations established in conformity with the standards of accuracy and specifications for first-order and second-order geodetic surveying as prepared and published by the Federal Geodetic Control Subcommittee of the Federal Geographic Data Committee of the U.S. Department of Commerce. The geodetic position of stations defining the position of the Virginia Coordinate System of 1927 shall have been rigidly adjusted on the North American Datum of 1927, and the plane coordinates shall have been computed on the Virginia Coordinate System of 1927. The geodetic position of stations defining the position of the Virginia Coordinate System of 1983 shall have been rigidly adjusted on the North American Datum of 1983, and the plane coordinates shall have been computed on the Virginia Coordinate System of 1983. The geodetic position of stations defining the position of the Virginia Coordinate System of 2022 shall have been rigidly adjusted on the North American Terrestrial Reference Frame of 2022, and the plane coordinates shall have been computed on the Virginia Coordinate System of 2022. Any such station may be used for establishing a survey connection with the Virginia coordinate systems.</p><p>1946, p. 168; Michie Suppl. 1946, § 2849(5); Code 1950, § 55-293; 1984, c. 726; 2019, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0712'>712</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB2503/text/CHAP0091'>91</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB1173/text/CHAP0109'>109</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title1/chapter6/section1-606/
|
VA:Title-1-Chapter-6
|
6
|
Virginia Coordinate Systems
|
VA:Title-1
|
1
|
General Provisions
|
VA
|
Code of Virginia
|
VA:1-607
|
1-607
|
Limitation on use of systems
|
<p>No coordinates based on the Virginia coordinate systems, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within two kilometers of a public or private monumented horizontal control station established in conformity with the standards of accuracy and specifications for second-order, class II or better geodetic surveying as prepared and published by the Federal Geodetic Control Subcommittee of the Federal Geographic Data Committee of the U.S. Department of Commerce. Standards and specifications of the Federal Geodetic Control Subcommittee or its successor in force on the date of such survey shall apply. The publishing of the existing control stations, or the acceptance with intent to publish the new established control stations, by the National Ocean Service/National Geodetic Survey constitutes evidence of adherence to the Federal Geodetic Control Subcommittee specifications. The two kilometers' limitation may be modified by a duly authorized state agency to meet local conditions. Nothing contained in this chapter shall be interpreted as preventing the use of the Virginia coordinate systems in any unrecorded deeds, maps, or computations.</p><p>1946, p. 168; Michie Suppl. 1946, § 2849(6); Code 1950, § 55-294; 1984, c. 726; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0712'>712</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title1/chapter6/section1-607/
|
VA:Title-1-Chapter-6
|
6
|
Virginia Coordinate Systems
|
VA:Title-1
|
1
|
General Provisions
|
VA
|
Code of Virginia
|
VA:1-608
|
1-608
|
(For contingent expiration date, see Acts 2025, cc. 91 and 109, cl. 2) Limitation on use of name of systems
|
<p>The use of the terms "Virginia Coordinate System of 1927" or "Virginia Coordinate System of 1983" on any map, report of survey, or other document shall be limited to coordinates based on the Virginia coordinate systems as defined in this chapter.</p><p>1946, p. 168; Michie Suppl. 1946, § 2849(7); Code 1950, § 55-295; 1984, c. 726; 2019, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0712'>712</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title1/chapter6/section1-608/
|
VA:Title-1-Chapter-6
|
6
|
Virginia Coordinate Systems
|
VA:Title-1
|
1
|
General Provisions
|
VA
|
Code of Virginia
|
VA:1-609
|
1-609
|
Use of system not compulsory
|
<p>For purposes of describing the location of any survey station or land boundary corner in the Commonwealth, it shall be considered a complete, legal, and satisfactory description of such location to give the position of such survey station or land boundary corner on the system of plane coordinates defined in this chapter. Nothing contained in this chapter shall require any purchaser or mortgagee to rely on a description any part of which depends exclusively upon either Virginia coordinate system.</p><p>1946, p. 168; Michie Suppl. 1946, § 2849(8); Code 1950, § 55-296; 1984, c. 726; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0712'>712</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title1/chapter6/section1-609/
|
VA:Title-1-Chapter-6
|
6
|
Virginia Coordinate Systems
|
VA:Title-1
|
1
|
General Provisions
|
VA
|
Code of Virginia
|
VA:1-610
|
1-610
|
Old Dominion University designated as administrative agency
|
<p>Old Dominion University is designated as the authorized state agency to collect and distribute information, to authorize such modifications as are referred to in § <a href='/vacode/1-607/'>1-607</a>, and generally to advise with and assist appropriate state and federal agencies and individuals interested in the development of the provisions of this chapter.</p><p>1946, p. 168; Michie Suppl. 1946, § 2849(10); Code 1950, § 55-297; 1966, c. 55; 1968, c. 223; 1977, c. 114; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0712'>712</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title1/chapter6/section1-610/
|
VA:Title-1-Chapter-6
|
6
|
Virginia Coordinate Systems
|
VA:Title-1
|
1
|
General Provisions
|
VA
|
Code of Virginia
|
VA:10.1-100
|
10.1-100
|
Definitions
|
<p>As used in this subtitle, unless the context requires a different meaning:</p><p>"Department" means the Department of Conservation and Recreation.</p><p>"Director" means the Director of the Department of Conservation and Recreation.</p><p>1988, c. 891; 1989, c. 656.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-100/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-101
|
10.1-101
|
Department continued; appointment of Director
|
<p>The Department of Conservation and Historic Resources is continued as the Department of Conservation and Recreation. The Department shall be headed by a Director appointed by the Governor to serve at his pleasure for a term coincident with his own.</p><p>1984, c. 750, § 10-252; 1988, c. 891; 1989, c. 656.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-101/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-102
|
10.1-102
|
Powers and duties of Director
|
<p>The Director, under the direction and control of the Governor, shall exercise the powers and perform the duties that are conferred upon him by law and he shall perform such other duties as may be required of him by the Governor or the appropriate citizen boards.</p><p>1984, c. 750, § 10-252.1; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-102/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-103
|
10.1-103
|
Organization of the Department
|
<p>The Director shall establish divisions through which the functions of the Department and the corresponding powers and duties may be exercised and discharged. The Director shall appoint competent persons to direct the various functions and programs of the Department, and may delegate any of the powers and duties conferred or imposed by law upon him.</p><p>1984, c. 750, § 10-253; 1986, c. 567; 1987, c. 234; 1988, c. 891; 1989, c. 656.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-103/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104
|
10.1-104
|
Powers of the Department
|
<p>A. The Department shall have the following powers, which may be delegated by the Director:</p><p>1. To employ such personnel as may be required to carry out those duties conferred by law;</p><p>2. To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, including but not limited to contracts with private nonprofit organizations, the United States, other state agencies and political subdivisions of the Commonwealth;</p><p>3. To accept bequests and gifts of real and personal property as well as endowments, funds, and grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable;</p><p>4. To prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred by law;</p><p>5. To establish noncompetitively procured contracts, notwithstanding the Virginia Public Procurement Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4300/'>2.2-4300</a> et seq.), with private nonprofit organizations that are exempt from federal taxation, to conduct revenue producing activities on Department lands provided the revenue generated after expenses is used to benefit Virginia State Parks and the Natural Area Preserve System. This subsection shall not provide for establishing contracts for capital improvements to state-owned facilities or on Department lands;</p><p>6. To establish the Office of Environmental Education to provide increased opportunities for public education programs on environmental issues. The Office shall initiate and supervise programs designed to educate citizens on ecology, pollution and its control, technology and its relationship to environmental problems and their solutions, population and its relationship to environmental problems, and other matters concerning environmental quality;</p><p>7. To perform acts necessary or convenient to carry out the duties conferred by law; and</p><p>8. To assess civil penalties for violations of § <a href='http://law.lis.virginia.gov/vacode/10.1-200.3/'>10.1-200.3</a>.</p><p>B. Pursuant to the Administrative Process Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4000/'>2.2-4000</a> et seq.), the Department may promulgate regulations necessary to carry out the purposes and provisions of this subtitle. A violation of any regulation shall constitute a Class 1 misdemeanor, unless a different penalty is prescribed by the Code of Virginia. However, a violation of the Virginia State Park Regulations (<a href='http://law.lis.virginia.gov/admincode/title4/agency5/chapter30/'>4VAC5-30</a>) shall constitute a Class 3 misdemeanor.</p><p>1984, c. 739, §§ 10-21.3:4, 10-21.3:5; 1984, c. 750, § 10-254; 1985, c. 448; 1988, c. 891; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0370'>370</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0632'>632</a>; 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0392'>392</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0803'>803</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0835'>835</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.01
|
10.1-104.01
|
Repealed
|
<p>Repealed by Acts 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0490'>490</a>, cl. 2.</p><p></p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.01/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.02
|
10.1-104.02
|
Policies for consultation with federally recognized Tribal Nations in the Commonwealth
|
<p>A. The Department, with assistance from the Ombudsman for Tribal Consultation designated pursuant to § <a href='/vacode/2.2-401.01/'>2.2-401.01</a>, shall develop policies and procedures, to the extent permitted by law, to ensure an opportunity for meaningful and appropriate written consultation with potentially impacted federally recognized Tribal Nations in the Commonwealth regarding certain major actions or permits issued by the Department. The Department shall designate an agency official to evaluate the adequacy of consultation and ensure that agency consultation practices are consistent. Actions and permits appropriate for consultation shall include the projects and actions set forth in subsection B. The policies shall define an appropriate means of notifying federally recognized Tribal Nations in the Commonwealth based on tribal preferences, ensure that sufficient information and time is provided for the federally recognized Tribal Nations in the Commonwealth to fully engage in consultation regarding the proposed action, and establish procedures for the Department to provide feedback to the federally recognized Tribal Nations in the Commonwealth to explain how their input was considered. Should feedback from the federally recognized Tribal Nations in the Commonwealth not be received by the deadline established in the Department's policies and procedures, the consultation provisions of this section shall be deemed fulfilled.</p><p>B. The following actions and projects are subject to consultation as set forth in subsection A: (i) cave collection permits, issued pursuant to the Cave Protection Act (§ <a href='/vacode/10.1-1000/'>10.1-1000</a> et seq.), for permit applications pertaining to the study, extraction, or removal of any archaeological or historic feature in a cave in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § <a href='/vacode/2.2-401.01/'>2.2-401.01</a> and (ii) Virginia-regulated impounding structures permits issued pursuant to 4VAC50-20-70 and 4VAC50-20-80 in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § <a href='/vacode/2.2-401.01/'>2.2-401.01</a>.</p><p>2024, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0830'>830</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.02/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.1
|
10.1-104.1
|
Department to assist in the nonpoint source pollution management program
|
<p>A. The Department, with the advice of the Board of Conservation and Recreation and the Virginia Soil and Water Conservation Board and in cooperation with other agencies, organizations, and the public as appropriate, shall assist in the Commonwealth's nonpoint source pollution management program.</p><p>B. The Department shall be assisted in performing its nonpoint source pollution management responsibilities by Virginia's soil and water conservation districts. Assistance by the soil and water conservation districts in the delivery of local programs and services may include (i) the provision of technical assistance to advance adoption of conservation management services, (ii) delivery of educational initiatives targeted at youth and adult groups to further awareness and understanding of water quality issues and solutions, and (iii) promotion of incentives to encourage voluntary actions by landowners and land managers in order to minimize nonpoint source pollution contributions to state waters.</p><p>The provisions of this section shall not limit the powers and duties of other state agencies.</p><p>1993, cc. 19, 830; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0474'>474</a>; 2013, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0756'>756</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0793'>793</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.1/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.2
|
10.1-104.2
|
Voluntary nutrient management training and certification program
|
<p>A. The Department shall operate a voluntary nutrient management training and certification program to certify, in accordance with regulations adopted by the Virginia Soil and Water Conservation Board pursuant to subsection D, the competence of persons preparing nutrient management plans for the purpose of (i) assisting landowners and operators in the management of land application of fertilizers, municipal sewage sludges, animal manures, and other nutrient sources for agronomic benefits and for the protection of the Commonwealth's ground and surface waters and (ii) assisting owners and operators of agricultural land and turf to achieve economic benefits from the effective management and application of nutrients.</p><p>B. The Department shall develop a flexible, tiered, Voluntary Nutrient Management Plan Program to assist owners and operators of agricultural land and turf in (i) preparing nutrient management plans for their own property that meet the nutrient management specifications developed by the Department and (ii) achieving economic benefits for owners and operators as a result of effective nutrient management. The Department shall convene a stakeholder group composed of individuals representing agricultural and environmental organizations to assist in the development of this Program. Individuals representing the agricultural stakeholders shall include both farmers who currently operate farms and agribusiness representatives who serve the farming community. Individuals representing environmental stakeholders shall include at least two members and a staff member of the Virginia Delegation to the Chesapeake Bay Commission and one representative from the Rappahannock River Basin Commission. The Program shall: (a) allow owners and operators of agricultural lands and turf who are not required to have a certified nutrient management plan to prepare their own nutrient management plans; (b) include a tiered approach for lands of different sizes, agricultural production, and nutrient applications; (c) consider similar online programs in other states or sponsored by baccalaureate institutions of higher education; (d) address how the nutrient management plans can be verified and receive credit in the Chesapeake Bay Watershed Model for properties in the Chesapeake Bay watershed; (e) begin testing the software for the Program by July 1, 2013, and begin full implementation by July 1, 2014; and (f) include any other issues related to developing a flexible, tiered, Voluntary Nutrient Management Plan Program for owners and operators of agricultural lands and turf.</p><p>C. Any personal or proprietary information collected pursuant to subsection B shall be exempt from the Virginia Freedom of Information Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-3700/'>2.2-3700</a> et seq.), except that the Director may release information that has been transformed into a statistical or aggregate form that does not allow identification of the persons who supplied, or are the subject of, particular information. This subsection shall not preclude the application of the Virginia Freedom of Information Act in all other instances of federal or state regulatory actions.</p><p>D. The Virginia Soil and Water Conservation Board shall adopt regulations:</p><p>1. Specifying qualifications and standards for individuals to be deemed competent in nutrient management plan preparation, and providing for the issuance of documentation of certification to such individuals;</p><p>2. Specifying conditions under which a certificate issued to an individual may be suspended or revoked;</p><p>3. Providing for criteria relating to the development of nutrient management plans for various agricultural and urban agronomic practices, including protocols for use by laboratories in determining soil fertility, animal manure nutrient content, or plant tissue nutrient uptake for the purpose of nutrient management;</p><p>4. Establishing fees to be paid by individuals enrolling in the training and certification programs;</p><p>5. Providing for the performance of other duties and the exercise of other powers by the Director as may be necessary to provide for the training and certification of individuals preparing nutrient management plans; and</p><p>6. Giving due consideration to relevant existing agricultural certification programs.</p><p>E. There is hereby established a special, nonreverting fund in the state treasury to be known as the Nutrient Management Training and Certification Fund. The fund shall consist of all fees collected by the Department pursuant to subsection D. No part of the fund, either principal or interest, shall revert to the general fund. The fund shall be administered by the Director, and shall be used solely for the payment of expenses of operating the nutrient management training and certification program.</p><p>F. For the purposes of this section, the term "turf" shall have the same meaning as defined in § <a href='http://law.lis.virginia.gov/vacode/3.2-3600/'>3.2-3600</a>.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0159'>159</a>; 2011, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0341'>341</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0353'>353</a>; 2012, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0781'>781</a>; 2013, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0593'>593</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0658'>658</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.2/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.2:1
|
10.1-104.2:1
|
Nitrogen application rates; regulations
|
<p>A. The Virginia Soil and Water Conservation Board shall adopt regulations that amend the application rates in the Virginia Nutrient Management Standards and Criteria by incorporating into such regulations or the documents incorporated by reference 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 Association of American 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."</p><p>B. Such regulatory amendment provided for in subsection A shall follow a fast-track regulatory process established pursuant to § <a href='http://law.lis.virginia.gov/vacode/2.2-4012.1/'>2.2-4012.1</a> of the Administrative Process Act and shall be adopted no later than July 1, 2014.</p><p>2012, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0796'>796</a>; 2013, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0593'>593</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0658'>658</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.2:1/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.3
|
10.1-104.3
|
Clean Water Farm Award Program
|
<p>The Director shall establish the Clean Water Farm Award Program to recognize farms in the Commonwealth which utilize practices designed to protect water quality and soil resources. A farm shall be eligible for recognition upon application from the farmer or the local soil and water conservation district, if the district concurs that the farmer is implementing conservation practices that effectively address agricultural nonpoint source pollutants. Such practices may include vegetative riparian buffers, cover crops, conservation tillage, livestock exclusion from waterways, and nutrient management plans. The Director may establish guidelines for limiting the quantity of annual recipients, receiving and ranking applications, ensuring geographical representation of awards from the major watersheds of the Commonwealth including the Chesapeake Bay watershed, providing local farm recognition through the local soil and water conservation districts, and providing special statewide recognition to select farms. Recognition under this program shall not be a requirement under any other state program.</p><p>1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0093'>93</a>; 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0349'>349</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.3/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.4
|
10.1-104.4
|
Nutrient management plans required for state lands; review of plans
|
<p>A. On or before July 1, 2006, all state agencies, public institutions of higher education in the Commonwealth, and other state governmental entities that own land upon which fertilizer, manure, sewage sludge or other compounds containing nitrogen or phosphorus are applied to support agricultural, turf, plant growth, or other uses shall develop and implement a nutrient management plan for such land. The plan shall be in conformance with the following nutrient management requirements:</p><p>1. For all state-owned agricultural and forestal lands where nutrient applications occur, state agencies, public institutions of higher education in the Commonwealth, and other state governmental entities shall submit site-specific individual nutrient management plans prepared by a certified nutrient management planner pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-104.2/'>10.1-104.2</a> and regulations promulgated thereunder. However, where state agencies are conducting research involving nutrient application rate and timing on state-owned agricultural and forestal lands, such lands shall be exempt from the application rate and timing provisions contained in the regulations developed pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-104.2/'>10.1-104.2</a>.</p><p>2. For all state-owned lands other than agricultural and forestal lands where nutrient applications occur, state agencies, public institutions of higher education in the Commonwealth, and other state governmental entities shall submit nutrient management plans prepared by a certified nutrient management planner pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-104.2/'>10.1-104.2</a> and regulations promulgated thereunder or planning standards and specifications acceptable to the Department.</p><p>B. Plans or planning standards and specifications submitted under subdivisions A 1 and A 2 shall be reviewed and approved by the Department. Such approved plans and planning standards and specifications shall be in effect for a maximum of three years, and shall be revised and submitted for approval to the Department at least once every three years thereafter.</p><p>C. State agencies, public institutions of higher education in the Commonwealth, and other state governmental entities shall maintain and properly implement any such nutrient management plan or planning standards or specifications on all areas where nutrients are applied.</p><p>D. The Department may (i) provide technical assistance and training on the development and implementation of a nutrient management plan, (ii) conduct periodic reviews as part of its responsibilities authorized under this section, and (iii) assess an administrative charge to cover a portion of the costs for services associated with its responsibilities authorized under this section.</p><p>E. The Department shall 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, public institutions of higher education in the Commonwealth, and other state governmental entities that own land upon which nutrients are applied.</p><p>2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0065'>65</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.4/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.5
|
10.1-104.5
|
Nutrient management plans required for golf courses; penalty
|
<p>A. On or before July 1, 2017, all persons that own land operated as a golf course and upon which fertilizer, manure, sewage sludge, or other compounds containing nitrogen or phosphorous are applied to support turf, plant growth, or other uses shall develop and implement nutrient management plans for such land in accordance with the regulations adopted pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-104.2/'>10.1-104.2</a>. However, such lands shall be exempt from the application rate and timing provisions contained in any regulations developed pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-104.2/'>10.1-104.2</a> if research involving nutrient application rate and timing is conducted on such lands.</p><p>B. Nutrient management plans developed pursuant to this section shall be submitted to the Department. The Department shall approve or contingently approve such nutrient management plans within 30 days of submission. Such nutrient management plans shall be revised and resubmitted for approval to the Department every five years thereafter or upon a major renovation or redesign of the golf course lands, whichever occurs sooner.</p><p>C. Golf courses shall maintain and properly implement approved nutrient management plans, planning standards, and specifications on all areas where nutrients are applied.</p><p>D. Nutrient management plans shall be made available to the Department upon request.</p><p>E. The Department shall (i) provide technical assistance and training on the development and implementation of nutrient management plans, planning standards, and specifications and (ii) establish, prior to July 1, 2015, a cost-share program specific to golf courses for implementation of this section.</p><p>F. Any information collected pursuant to this section shall be exempt from the Virginia Freedom of Information Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-3700/'>2.2-3700</a> et seq.).</p><p>G. A golf course owner found to be in violation of this section after July 1, 2017, shall be given 90 days to submit a nutrient management plan to the Department for approval before a $250 civil penalty is imposed. All civil penalties imposed under this section shall be deposited in the Nutrient Management Training and Certification Fund (§ <a href='http://law.lis.virginia.gov/vacode/10.1-104.2/'>10.1-104.2</a>).</p><p>H. Golf courses in compliance with this section shall not be subject to local ordinances governing the use or application of fertilizer.</p><p>2011, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0341'>341</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0353'>353</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.5/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.6
|
10.1-104.6
|
Supplemental environmental projects
|
<p>A. As used in this section:</p><p>"Supplemental environmental project" means an environmentally beneficial project undertaken as partial settlement of a civil enforcement action and not otherwise required by law.</p><p>B. The Virginia Soil and Water Conservation Board or the Director acting on behalf of the Board or under his own authority in issuing any administrative order, or any court of competent jurisdiction as provided for under this Code, may, in its or his discretion and with the consent of the person subject to the order, provide for such person to undertake one or more supplemental environmental projects. The project shall have a reasonable geographic nexus to the violation or, if no such project is available, shall advance at least one of the declared objectives of the environmental law or regulation that is the basis of the enforcement action. Performance of such projects shall be enforceable in the same manner as any other provision of the order.</p><p>C. The following categories of projects may qualify as supplemental environmental projects, provided the project otherwise meets the requirements of this section: public health, pollution prevention, pollution reduction, environmental restoration and protection, environmental compliance promotion, and emergency planning and preparedness. In determining the appropriateness and value of a supplemental environmental project, the following factors shall be considered by the enforcement authority: net project costs, benefits to the public or the environment, innovation, impact on minority or low income populations, multimedia impact, and pollution prevention. The costs of those portions of a supplemental environmental project that are funded by state or federal low-interest loans, contracts or grants shall be deducted from the net project cost in evaluating the project. In each case in which a supplemental environmental project is included as part of a settlement, an explanation of the project with any appropriate supporting documentation shall be included as part of the case file.</p><p>D. Nothing in this section shall require the disclosure of documents exempt from disclosure pursuant to the Virginia Freedom of Information Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-3700/'>2.2-3700</a> et seq.).</p><p>E. Any decision whether or not to agree to a supplemental environmental project is within the sole discretion of the Virginia Soil and Water Conservation Board, Director, or court and shall not be subject to appeal.</p><p>F. Nothing in this section shall be interpreted or applied in a manner inconsistent with applicable federal law or any applicable requirement for the Commonwealth to obtain or maintain federal delegation or approval of any regulatory program.</p><p>2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0505'>505</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.6/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.6:1
|
10.1-104.6:1
|
ConserveVirginia program established
|
<p>A. The Department shall develop a program for the creation, maintenance, operation, and regular updating of a data-driven Geographical Information Systems model to prioritize potential conservation areas across the Commonwealth that would provide quantifiable benefits to the citizens of Virginia. Such program shall be known as ConserveVirginia. The model shall synthesize multiple mapped data inputs, divided into categories, each representing a different overarching conservation value, including (i) agriculture and forestry, (ii) natural habitat and ecosystem diversity, (iii) floodplains and flooding resilience, (iv) cultural and historic preservation, (v) scenic preservation, (vi) protected landscapes resilience, and (vii) water quality improvement.</p><p>B. The Department shall consult regularly with the Chief Resilience Officer of the Commonwealth, the Department of Forestry, the Department of Agriculture and Consumer Services, the Department of Historic Resources, the Department of Wildlife Resources, the Department of Environmental Quality, the Marine Resources Commission, and any other state or federal agency or private organization deemed appropriate to provide data or information to update methodologies, map layers, and emerging conservation priorities.</p><p>C. The Department shall review and revise the methodology used to develop and prioritize each conservation value identified in subsection A. The Department shall conduct such review and revision process no less than once every two years, and such process shall include public hearings and solicitation of public comment. The Department shall continue to develop ways to incorporate and encourage environmental justice, as defined in § <a href='/vacode/2.2-234/'>2.2-234</a>, into all existing and future conservation values. The Department shall not utilize any methodology or conservation value to limit a landowner's decision on implementing any aspect of an approved forest management plan or any appropriate best management practice to achieve water quality improvements.</p><p>D. The Department shall provide access to the ConserveVirginia model to the public and all state and federal agencies that benefit by using ConserveVirginia to determine conservation priorities.</p><p>E. The Department shall incorporate ConserveVirginia into acquisition or grant decisions when appropriate.</p><p>F. The Department shall utilize information provided by the Department of Agriculture and Consumer Services and the Department of Forestry when creating the Agriculture and Forestry map layers of ConserveVirginia. Such information shall include, as appropriate, new data sources that better reflect the economic viability of working farms and forests. The Department of Agriculture and Consumer Services and the Department of Forestry shall engage agriculture and forestry stakeholders to improve and refine the ConserveVirginia model to accurately reflect the conservation value of agricultural and forestal land in the Commonwealth. Such information shall inform whether the ConserveVirginia conservation values related to agriculture and forestry have been achieved.</p><p>2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0099'>99</a>; 2024, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0753'>753</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.6:1/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.6:2
|
10.1-104.6:2
|
Invasive plant species
|
<p>A. The Department shall create a list of invasive plant species no later than January 1, 2024, and shall update such list at least every four years thereafter.</p><p>B. No agency of the Commonwealth shall plant, sell, or propagate any plant on the list of invasive plants established in subsection A except when doing so is necessary for scientific or educational purposes or bona fide agricultural purposes including the management, tilling, planting, or harvesting of agricultural products.</p><p>2023, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0153'>153</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.6:2/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.7
|
10.1-104.7
|
Resource management plans; effect of implementation; exclusions
|
<p>A. Notwithstanding any other provision of law, agricultural landowners or operators who fully implement and maintain the applicable components of their resource management plan, in accordance with the criteria for such plans set out in § <a href='http://law.lis.virginia.gov/vacode/10.1-104.8/'>10.1-104.8</a> and any regulations adopted thereunder, shall be deemed to be in full compliance with (i) any load allocation contained in a total maximum daily load (TMDL) established under § 303(d) of the federal Clean Water Act addressing benthic, bacteria, nutrient, or sediment impairments; (ii) any requirements of the Virginia Chesapeake Bay TMDL Watershed Implementation Plan; and (iii) applicable state water quality requirements for nutrients and sediment.</p><p>B. The presumption of full compliance provided in subsection A shall not prevent or preclude enforcement of provisions pursuant to (i) a resource management plan or a nutrient management plan otherwise required by law for such operation, (ii) a Virginia Pollutant Discharge Elimination System permit, (iii) a Virginia Pollution Abatement permit, or (iv) requirements of the Chesapeake Bay Preservation Act (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.15:67/'>62.1-44.15:67</a> et seq.).</p><p>C. Landowners or operators who implement and maintain a resource management plan in accordance with this article 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. Such landowners and operators may also be eligible for state tax credits in accordance with §§ <a href='http://law.lis.virginia.gov/vacode/58.1-339.3/'>58.1-339.3</a> and <a href='http://law.lis.virginia.gov/vacode/58.1-439.5/'>58.1-439.5</a>.</p><p>D. Nothing in this article shall be construed to limit, modify, impair, or supersede the authority granted to the Commissioner of Agriculture and Consumer Services pursuant to Chapter 4 (§ <a href='http://law.lis.virginia.gov/vacode/3.2-400/'>3.2-400</a> et seq.) of Title 3.2.</p><p>E. Any personal or proprietary information collected pursuant to this article shall be exempt from the Virginia Freedom of Information Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-3700/'>2.2-3700</a> et seq.), except that the Director may release information that has been transformed into a statistical or aggregate form that does not allow identification of the persons who supplied, or are the subject of, particular information. This subsection shall not preclude the application of the Virginia Freedom of Information Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-3700/'>2.2-3700</a> et seq.) in all other instances of federal or state regulatory actions. Pursuant to subdivision 45 of § <a href='http://law.lis.virginia.gov/vacode/2.2-3711/'>2.2-3711</a>, public bodies may hold closed meetings for discussion or consideration of certain records excluded from the provisions of this article and the Virginia Freedom of Information Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-3700/'>2.2-3700</a> et seq.).</p><p>2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0781'>781</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0027'>27</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0169'>169</a>; 2017, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0616'>616</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.7/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.8
|
10.1-104.8
|
Resource management plans; criteria
|
<p>A. The Soil and Water Conservation Board shall by regulation, and in consultation with the Department of Agriculture and Consumer Services and the Department of Environmental Quality, specify the criteria to be included in a resource management plan.</p><p>B. The regulations shall:</p><p>1. Be technically achievable and take into consideration the economic impact to the agricultural landowner or operator;</p><p>2. Include (i) determinations of persons qualified to develop resource management plans and to perform on-farm best management practice assessments; (ii) plan approval or review procedures if determined necessary; (iii) allowable implementation timelines and schedules; (iv) determinations of the effective life of the resource management plans taking into consideration a change in or a transfer of the ownership or operation of the agricultural land, a material change in the agricultural operations, issuance of a new or modified total maximum daily load (TMDL) implementation plan for the Chesapeake Bay or other local total maximum daily load water quality requirements, and a determination pursuant to Chapter 4 (§ <a href='http://law.lis.virginia.gov/vacode/3.2-400/'>3.2-400</a> et seq.) of Title 3.2 that an agricultural activity on the land is creating or will create pollution; (v) factors that necessitate renewal or new plan development; and (vi) a means to determine full implementation and compliance with the plans including reporting and verification;</p><p>3. Provide for a process by which an on-farm assessment of all reportable best management practices currently in place, whether as part of a cost-share program or through voluntary implementation, shall be conducted to determine their adequacy in achieving needed on-farm nutrient, sediment, and bacteria reductions;</p><p>4. 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</p><p>5. 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 as set forth in subdivision B 4, including best management practices identified in this subdivision 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.</p><p>a. For all cropland or specialty crops such components shall include the following, as needed and based upon an individual on-farm assessment:</p><p>(1) A nutrient management plan that meets the nutrient management specifications developed by the Department;</p><p>(2) A forest or grass buffer between cropland and perennial streams of sufficient width to meet water quality objectives and consistent with Natural Resources Conservation Service standards and specifications;</p><p>(3) A soil conservation plan that achieves a maximum soil loss rate of "T," as defined by the Natural Resources Conservation Service; and</p><p>(4) Cover crops meeting best management practice specifications as determined by the Natural Resources Conservation Service or the Virginia Agricultural Best Management Practices Cost-Share Program.</p><p>b. For all hayland, such components shall include the following, as needed and based upon an individual on-farm assessment:</p><p>(1) A nutrient management plan that meets the nutrient management specifications developed by the Department;</p><p>(2) A forest or grass buffer between cropland and perennial streams of sufficient width to meet water quality objectives and consistent with Natural Resources Conservation Service standards and specifications; and</p><p>(3) A soil conservation plan that achieves a maximum soil loss rate of "T," as defined by the Natural Resources Conservation Service.</p><p>c. For all pasture, such components shall include the following, as needed and based upon an individual on-farm assessment:</p><p>(1) A nutrient management plan that meets the nutrient management specifications developed by the Department;</p><p>(2) A system that limits or prevents livestock access to perennial streams; and</p><p>(3) A pasture management plan or soil conservation plan that achieves a maximum soil loss rate of "T," as defined by the Natural Resources Conservation Service.</p><p>2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0781'>781</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.8/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-104.9
|
10.1-104.9
|
Regulations under this article
|
<p>Regulations adopted by the Board for the enforcement of this article shall be subject to the requirements set out in §§ <a href='http://law.lis.virginia.gov/vacode/2.2-4007.03/'>2.2-4007.03</a>, <a href='http://law.lis.virginia.gov/vacode/2.2-4007.04/'>2.2-4007.04</a>, <a href='http://law.lis.virginia.gov/vacode/2.2-4007.05/'>2.2-4007.05</a>, and <a href='http://law.lis.virginia.gov/vacode/2.2-4026/'>2.2-4026</a> through <a href='http://law.lis.virginia.gov/vacode/2.2-4030/'>2.2-4030</a> of the Administrative Process Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4000/'>2.2-4000</a> et seq.), and shall be published in the Virginia Register of Regulations. The Board shall convene a stakeholder group to assist in development of these regulations, with representation from agricultural and environmental interests as well as Soil and Water Conservation Districts. All other provisions of the Administrative Process Act shall not apply to the adoption of any regulation pursuant to this article. After the close of the 60-day comment period, the Board may adopt a final regulation, with or without changes. Such regulation shall become effective 15 days after publication in the Virginia Register of Regulations, unless the Board has withdrawn or suspended the regulation or a later date has been set by the Board. The Board shall also hold at least one public hearing on the proposed regulation during the 60-day comment period. The notice for such public hearing shall include the date, time, and place of the hearing.</p><p>2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0781'>781</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-104.9/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-105
|
10.1-105
|
Board of Conservation and Recreation
|
<p>The Board of Conservation and Recreation shall be reorganized and is established as a policy board in the executive branch in accordance with § <a href='http://law.lis.virginia.gov/vacode/2.2-2100/'>2.2-2100</a> and shall consist of 12 members to be appointed by the Governor. The Board shall be the successor to the Board on Conservation and Development of Public Beaches and the Virginia State Parks Foundation. The members of the Board shall initially be appointed for terms of office as follows: three for a one-year term, three for a two-year term, three for a three-year term, and three for a four-year term. The Governor shall designate the term to be served by each appointee at the time of appointment. Appointments thereafter shall be made for four-year terms. No person shall serve more than two consecutive full terms. Any vacancy shall be filled by the Governor for the unexpired term. All terms shall begin July 1. Board members shall serve at the pleasure of the Governor. In making appointments, the Governor shall endeavor to select persons suitably qualified to consider and act upon the various special interests and problems related to the programs of the Department. The Board may appoint subcommittees of not less than three to consider and deal with special interests and problems related to programs of the Department.</p><p>Code 1950, § 10-3; 1954, c. 487; 1958, c. 427; 1966, cc. 477, 510; 1984, c. 750; 1988, c. 891; 1989, c. 656; 1991, c. 84; 2003, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0079'>79</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0089'>89</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-105/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-106
|
10.1-106
|
Officers; meetings; quorum
|
<p>The Board shall elect one of its members chairman, and another as vice-chairman. The Director or his designee shall serve as executive secretary to the Board.</p><p>The Board shall meet at least three times a year on the call of the chairman or the Director. The vice-chairman shall fill the position of chairman in the event the chairman is not available. A majority of the members of the Board shall constitute a quorum of the Board.</p><p>Code 1950, §§ 10-4, 10-5; 1958, c. 427; 1968, c. 126; 1988, c. 891; 1991, c. 84; 2003, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0079'>79</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0089'>89</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-106/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-107
|
10.1-107
|
General powers and duties of the Board
|
<p>A. The Board shall advise the Governor and the Director on activities of the Department. Upon the request of the Governor, or the Director, the Board shall institute investigations and make recommendations.</p><p>The Board shall formulate recommendations to the Director concerning:</p><p>1. Requests for grants or loans pertaining to outdoor recreation.</p><p>2. Designation of recreational sites eligible for recreational access road funds.</p><p>3. Designations proposed for scenic rivers, scenic highways, and Virginia byways.</p><p>4. Acquisition of real property by fee simple or other interests in property for the Department including, but not limited to, state parks, state recreational areas, state trails, greenways, natural areas and natural area preserves, and other lands of biological, environmental, historical, recreational, or scientific interest.</p><p>5. Acquisition of bequests, devises, and gifts of real and personal property, and the interest and income derived therefrom.</p><p>6. Stage one and stage two plans, master plans, and amendments to master plans as provided in § <a href='/vacode/10.1-200.1/'>10.1-200.1</a>.</p><p>B. The Board shall have the authority to promulgate regulations necessary for the execution of the Public Beach Conservation and Development Act, Article 2 (§ <a href='/vacode/10.1-705/'>10.1-705</a> et seq.) of Chapter 7 of this title.</p><p>C. The Board shall assist the Department in the duties and responsibilities described in Subtitle I (§ <a href='/vacode/10.1-100/'>10.1-100</a> et seq.) of Title 10.1.</p><p>D. The Board is authorized to conduct fund-raising activities as deemed appropriate and will deposit such revenue into the State Parks Projects Fund pursuant to subsection C of § <a href='/vacode/10.1-202/'>10.1-202</a>.</p><p>E. The Board shall advise the Governor and the Director concerning the protection or management of the Virginia Scenic Rivers System as defined in § <a href='/vacode/10.1-400/'>10.1-400</a>. Upon the request of the Governor, or the Director, the Board shall institute investigations and make recommendations. The Board shall have general powers and duties to (i) advise the Director on the appointment of Scenic River Advisory Committees or other local or regional committees pursuant to § <a href='/vacode/10.1-401/'>10.1-401</a>; (ii) formulate recommendations concerning designations for proposed scenic rivers or extensions of existing scenic rivers; (iii) consider and comment to the Director on any federal, state, or local governmental plans to approve, license, fund, or construct facilities that would alter any of the assets that qualified the river for scenic designation; (iv) assist the Director in reviewing and making recommendations regarding all planning for the use and development of water and related land resources including the construction of impoundments, diversions, roadways, crossings, channels, locks, canals, or other uses that change the character of a stream or waterway or destroy its scenic assets, so that full consideration and evaluation of the river as a scenic resource will be given before alternative plans for use and development are approved; (v) assist the Director in preserving and protecting the natural beauty of the scenic rivers, assuring the use and enjoyment of scenic rivers for fish and wildlife, scenic, recreational, geologic, historic, cultural, or other assets, and encouraging the continuance of existing agricultural, horticultural, forestal and open space land and water uses; (vi) advise the Director and the affected local jurisdiction on the impacts of proposed uses of each scenic river and its related land resources; and (vii) assist local governments in solving problems associated with the Virginia Scenic Rivers System, in consultation with the Director.</p><p>Code 1950, § 10-12; 1958, c. 427; 1962, c. 355; 1984, c. 750; 1988, c. 891; 1991, c. 84; 1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0780'>780</a>; 2003, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0079'>79</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0089'>89</a>; 2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0025'>25</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0102'>102</a>; 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0856'>856</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0803'>803</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0835'>835</a>; 2023, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0194'>194</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-107/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-108
|
10.1-108
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Environment" means the natural, scenic, scientific and historic attributes of the Commonwealth.</p><p>"Exploration" means the examination and investigation of land for the purpose of locating and determining the extent of minerals, by excavating, drilling, boring, sinking shafts, sinking wells, driving tunnels, or other means.</p><p>"Mineral" means petroleum, natural gas, coal, ore, rock and any other solid chemical element or compound which results from the inorganic process of nature. For the purposes of this article, the word mineral shall not include timber.</p><p>1978, c. 835, § 10-17.113; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-108/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-109
|
10.1-109
|
Lease of lands and other properties
|
<p>A. The Director is authorized, subject to the written recommendation of the Department of General Services to the Governor and the written approval of the Governor, following review as to form and content by the Attorney General and the provisions of this article, to lease to any person for consideration, by appropriate instrument signed and executed by the Director, in the name of the Commonwealth: (i) any lands or other properties held for general recreational or other public purposes by the Department, for the Commonwealth, or (ii) any lands over which the Department has supervision and control, or any part of such lands where such lease is for the purposes of recreation, agriculture, or resource management and is consistent with the purposes and duties of the Department. Notwithstanding the provisions of subdivision (ii), whenever land is acquired by purchase or otherwise for public recreation and conservation purposes under the administration of the Department, the Director is authorized to lease the land or any portion of it back to the owner from whom the land is acquired upon terms and conditions in the public interest. No lease granted under this section shall be for an initial term longer than ten years, but any such lease may contain provisions for lease renewals, either contingent or automatic at the discretion of the Director, for a like period upon the same terms and conditions as originally granted. If written notice of termination is received by the Director from the lessee or if use of the lease is in fact abandoned by the lessee at any time prior to the end of the initial term or any renewal, the Director may immediately terminate the lease.</p><p>B. The Director is authorized to lease state-owned housing under the control of the Department to state employees. Such leases shall be approved as to form and content by the Attorney General and the Department of General Services. The leasing of Department-controlled housing to state employees shall be for the purposes of providing security and operational efficiencies to property of the Department and shall not cause the property to be considered surplus to the agency's need. If the Director determines that the availability of state-owned housing is inadequate to meet the onsite security and operational efficiencies requirements for Department-owned property, he may lease residential property not owned by the Commonwealth from prospective landlords for the purposes of subleasing to state employees who otherwise qualify for leasing state-owned housing. Such leases and subleases shall be approved by the Director.</p><p>C. Property leased under this section shall not be considered surplus to the agency's need.</p><p>D. The Department shall include information about leasing activities carried out pursuant to this section in an annual report to the General Assembly.</p><p>1978, c. 835, § 10-17.114; 1980, c. 451; 1984, c. 739; 1987, c. 453; 1988, c. 891; 1991, c. 461; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0022'>22</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0400'>400</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-109/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-110
|
10.1-110
|
Easements to governmental agencies and public service corporations
|
<p>A. The Director is authorized, subject to the consent and approval of the Governor following review as to form and content by the Attorney General, to grant to any governmental agency, political subdivision, public utility company, public service corporation, public service company or authority for consideration by proper deed or other appropriate instrument signed and executed by the Director in the name of the Commonwealth, any easement over, upon and across any lands or other properties held by the Commonwealth or over which it has supervision and control, provided that the easement is consistent with and not in derogation of the general purpose for which the land or other property is held. No easement shall be granted for an initial term longer than ten years, but may contain provisions for renewals either contingent or automatic at the discretion of the Director, for a like period on the same terms and conditions as originally granted. If written notice of termination is received by the Director from the grantee or if use of the easement is in fact abandoned by the grantee at any time prior to the end of the initial term or any renewal, the Director may immediately terminate the easement. If the Department amends its master site plan to include buildings, structures or improvements on or in the vicinity of any easement granted under this section, the Director reserves the right to require, upon written notice given 180 days in advance, the relocation of the easement at the expense of the grantee of the easement.</p><p>B. The relocation requirement of subsection A shall not apply to any easement granted by the Director to the Virginia Department of Transportation.</p><p>1978, c. 835, § 10-17.114; 1980, c. 451; 1984, c. 739; 1987, c. 453; 1988, c. 891; 1991, c. 360.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-110/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-111
|
10.1-111
|
Removal of minerals
|
<p>The Director, with the approval of the Governor, is authorized to make and execute leases, contracts or deeds in the name of the Commonwealth, for the removal or mining of minerals that may be found in Departmental lands whenever it appears to the Director that it would be in the best interest of the Commonwealth to dispose of these minerals. Before any deed, contract or lease is made or executed, it shall be approved as to form by the Attorney General, and bids therefor shall be received after notice by publication once each week for four successive weeks in two newspapers of general circulation. The Director shall have the right to reject any or all bids and to readvertise for bids. The accepted bidder shall give bond with good and sufficient surety to the satisfaction of the Director, and in any amount that the Director may fix for the faithful performance of all the conditions and covenants of the lease, contract or deed. The proceeds arising from any contract, deed, or lease shall be deposited into the state treasury to the credit of the State Park Conservation Resources Fund established in subsection A of § <a href='http://law.lis.virginia.gov/vacode/10.1-202/'>10.1-202</a>.</p><p>1978, c. 835, § 10-17.114; 1980, c. 451; 1984, c. 739; 1987, c. 453; 1988, c. 891; 2003, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0079'>79</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0089'>89</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-111/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-112
|
10.1-112
|
Capital improvement projects
|
<p>The Director is authorized to make and execute leases and contracts in the name of the Commonwealth for the development and operation of revenue-producing capital improvement projects in Virginia state parks upon the written approval of the Governor. Prior to approval, the Governor shall consider the written recommendation of the Director of the Department of General Services and the Attorney General shall review such leases and contracts as to form.</p><p>Any contract or lease for the development and operation of the capital improvement project shall be in accordance with the provisions of the Virginia Public Procurement Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4300/'>2.2-4300</a> et seq.). The accepted bidder shall give a performance bond for the construction, operation and maintenance of the project with good and sufficient surety in an amount fixed by the Director for the faithful performance of the conditions and covenants of such lease or contract.</p><p>Such lease or contract, with an initial term not exceeding 30 years, shall be subject to terms, conditions, and limitations as the Director may prescribe and may be renewed with the approval of the Director. The proceeds arising from a contract or lease executed pursuant to this section shall be paid into the State Park Conservation Resources Fund established in subsection A of § <a href='http://law.lis.virginia.gov/vacode/10.1-202/'>10.1-202</a>.</p><p>1987, c. 835, § 10-17.114; 1980, c. 451; 1984, c. 739; 1987, c. 453; 1988, c. 891; 1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0168'>168</a>; 2003, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0079'>79</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0089'>89</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-112/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-113
|
10.1-113
|
Sale of trees
|
<p>For the purpose of managing Departmental lands or maintaining the production of forest products in Departmental lands, the Director, upon the recommendation of the State Forester, may designate and appraise trees to be cut under the principles of scientific forest management, and may sell them for not less than their appraised value. When the appraised value of the trees to be sold is more than $50,000, the Director, before selling them, shall receive bids, after notice by publication once a week for two weeks in two newspapers of general circulation; but the Director shall have the right to reject any and all bids and to readvertise for bids. The proceeds arising from the sale of the timber and trees from state park lands shall be paid into the State Park Conservation Resources Fund established in subsection A of § <a href='http://law.lis.virginia.gov/vacode/10.1-202/'>10.1-202</a>. The proceeds arising from the sale of the timber and trees from natural area preserves owned by the Department in fee simple shall be paid into the Natural Area Preservation Fund established in § <a href='http://law.lis.virginia.gov/vacode/10.1-215/'>10.1-215</a>.</p><p>1988, c. 891; 2003, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0079'>79</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0089'>89</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0158'>158</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-113/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-114
|
10.1-114
|
Commemorative facilities and historic sites management; duties of Director
|
<p>In order to further public understanding and appreciation of the persons, places and events that contributed substantially to the development and enhancement of our Commonwealth's and nation's democratic and social values and ideals and in order to encourage, stimulate and support the identification, protection, preservation and rehabilitation of the Department's significant historic, architectural and archaeological sites, the Director has the following duties:</p><p>1. To ensure that Departmental historical and cultural facilities are suitable for public, patriotic, educational and recreational assemblies and events;</p><p>2. To plan, establish, construct, operate, maintain and manage historic museums, commemorative memorials and other facilities as directed by acts of the General Assembly;</p><p>3. To acquire lands, property and structures deemed necessary to the purposes of this chapter by purchase, lease, gift, devise or condemnation proceedings. The title to land and property acquired shall be in the name of the Commonwealth. In the exercise of the power of eminent domain granted under this section, the Director may proceed in the manner provided in Chapter 3 (§ <a href='http://law.lis.virginia.gov/vacode/25.1-300/'>25.1-300</a> et seq.) of Title 25.1; and</p><p>4. To lease acquired property to any person, association, firm or corporation for terms and conditions determined by the Director with the Governor's consent.</p><p>1989, c. 656; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0940'>940</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-114/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-114.1
|
10.1-114.1
|
Directory of cultural heritage sites
|
<p>A. The Director is authorized to develop a state directory of cultural heritage facilities and sites. The directory shall recognize commemorative and historic facilities and sites that interpret significant aspects of national, state, or regional culture or history. Sites included in the directory shall not be owned or operated by state agencies.</p><p>B. Owners or managers of a potential commemorative or historic facility desiring to be included in the directory of cultural heritage sites shall submit an application to the Department. To be eligible for inclusion in the directory, the application shall include a discussion of the cultural and historic significance of the facility or site; a description of how the facility or site is staffed and managed; information on any oversight or advisory boards, including their mission statements and goals; information regarding the accessibility of the site to persons with special needs; information confirming the availability of the facility or site to the public for tours and educational or recreational programs on a regular basis; letters of support from local governments, chambers of commerce, tourism bureaus, or other supporting entities; and other information as the Department determines to be necessary. The Department may develop additional qualification criteria and application materials that may be necessary to implement the registry program. Such criteria may be adopted by the Director after considering the recommendations of the Board of Conservation and Recreation.</p><p>C. The Director shall evaluate whether the facility or site qualifies for inclusion in the directory. In evaluating the facility or site, the Director shall consult with the Department of Historic Resources, the Virginia Tourism Corporation, and other state and federal agencies when such consultation would benefit the evaluation.</p><p>D. The Director shall present any findings to the Board for its recommendation. Upon the favorable recommendation of the Board, the Director may designate a facility or site for inclusion in the directory with the Governor's written approval.</p><p>E. The Department shall maintain the directory of cultural heritage facilities and sites on its website and actively promote those facilities or sites.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0029'>29</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-114.1/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-115
|
10.1-115
|
Appointment of conservation officers; qualifications; oath
|
<p>A. The Director, when he deems it necessary, may request the Governor to commission an individual designated by the Director to act as a conservation officer of the Commonwealth. Upon concurring with the Director's request, the Governor shall direct the Secretary of the Commonwealth to issue a conservation officer commission to the designated individual. The Secretary of the Commonwealth shall deliver a copy of the commission to the Director. Any individual so commissioned shall hold his commission during his term of employment with the Department, subject to the provisions of § <a href='http://law.lis.virginia.gov/vacode/10.1-118/'>10.1-118</a>.</p><p>B. The Director, upon the request of the Breaks Interstate Park Commission, may request the Governor to commission an individual who meets the requirements of § <a href='http://law.lis.virginia.gov/vacode/10.1-120/'>10.1-120</a> and is designated by the Director to act as a conservation officer of the Commonwealth. Upon concurring with the Director's request, the Governor shall direct the Secretary of the Commonwealth to issue a conservation officer commission to the designated individual. The Secretary of the Commonwealth shall deliver a copy of the commission to the Director.</p><p>C. To be qualified to receive a conservation officer commission, a person shall (i) be at least 21 years of age and (ii) have graduated from high school or obtained an equivalent diploma.</p><p>D. Each conservation officer shall qualify before the clerk of the circuit court of the city or county in which he resides, or in which he first is assigned duty, by taking the oaths prescribed by law. An employee of the Breaks Interstate Park Commission shall qualify before the clerk of the circuit court of Dickenson County.</p><p>E. The Director may designate certain conservation officers 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.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0205'>205</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0064'>64</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0489'>489</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-115/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-116
|
10.1-116
|
Jurisdiction of conservation officers
|
<p>Conservation 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 property operated by the Breaks Interstate Park Commission within the Commonwealth of Virginia with the written agreement of the Commission, 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 § <a href='http://law.lis.virginia.gov/vacode/15.2-1736/'>15.2-1736</a>.</p><p>Special conservation officers appointed pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-115/'>10.1-115</a> shall have jurisdiction throughout the Commonwealth.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0205'>205</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0087'>87</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0064'>64</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0489'>489</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-116/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-117
|
10.1-117
|
Powers and duties of conservation officers
|
<p>A. It shall be the duty of all conservation officers to uphold and enforce the laws of the Commonwealth, the regulations of the Department, and the rules and regulations of the Breaks Interstate Park Commission.</p><p>B. Commissioned conservation officers shall be law-enforcement officers and shall have the power to enforce the laws of the Commonwealth, the regulations of the Department and the collegial bodies under administrative support of the Department, and the rules and regulations of the Breaks Interstate Park Commission. 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.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0205'>205</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0088'>88</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0064'>64</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0489'>489</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-117/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-118
|
10.1-118
|
Decommissioning of conservation officers
|
<p>Upon separation from the Department or the Breaks Interstate Park Commission, incapacity, death, or other good cause, the Director may recommend in writing the decommissioning of any conservation officer to the Governor. Upon concurring with the Director's request, the Governor shall direct the Secretary of the Commonwealth to issue a certificate of decommissioning to the conservation officer. The Secretary of the Commonwealth shall deliver a copy of the certificate to the Director. Upon receipt of the decommissioning certificate, the Director shall ensure that the certificate is recorded at the office of the clerk of the circuit court of any city or county in which the individual took his oath of office.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0205'>205</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0064'>64</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0489'>489</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-118/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-119
|
10.1-119
|
Defense of conservation officer of the Department prosecuted on criminal charges
|
<p>If any conservation officer shall be brought before any regulatory body, summoned before any grand jury, investigated by any other law-enforcement agency, or arrested or indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Director may employ special counsel approved by the Attorney General to defend such officer. Upon a finding that (i) the officer did not violate a law or regulation resulting from the act that was the subject of the investigation and (ii) the officer will not be terminated from employment as the result of such act, the Director shall arrange for payment for the special counsel employed. The compensation for special counsel employed pursuant to this section shall, subject to the approval of the Attorney General, be paid out of the funds appropriated for the administration of the Department of Conservation and Recreation or the Breaks Interstate Park Commission as may be applicable.</p><p>2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0595'>595</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0064'>64</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0489'>489</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-119/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-120
|
10.1-120
|
Commissioning of Breaks Interstate Park Commission employees as conservation officers
|
<p>A. The Director shall ensure that an employee of the Breaks Interstate Park Commission whom the Commission recommends for commissioning as a conservation officer in accordance with subsection B of § <a href='http://law.lis.virginia.gov/vacode/10.1-115/'>10.1-115</a> meets the minimum qualifications for law-enforcement officers set out in § <a href='http://law.lis.virginia.gov/vacode/15.2-1705/'>15.2-1705</a>, is subject to the minimum training standards set out in § <a href='http://law.lis.virginia.gov/vacode/9.1-114/'>9.1-114</a>, abides by the Department's law-enforcement in-service training requirements, and abides by the law-enforcement directives of the Department unless exceptions by the Department are granted in writing. For the purposes of law-enforcement directives, the Breaks Interstate Park shall be treated as a Virginia State Park.</p><p>B. The Commission shall bear the expenses associated with training and equipping a Commission employee as a conservation officer to Department standards unless the Department agrees otherwise.</p><p>2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0064'>64</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0489'>489</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter1/section10.1-120/
|
VA:Title-10.1-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1000
|
10.1-1000
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Board" means the Cave Board.</p><p>"Cave" means any naturally occurring void, cavity, recess, or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems, but not including any mine, tunnel, aqueduct, or other man-made excavation, which is large enough to permit a person to enter. The word "cave" includes or is synonymous with cavern, sinkhole, natural pit, grotto, and rock shelter.</p><p>"Cave life" means any rare or endangered animal or other life form which normally occurs in, uses, visits, or inhabits any cave or subterranean water system.</p><p>"Commercial cave" means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry.</p><p>"Gate" means any structure or device located to limit or prohibit access or entry to any cave.</p><p>"Material" means all or any part of any archaeological, paleontological, biological, or historical item including, but not limited to, any petroglyph, pictograph, basketry, human remains, tool, beads, pottery, projectile point, remains of historical mining activity or any other occupation found in any cave.</p><p>"Owner" means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land, and including the Commonwealth and any of its agencies, departments, boards, bureaus, commissions, or authorities, as well as counties, municipalities, and other political subdivisions of the Commonwealth.</p><p>"Person" means any individual, partnership, firm, association, trust, or corporation or other legal entity.</p><p>"Sinkhole" means a closed topographic depression or basin, generally draining underground, including, but not restricted to, a doline, uvala, blind valley, or sink.</p><p>"Speleogen" means an erosional feature of the cave boundary and includes or is synonymous with anastomoses, scallops, rills, flutes, spongework, and pendants.</p><p>"Speleothem" means a natural mineral formation or deposit occurring in a cave. This includes or is synonymous with stalagmite, stalactite, helectite, shield, anthodite, gypsum flower and needle, angel's hair, soda straw, drapery, bacon, cave pearl, popcorn (coral), rimstone dam, column, palette, flowstone, et cetera. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite, and other similar minerals.</p><p>1979, c. 252, § 10-150.12; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10/section10.1-1000/
|
VA:Title-10.1-Chapter-10
|
10
|
Cave Protection Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1001
|
10.1-1001
|
Cave Board; qualifications; officers
|
<p>A. The Cave Board is continued within the Department of Conservation and Recreation and shall consist of the Director of the Department of Historic Resources, or his designee, serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four-year terms. Appointments shall be made on the basis of activity and knowledge in the conservation, exploration, study and management of caves.</p><p>B. The Cave Board shall meet at least three times a year. Six members shall constitute a quorum for the transaction of business. The Board shall annually elect a chairman, vice-chairman and recording secretary and such other officers as the Board deems necessary.</p><p>1979, c. 433, §§ 9-152.1, 9-152.2; 1980, c. 745; 1984, c. 750; 1985, c. 448; 1988, c. 891; 1989, c. 656.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10/section10.1-1001/
|
VA:Title-10.1-Chapter-10
|
10
|
Cave Protection Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1002
|
10.1-1002
|
Powers and duties of Cave Board
|
<p>A. The Cave Board may perform all tasks necessary to carry out the purposes of this chapter, including the following:</p><p>1. Accept any gift, money, security or other source of funding and expend such funds to effectuate the purposes of this chapter.</p><p>2. Serve as an advisory board to any requesting state agency on matters relating to caves and karst.</p><p>3. Conduct and maintain an inventory of publicly owned caves in Virginia.</p><p>4. Provide cave management expertise and service to requesting public agencies and cave owners.</p><p>5. Maintain a current list of all significant caves in Virginia and report any real and present danger to such caves.</p><p>6. Provide cave data for use by state and other governmental agencies.</p><p>7. Publish or assist in publishing articles, pamphlets, brochures or books on caves and cave-related concerns.</p><p>8. Facilitate data gathering and research efforts on caves.</p><p>9. Advise civil defense authorities on the present and future use of Virginia caves in civil defense.</p><p>10. Advise on the need for and desirability of a state cave recreation plan.</p><p>11. Inform the public about the value of cave resources and the importance of preserving them for the citizens of the Commonwealth.</p><p>B. The Cave Board shall have the duty to:</p><p>1. Protect the rare, unique and irreplaceable minerals and archaeological resources found in caves.</p><p>2. Protect and maintain cave life.</p><p>3. Protect the ground water flow which naturally occurs in caves from water pollution.</p><p>4. Protect the integrity of caves that have unique characteristics or are exemplary natural community types.</p><p>5. Make recommendations to interested state agencies concerning any proposed rule, regulation or administrative policy which directly affects the use and conservation of caves in this Commonwealth.</p><p>6. Study any matters of special concern relating to caves and karst.</p><p>1979, c. 252, § 10-150.11; 1979, c. 433, §§ 9-152.1, 9-152.3 to 9-152.5; 1980, c. 745; 1984, cc. 734, 750; 1985, c. 448; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10/section10.1-1002/
|
VA:Title-10.1-Chapter-10
|
10
|
Cave Protection Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1003
|
10.1-1003
|
Permits for excavation and scientific investigation; how obtained; penalties
|
<p>A. In addition to the written permission of the owner required by § <a href='/vacode/10.1-1004/'>10.1-1004</a>, a permit shall be obtained from the Department prior to excavating or removing any archaeological, paleontological, prehistoric, or historic feature of any cave. Prior to issuing any permit in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § <a href='/vacode/2.2-401.01/'>2.2-401.01</a>, the Department shall consult with any federally recognized Tribal Nation in the Commonwealth pursuant to § <a href='/vacode/10.1-104.02/'>10.1-104.02</a>. The Department shall issue a permit to excavate or remove such a feature if it finds, with the concurrence of the Director of the Department of Historic Resources, that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section. The permit shall be issued for a period of two years and may be renewed upon expiration. Such permit shall not be transferable; however, the provisions of this section shall not preclude any person from working under the direct supervision of the permittee.</p><p>B. All field investigations, explorations, or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic, scientific, archaeologic, and educational information may be recovered and preserved in addition to the physical recovery of objects.</p><p>C. A person applying for a permit pursuant to this section shall:</p><p>1. Be a historic, scientific, or educational institution, or a professional or amateur historian, biologist, archaeologist, or paleontologist, who is qualified and recognized in these areas of field investigations.</p><p>2. Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work.</p><p>3. Provide data and results of any completed excavation, study, or collection at the first of each calendar year.</p><p>4. Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned land.</p><p>5. Carry the permit while exercising the privileges granted.</p><p>D. Any person who fails to obtain a permit required by subsection A is guilty of a Class 1 misdemeanor. Any violation of subsection C is punishable as a Class 3 misdemeanor, and the permit shall be revoked.</p><p>E. The provisions of this section shall not apply to any person in any cave located on his own property.</p><p>1979, c. 252, § 10-150.16; 1982, c. 81; 1984, c. 750; 1988, c. 891; 1989, c. 656; 2024, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0830'>830</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10/section10.1-1003/
|
VA:Title-10.1-Chapter-10
|
10
|
Cave Protection Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1004
|
10.1-1004
|
Vandalism; penalties
|
<p>A. It shall be unlawful for any person, without express, prior, written permission of the owner, to:</p><p>1. Break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural material which may be found therein, whether attached or broken, including speleothems, speleogens, and sedimentary deposits. The provisions of this section shall not prohibit minimal disturbance for scientific exploration.</p><p>2. Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained.</p><p>3. Remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this chapter.</p><p>4. Excavate, remove, destroy, injure, deface, or in any manner disturb any burial grounds, historic or prehistoric resources, archaeological or paleontological site or any part thereof, including relics, inscriptions, saltpeter workings, fossils, bones, remains of historical human activity, or any other such features which may be found in any cave, except those caves owned by the Commonwealth or designated as Commonwealth archaeological sites or zones, and which are subject to the provisions of the Virginia Antiquities Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-2300/'>10.1-2300</a> et seq.).</p><p>B. Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section.</p><p>C. Any violation of this section shall be punished as a Class 1 misdemeanor.</p><p>D. The provisions of this section shall not apply to an owner of a cave on his own property.</p><p>1979, c. 252, § 10-150.13; 1982, c. 81; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10/section10.1-1004/
|
VA:Title-10.1-Chapter-10
|
10
|
Cave Protection Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1005
|
10.1-1005
|
Pollution; penalties
|
<p>A. It shall be unlawful for any person, without express, prior, written permission of the owner, to store, dump, litter, dispose of or otherwise place any refuse, garbage, dead animals, sewage, or toxic substances harmful to cave life or humans, in any cave or sinkhole. It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave.</p><p>B. Any violation of this section shall be punished as a Class 1 misdemeanor.</p><p>1979, c. 252, § 10-150.14; 1982, c. 81; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10/section10.1-1005/
|
VA:Title-10.1-Chapter-10
|
10
|
Cave Protection Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1006
|
10.1-1006
|
Disturbance of naturally occurring organisms; scientific collecting permits; penalties
|
<p>A. It shall be unlawful to remove, kill, harm, or otherwise disturb any naturally occurring organisms within any cave, except for safety or health reasons; however, scientific collecting permits may be obtained from the Department.</p><p>B. Any violation of this section shall be punished as a Class 3 misdemeanor.</p><p>1979, c. 252, § 10-150.15; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10/section10.1-1006/
|
VA:Title-10.1-Chapter-10
|
10
|
Cave Protection Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1007
|
10.1-1007
|
Sale of speleothems; penalties
|
<p>It shall be unlawful for any person to sell or offer for sale any speleothems in this Commonwealth, or to export them for sale outside the Commonwealth. Any violation of this section shall be punished as a Class 1 misdemeanor.</p><p>1979, c. 252, § 10-150.17; 1982, c. 81; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10/section10.1-1007/
|
VA:Title-10.1-Chapter-10
|
10
|
Cave Protection Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1008
|
10.1-1008
|
Liability of owners and agents limited; sovereign immunity of Commonwealth not waived
|
<p>Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave, notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made.</p><p>Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards, departments, bureaus, or agencies.</p><p>1979, c. 252, § 10-150.18; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10/section10.1-1008/
|
VA:Title-10.1-Chapter-10
|
10
|
Cave Protection Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1009
|
10.1-1009
|
Definitions
|
<p>As used in this chapter, unless the context otherwise requires:</p><p>"Conservation easement" means a nonpossessory interest of a holder in real property, whether easement appurtenant or in gross, acquired through gift, purchase, devise, or bequest imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural or open-space values of real property, assuring its availability for agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of real property.</p><p>"Holder" means a charitable corporation, charitable association, or charitable trust which has been declared exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and the primary purposes or powers of which include: (i) retaining or protecting the natural or open-space values of real property; (ii) assuring the availability of real property for agricultural, forestal, recreational, or open-space use; (iii) protecting natural resources; (iv) maintaining or enhancing air or water quality; or (v) preserving the historic, architectural or archaeological aspects of real property.</p><p>"Public body" means any entity defined in § <a href='http://law.lis.virginia.gov/vacode/10.1-1700/'>10.1-1700</a>.</p><p>"Third party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association or charitable trust which, although eligible to be a holder, is not a holder.</p><p>1988, cc. 720, 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.1/section10.1-1009/
|
VA:Title-10.1-Chapter-10.1
|
10.1
|
VIRGINIA CONSERVATION EASEMENT ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1010
|
10.1-1010
|
Creation, acceptance and duration
|
<p>A. A holder may acquire a conservation easement by gift, purchase, devise or bequest.</p><p>B. No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.</p><p>C. A conservation easement shall be perpetual in duration unless the instrument creating it otherwise provides a specific time. For all easements, the holder shall (i) meet the criteria in § <a href='/vacode/10.1-1009/'>10.1-1009</a> and (ii) either have had a principal office in the Commonwealth for at least five years, or be a national organization in existence for at least five years which has an office in the Commonwealth and has registered and is in good standing with the State Corporation Commission. Until a holder has met these requirements, the holder may co-hold a conservation easement with another holder that meets the requirements.</p><p>D. An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it in writing.</p><p>E. No conservation easement shall be valid and enforceable unless the limitations or obligations created thereby conform in all respects to the comprehensive plan at the time the easement is granted for the area in which the real property is located.</p><p>F. This chapter does not affect the power of the court to modify or terminate a conservation easement in accordance with the principles of law and equity, or in any way limit the power of eminent domain as possessed by any public body. In any such proceeding the holder of the conservation easement shall be compensated for the value of the easement.</p><p>1988, cc. 720, 891; 2000, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0182'>182</a>; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP1014'>1014</a>; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0364'>364</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.1/section10.1-1010/
|
VA:Title-10.1-Chapter-10.1
|
10.1
|
VIRGINIA CONSERVATION EASEMENT ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1011
|
10.1-1011
|
Taxation
|
<p>A. Where an easement held pursuant to this chapter or the Open-Space Land Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1700/'>10.1-1700</a> et seq.) by its terms is perpetual, neither the interest of the holder of a conservation easement nor a third-party right of enforcement of such an easement shall be subject to state or local taxation nor shall the owner of the fee be taxed for the interest of the holder of the easement.</p><p>B. Assessments of the fee interest in land that is subject to a perpetual conservation easement held pursuant to this chapter or the Open-Space Land Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1700/'>10.1-1700</a> et seq.) shall reflect the reduction in the fair market value of the land that results from the inability of the owner of the fee to use such property for uses terminated by the easement. To ensure that the owner of the fee is not taxed on the value of the interest of the holder of the easement, the fair market value of such land (i) shall be based only on uses of the land that are permitted under the terms of the easement and (ii) shall not include any value attributable to the uses or potential uses of the land that have been terminated by the easement.</p><p>C. Notwithstanding the provisions of subsection B, land which is (i) subject to a perpetual conservation easement held pursuant to this chapter or the Open-Space Land Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1700/'>10.1-1700</a> et seq.), (ii) devoted to open-space use as defined in § <a href='http://law.lis.virginia.gov/vacode/58.1-3230/'>58.1-3230</a>, and (iii) in any county, city or town which has provided for land use assessment and taxation of any class of land within its jurisdiction pursuant to § <a href='http://law.lis.virginia.gov/vacode/58.1-3231/'>58.1-3231</a> or § <a href='http://law.lis.virginia.gov/vacode/58.1-3232/'>58.1-3232</a>, shall be assessed and taxed at the use value for open space, if the land otherwise qualifies for such assessment at the time the easement is dedicated. If an easement is in existence at the time the locality enacts land use assessment, the easement shall qualify for such assessment. Once the land with the easement qualifies for land use assessment, it shall continue to qualify so long as the locality has land use assessment.</p><p>1988, cc. 720, 891; 1993, c. 390; 1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0487'>487</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.1/section10.1-1011/
|
VA:Title-10.1-Chapter-10.1
|
10.1
|
VIRGINIA CONSERVATION EASEMENT ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1012
|
10.1-1012
|
Notification
|
<p>Whenever any instrument conveying a conservation easement is recorded after July 1, 1988, the party responsible for recording it or his agent shall mail certified copies thereof, together with any attached plats and a notice specifying the date and place of recordation, to the commissioner of revenue for the local jurisdiction in which the real property subject thereto is located, the Director of the Department of Conservation and Recreation, the Virginia Outdoors Foundation, and to any other public body named in such instrument. Whenever any conservation easement is on lands that are part of or contain a historic place or landmark listed on either the National Register of Historic Places or the Virginia Landmarks Register, any notice required by this section shall also be given to the Director of the Department of Historic Resources.</p><p>1988, cc. 720, 891; 2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0207'>207</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.1/section10.1-1012/
|
VA:Title-10.1-Chapter-10.1
|
10.1
|
VIRGINIA CONSERVATION EASEMENT ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1013
|
10.1-1013
|
Standing
|
<p>An action affecting a conservation easement may be brought by:</p><p>1. An owner of an interest in real property burdened by the easement;</p><p>2. A holder of the easement;</p><p>3. A person having an express third-party right of enforcement;</p><p>4. The Attorney General of the Commonwealth;</p><p>5. The Virginia Outdoors Foundation;</p><p>6. The Virginia Historic Landmarks Board;</p><p>7. The local government in which the real property is located; or</p><p>8. Any other governmental agency or person with standing under other statutes or common law.</p><p>1988, cc. 720, 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.1/section10.1-1013/
|
VA:Title-10.1-Chapter-10.1
|
10.1
|
VIRGINIA CONSERVATION EASEMENT ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1014
|
10.1-1014
|
Validity
|
<p>A conservation easement is valid even though:</p><p>1. It is not appurtenant to an interest in real property;</p><p>2. It can be or has been assigned to another holder;</p><p>3. It is not of a character that has been recognized traditionally at common law;</p><p>4. It imposes a negative burden;</p><p>5. It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;</p><p>6. The benefit does not touch or concern real property; or</p><p>7. There is no privity of estate or of contract.</p><p>Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.</p><p>1988, cc. 720, 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.1/section10.1-1014/
|
VA:Title-10.1-Chapter-10.1
|
10.1
|
VIRGINIA CONSERVATION EASEMENT ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1015
|
10.1-1015
|
Conveyance to the Commonwealth
|
<p>Whenever any holder as defined in this chapter, or the successors or assigns thereof, shall cease to exist, any conservation easement and any right of enforcement held by it shall vest in the Virginia Outdoors Foundation, unless the instrument creating the easement otherwise provides for its transfer to some other holder or public body. In an easement vested in the Virginia Outdoors Foundation by operation of the preceding sentence, the Foundation may retain it or thereafter convey it to any other public body or any holder the Foundation deems most appropriate to hold and enforce such interest in accordance with the purpose of the original conveyance of the easement.</p><p>1988, cc. 720, 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.1/section10.1-1015/
|
VA:Title-10.1-Chapter-10.1
|
10.1
|
VIRGINIA CONSERVATION EASEMENT ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1016
|
10.1-1016
|
Savings clause
|
<p>Nothing herein shall in any way affect the power of a public body under any other statute, including without limitation the Virginia Outdoors Foundation and the Virginia Historic Landmarks Board, to acquire and hold conservation easements or affect the terms of any such easement held by any public body.</p><p>1988, cc. 720, 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.1/section10.1-1016/
|
VA:Title-10.1-Chapter-10.1
|
10.1
|
VIRGINIA CONSERVATION EASEMENT ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1016.1
|
10.1-1016.1
|
Construction
|
<p>Notwithstanding any provision of law to the contrary, an easement held pursuant to this chapter shall be construed in favor of achieving the conservation purposes for which it was created.</p><p>2021, Sp. Sess. I, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0274'>274</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0317'>317</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.1/section10.1-1016.1/
|
VA:Title-10.1-Chapter-10.1
|
10.1
|
VIRGINIA CONSERVATION EASEMENT ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1017
|
10.1-1017
|
Foundation created
|
<p>There is hereby created the Virginia Land Conservation Foundation, hereinafter referred to as the Foundation, a body politic and corporate to have such powers and duties as hereinafter provided.</p><p>1992, c. 426; 1999, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0900'>900</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0906'>906</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1017/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1018
|
10.1-1018
|
Virginia Land Conservation Board of Trustees; membership; terms; vacancies; compensation and expenses
|
<p>A. The Foundation shall be governed and administered by a Board of Trustees (the Board). The Board shall have a total membership of 20 members that shall consist of 18 citizen members and two ex officio voting members as follows: four citizen members, who may be members of the House of Delegates, to be appointed by the Speaker of the House of Delegates and, if such members are members of the House of Delegates, in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; two citizen members, who may be members of the Senate, to be appointed by the Senate Committee on Rules; 12 nonlegislative citizen members, one from each of the 11 congressional districts and one member of a state-recognized or federally recognized Virginia Indian Tribe, to be appointed by the Governor; and the Secretary of Natural and Historic Resources, or his designee, and the Secretary of Agriculture and Forestry, or his designee, to serve ex officio with voting privileges. Nonlegislative citizen members shall be appointed for four-year terms, except that initial appointments shall be made for terms of one to four years in a manner whereby no more than six members shall have terms that expire in the same year. Legislative members and the ex officio member shall serve terms coincident with their terms of office. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed. However, no Senate member shall serve more than two consecutive four-year terms, no House member shall serve more than four consecutive two-year terms, and no nonlegislative citizen member shall serve more than two consecutive four-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Nonlegislative citizen members shall have experience or expertise, professional or personal, in one or more of the following areas: natural resource protection and conservation, construction and real estate development, natural habitat protection, environmental resource inventory and identification, forestry management, farming, farmland preservation, fish and wildlife management, historic preservation, and outdoor recreation. At least one of the nonlegislative citizen members shall be a farmer. Members of the Board shall post bond in the penalty of $5,000 with the State Comptroller prior to entering upon the functions of office.</p><p>B. The Secretary of Natural and Historic Resources shall serve as the chairman of the Board. The chairman shall serve until his successor is appointed. The members appointed as provided in subsection A shall elect a vice-chairman annually from among the members of the Board. A majority of the members of the Board serving at any one time shall constitute a quorum for the transaction of business. The Board shall meet at the call of the chairman or whenever a majority of the members so request.</p><p>C. Trustees of the Foundation shall receive no compensation for their services. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties on behalf of the Foundation as provided in §§ <a href='/vacode/2.2-2813/'>2.2-2813</a> and <a href='/vacode/2.2-2825/'>2.2-2825</a>. Funding for the costs of expenses of the members shall be provided by the Department of Conservation and Recreation.</p><p>D. The chairman of the Board and any other person designated by the Board to handle the funds of the Foundation shall give bond, with corporate surety, in such penalty as is fixed by the Governor, conditioned upon the faithful discharge of his duties. The premium on the bonds shall be paid from funds available to the Foundation for such purpose.</p><p>E. The Board shall seek assistance in developing grant criteria and advice on grant priorities and any other appropriate issues from a task force consisting of the following agency heads or their designees: the Director of the Department of Conservation and Recreation, the Commissioner of Agriculture and Consumer Services, the State Forester, the Director of the Department of Historic Resources, the Director of the Department of Wildlife Resources and the Executive Director of the Virginia Outdoors Foundation. The Board may request any other agency head to serve on or appoint a designee to serve on the task force.</p><p>1992, c. 426; 1999, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0900'>900</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0906'>906</a>; 2000, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0021'>21</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0294'>294</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0494'>494</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1053'>1053</a>; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0885'>885</a>; 2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0633'>633</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0758'>758</a>; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0045'>45</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0958'>958</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0401'>401</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0705'>705</a>; 2023, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0222'>222</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1018/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1018.1
|
10.1-1018.1
|
Reporting
|
<p>The chairman of the Board shall submit to the Governor and the General Assembly, including the Chairmen of the House Committee on Appropriations, the House Committee on Agriculture, Chesapeake and Natural Resources, the Senate Committee on Finance and Appropriations, and the Senate Committee on Agriculture, Conservation and Natural Resources, and to the Director of the Department of Planning and Budget an executive summary and report of the activity and work of the Board on or before December 15 of each year. The document shall report on the status of the Foundation and its Fund, including (i) land conservation targeting tools developed for the Foundation; (ii) descriptions of projects that received funding; (iii) a description of the geographic distribution of land protected as provided in § <a href='/vacode/10.1-1021.1/'>10.1-1021.1</a>; (iv) expenditures from, interest earned by, and financial obligations of the Fund; and (v) progress made toward recognized state and regional land conservation goals, including what percentage of properties conserved were identified by ConserveVirginia, pursuant to § <a href='/vacode/10.1-104.6:1/'>10.1-104.6:1</a>, and a summary of the conservation values that were protected. The report shall also estimate the funds needed to achieve goals established by the Board for (a) natural area protection, (b) open spaces and parks, (c) farmland preservation, (d) forest land preservation, (e) historical and cultural sites, (f) meeting the needs of under-resourced communities, and (g) any other goal determined by the Board. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.</p><p>2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0633'>633</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0099&212+ful+CHAP0099'>99</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0705'>705</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1018.1/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1019
|
10.1-1019
|
Executive secretary; land management
|
<p>A. The Director of the Department of Conservation and Recreation shall serve as executive secretary to the Foundation and shall be responsible for providing technical assistance and performing any administrative duties that the Foundation may direct.</p><p>B. The Department of Conservation and Recreation shall administer the Foundation's lands as if such lands were departmental lands, and the regulations established by the Director for the management and protection of departmental lands shall apply to real estate held by the Foundation. The Department's conservation officers commissioned under § <a href='http://law.lis.virginia.gov/vacode/10.1-115/'>10.1-115</a> shall have jurisdiction on all of the Foundation's lands and waters.</p><p>1992, c. 426; 2000, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1053'>1053</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1019/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1020
|
10.1-1020
|
Virginia Land Conservation Fund; purposes of Foundation
|
<p>A. The Foundation shall establish, administer, manage, including the creation of reserves, and make expenditures and allocations from a special, nonreverting fund in the state treasury to be known as the Virginia Land Conservation Fund, hereinafter referred to as the Fund. The Foundation shall establish and administer the Fund solely for the purposes of:</p><p>1. Acquiring fee simple title or other rights, including the purchase of development rights, to interests or privileges in property for the protection or preservation of ecological, cultural or historical resources, lands for recreational purposes, state forest lands, and lands for threatened or endangered species, fish and wildlife habitat, natural areas, agricultural and forestal lands and open space, and for conservation and restoration of homelands for state-recognized and federally recognized Virginia Indian Tribes; and</p><p>2. Providing grants to state agencies, including the Virginia Outdoors Foundation and state-recognized and federally recognized Virginia Indian Tribes, and matching grants to other public bodies and holders for acquiring fee simple title or other rights, including the purchase of development rights, to interests or privileges in real property for the protection or preservation of ecological, cultural or historical resources, lands for recreational purposes, and lands for threatened or endangered species, fish and wildlife habitat, natural areas, agricultural and forestal lands and open space. The Board shall establish criteria for making grants from the Fund, including procedures for determining the amount of each grant and the required match. The criteria shall include provisions for grants to localities for purchase of development rights programs.</p><p>Interests in land acquired as provided in subdivision 1 may be held by the Foundation, state agencies, state-recognized or federally recognized Virginia Indian Tribes, other public bodies, and appropriate holders. Whenever a holder acquires any interest in land other than a fee simple interest as a result of a grant or transfer from the Foundation, such interest shall be held jointly by the holder and a public body. Whenever a holder acquires a fee simple interest in land as a result of a grant or transfer from the Foundation, a public body shall hold an open space easement in such land.</p><p>B. The Fund shall consist of general fund moneys and gifts, endowments or grants from the United States government, its agencies and instrumentalities, and funds from any other available sources, public or private. Such moneys, gifts, endowments, grants or funds from other sources may be either restricted or unrestricted. For the purposes of this chapter, "restricted funds" shall mean those funds received by the Board to which specific conditions apply; "restricted funds" shall include, but not be limited to, general obligation bond moneys and conditional gifts. "Unrestricted funds" shall mean those received by the Foundation to which no specific conditions apply; "unrestricted funds" shall include, but not be limited to, moneys appropriated to the Fund by the General Assembly to which no specific conditions are attached and unconditional gifts.</p><p>C. In any fiscal year for which the Fund is appropriated less than $10 million, and after an allocation for administrative expenses has been made as provided in subsection G, the remaining unrestricted funds in the Fund shall be allocated as follows:</p><p>1. Twenty-five percent shall be transferred to the Virginia Outdoors Foundation's Open-Space Lands Preservation Trust Fund to be used as provided in § <a href='/vacode/10.1-1801.1/'>10.1-1801.1</a>; and</p><p>2. Seventy-five percent shall be divided equally among the following four grant uses: (i) natural area protection; (ii) open spaces and parks, including but not limited to, land for public hunting, fishing or wildlife watching; (iii) farmlands and forest preservation; and (iv) historic area preservation. Of the amount allocated as provided in this subdivision, at least one third shall be used to secure easements to be held or co-held by a public body.</p><p>D. In any fiscal year for which the Fund is appropriated $10 million or more, and after an allocation for administrative expenses has been made as provided in subsection G, the remaining unrestricted funds in the Fund shall be allocated as follows:</p><p>1. Twenty-five percent shall be transferred to the Virginia Outdoors Foundation's Open-Space Lands Preservation Trust Fund to be used as provided in § <a href='/vacode/10.1-1801.1/'>10.1-1801.1</a>; and</p><p>2. The remaining funds shall be divided equally among the following five grant uses: (i) natural area protection; (ii) open spaces and parks, including but not limited to, land for public hunting, fishing, or wildlife watching; (iii) farmland preservation; (iv) forestland conservation; and (v) historic area preservation.</p><p>E. Any moneys remaining in the Fund at the end of a biennium shall remain in the Fund, and shall not revert to the general fund. Interest earned on moneys received by the Fund other than bond proceeds shall remain in the Fund and be credited to it. Any funds transferred to the Open-Space Lands Preservation Trust Fund pursuant to this section and not disbursed or committed to a project by the end of the fiscal year in which the funds were transferred shall be returned to the Virginia Land Conservation Fund and shall be redistributed among the authorized grant uses during the next grant cycle.</p><p>F. A portion of the Fund, not to exceed 20 percent of the annual balance of unrestricted funds, may be used to develop properties purchased in fee simple, or through the purchase of development rights, with the assets of the Fund for public use including, but not limited to, development of trails, parking areas, infrastructure, and interpretive projects or to conduct environmental assessments or other preliminary evaluations of properties prior to the acquisition of any property interest.</p><p>G. Up to $250,000 per year of the interest generated by the Fund may be used for the Foundation's administrative expenses, including, but not limited to, the expenses of the Board and its members, development of the Foundation's strategic plan, development and maintenance of an inventory of properties as provided in subdivision 1 b of § <a href='/vacode/10.1-1021/'>10.1-1021</a>, development of a needs assessment for future expenditures as provided in subdivision 1 c of § <a href='/vacode/10.1-1021/'>10.1-1021</a>, and fulfillment of reporting requirements. All such expenditures shall be subject to approval by the Board of Trustees.</p><p>H. The Comptroller shall maintain the restricted funds and the unrestricted funds in separate accounts.</p><p>I. For the purposes of this section, "public body" shall have the meaning ascribed to it in § <a href='/vacode/10.1-1700/'>10.1-1700</a>, and "holder" shall have the meaning ascribed to it in § <a href='/vacode/10.1-1009/'>10.1-1009</a>.</p><p>1992, c. 426; 1999, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0900'>900</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0906'>906</a>; 2000, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0494'>494</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1053'>1053</a>; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0227'>227</a>; 2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0077'>77</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0673'>673</a>; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0539'>539</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0705'>705</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1020/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1021
|
10.1-1021
|
Powers of the Foundation
|
<p>In order to carry out its purposes, the Foundation shall have the following powers and duties:</p><p>1. To prepare a comprehensive plan that recognizes and seeks to implement all of the purposes for which the Foundation is created. In preparing this plan, the Foundation shall:</p><p>a. Establish criteria for the expenditure of unrestricted moneys received by the Fund. In making grants for the expenditure of such unrestricted moneys, the Board of Trustees shall consider the following criteria, not all of which need to be met in order for a grant to be awarded:</p><p>(1) The ecological, outdoor recreational, historic, agricultural, and forestal value of the property;</p><p>(2) An assessment of market values;</p><p>(3) Consistency with local comprehensive plans;</p><p>(4) Geographical balance of properties and interests in properties to be purchased;</p><p>(5) Availability of public and private matching funds to assist in the purchase;</p><p>(6) Imminent danger of loss of natural, outdoor, recreational, or historic attributes of a significant portion of the land;</p><p>(7) Economic value to the locality and region attributable to the purchase;</p><p>(8) Advisory opinions from local governments, state agencies, or others;</p><p>(9) Whether the property has been identified by ConserveVirginia and whether the proposal seeks to preserve the conservation values identified by ConserveVirginia; and</p><p>(10) Whether the property is in an area lacking outdoor recreation facilities;</p><p>b. Develop an inventory of those properties in which the Commonwealth holds a legal interest for the purpose set forth in subsection A of § <a href='/vacode/10.1-1020/'>10.1-1020</a>;</p><p>c. Develop a needs assessment for future expenditures from the Fund. In developing the needs assessment, the Board of Trustees shall consider among others the properties identified in the following: (i) ConserveVirginia, (ii) Virginia Outdoors Plan, (iii) Virginia Natural Heritage Plan, (iv) Virginia Institute of Marine Science Inventory, (v) Virginia Joint Venture Board of the North American Waterfowl Management Plan, and (vi) Virginia Board of Historic Resources Inventory. In addition, the Board shall consider any information submitted by the Department of Agriculture and Consumer Services on farmland preservation priorities and any information submitted by the Department of Forestry on forest land initiatives and inventories; and</p><p>d. Maintain the inventory and needs assessment on an annual basis.</p><p>2. To expend directly or allocate the funds received by the Foundation to the appropriate state agencies for the purpose of acquiring those properties or property interests selected by the Board of Trustees. In the case of restricted funds the Board's powers shall be limited by the provisions of § <a href='/vacode/10.1-1022/'>10.1-1022</a>.</p><p>3. To enter into contracts and agreements, as approved by the Attorney General, to accomplish the purposes of the Foundation.</p><p>4. To receive and expend gifts, grants and donations from whatever source to further the purposes set forth in subsection B of § <a href='/vacode/10.1-1020/'>10.1-1020</a>.</p><p>5. To sell, exchange or otherwise dispose of or invest as it deems proper the moneys, securities, or other real or personal property or any interest therein given or bequeathed to it, unless such action is restricted by the terms of a gift or bequest. However, the provisions of § <a href='/vacode/10.1-1704/'>10.1-1704</a> shall apply to any diversion from open-space use of any land given or bequeathed to the Foundation.</p><p>6. To conduct fund-raising events as deemed appropriate by the Board of Trustees.</p><p>7. To do any and all lawful acts necessary or appropriate to carry out the purposes for which the Foundation and Fund are established.</p><p>1992, c. 426; 1999, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0900'>900</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0906'>906</a>; 2000, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1053'>1053</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0633'>633</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0099&212+ful+CHAP0099'>99</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0705'>705</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1021/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1021.1
|
10.1-1021.1
|
Geographic distribution of land protected
|
<p>The Foundation shall seek to achieve a fair distribution of land protected throughout the Commonwealth, based upon the following:</p><p>1. The importance of conserving land in all regions of the Commonwealth;</p><p>2. The importance of protecting specific properties that can benefit all Virginia citizens; and</p><p>3. The importance of addressing the particular land conservation needs of areas of the state where Fund moneys are generated.</p><p>2000, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1053'>1053</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1021.1/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1021.2
|
10.1-1021.2
|
Additional powers of the Foundation; requests for conservation easement dispute mediation
|
<p>Any private owner of the fee interest in land that is subject to a perpetual conservation easement pursuant to Chapter 10.1 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1009/'>10.1-1009</a> et seq.), any holder of such an easement, or any holder of a third-party right of enforcement of such an easement may submit a request, pursuant to guidelines adopted by the Foundation, that the Foundation utilize the process set forth in the Administrative Dispute Resolution Act, Chapter 41.1 (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4115/'>2.2-4115</a> et seq.) of Title 2.2, to resolve a dispute that is not part of a dispute already in litigation and arises out of or relates to the interpretation or administration of a conservation easement made or entered into pursuant to Chapter 10.1 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1009/'>10.1-1009</a> et seq.).</p><p>2015, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0044'>44</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1021.2/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1022
|
10.1-1022
|
Expenditure of restricted funds
|
<p>The Foundation shall expend restricted funds only in accordance with the applicable restrictions, or allocate such funds to the designated or otherwise appropriate state agency subject to such restrictions. The state agency receiving restricted funds shall expend such funds only in accordance with the applicable restrictions. The Board of Trustees may make such recommendations as are appropriate to the agencies responsible for spending any restricted funds, and the agencies shall consider such recommendations prior to the expenditure of restricted funds received from the Foundation. State agencies and departments receiving funds directly for expenditure for a purpose for which the Foundation is created shall solicit and consider the advice of the Board with respect to the expenditure of such funds prior thereto. This section shall not affect the authority of the Foundation to exercise its discretion with regard to the expenditure or allocation of unrestricted funds received by the Foundation.</p><p>1992, c. 426.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1022/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1022.1
|
10.1-1022.1
|
Expenditure of funds for natural area protection
|
<p>A. No matching grant shall be made from the Fund to any holder or public body for purchasing an interest in land for the protection of a natural area unless:</p><p>1. The holder or public body has demonstrated the necessary commitment and financial capability to manage the property; and</p><p>2. The Department has, after reviewing the grant application as provided in subsection B, recommended that the grant be made.</p><p>B. Natural area grant applications shall be submitted to the Foundation, which shall forward the application to the Department. The application shall include a budget for the proposed purchase and for the management of the property. The Department shall consider the following in making its recommendation on whether the grant should be made:</p><p>1. Whether the project will make a significant contribution to the protection of habitats for rare, threatened, or endangered plant or animal species, rare or state-significant natural communities, other ecological resources, or natural areas of Virginia;</p><p>2. Whether the area addresses a protection need identified in the Virginia Natural Heritage Plan;</p><p>3. The rarity of the elements targeted for conservation;</p><p>4. The size and viability of the site; and</p><p>5. Whether the holder or public body has the capability to protect the site from short-term and long-term stresses to the area.</p><p>C. Matching grant funds provided pursuant to this section shall be expended by the holder or public body within two years of receiving the funds, except that the Department may grant an extension of up to one year.</p><p>D. All property for which a matching grant is made pursuant to this section shall be dedicated as a natural area preserve as provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-213/'>10.1-213</a>. Any such preserve that was purchased in fee simple by the holder or public body shall be open for public access for a reasonable amount of time each year, except as is necessary to protect sensitive resources or for management purposes, as determined by the holder or public body pursuant to an agreement with the Department.</p><p>1999, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0900'>900</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0906'>906</a>; 2001, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0164'>164</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0168'>168</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1022.1/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1023
|
10.1-1023
|
Certain expenditures prohibited
|
<p>Moneys from the Fund shall not be expended for the acquisition of any property interest through eminent domain.</p><p>1992, c. 426.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1023/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1024
|
10.1-1024
|
Gifts and bequests to Foundation
|
<p>Gifts, devises and bequests of money, securities and other assets accepted by the Foundation, whether personal or real property, shall be deemed to be gifts to the Commonwealth, which shall be exempt from all state and local taxes and shall be regarded as property of the Commonwealth for the purposes of all tax laws.</p><p>1992, c. 426; 2000, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1053'>1053</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1024/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1025
|
10.1-1025
|
Forms of accounts and records; audit of same
|
<p>The accounts and records of the Foundation showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes, provided that such accounts shall correspond as nearly as possible to the accounts and records for such matters maintained by similar enterprises. The accounts and records of the Foundation shall be subject to audit by the Auditor of Public Accounts or his legal representative as determined necessary by the Auditor of Public Accounts, and the costs of such audit services shall be borne by the Foundation. The Foundation's fiscal year shall be the same as the Commonwealth's.</p><p>1992, c. 426; 2018, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0057'>57</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0307'>307</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1025/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1026
|
10.1-1026
|
Cooperation of state agencies
|
<p>All state officers, agencies, commissions, boards, departments, institutions and foundations shall cooperate with and assist the Foundation in carrying out its purpose and, to that end, may accept any gift or conveyance of real property or interest therein or other property in the name of the Commonwealth from the Foundation. Such property shall be held in possession or used as provided in the terms of the trust, contract or instrumentality by which it was conveyed.</p><p>2000, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1053'>1053</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.2/section10.1-1026/
|
VA:Title-10.1-Chapter-10.2
|
10.2
|
Virginia Land Conservation Foundation
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1027
|
10.1-1027
|
Wild Spanish Mustangs Fund established; administration; purpose
|
<p>There is hereby established in the state treasury a special nonreverting fund to be known as the Wild Spanish Mustangs Fund, hereafter referred to as the Fund. The Fund shall consist of such moneys as may be appropriated by the General Assembly and such other moneys as may be made available from any other source, public or private. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund, but shall remain in the Fund. The Fund shall be administered by the Department of Conservation and Recreation. Any expenditure from the Fund shall be subject to the recommendations of the Park Manager at False Cape State Park, with advice and consultation from the City of Virginia Beach, local legislators, and interested community members. The Fund shall be used for the general purpose of protecting the 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 these horses and promote their retention in North Carolina, as determined by the Department of Conservation and Recreation.</p><p>2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0037'>37</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter10.3/section10.1-1027/
|
VA:Title-10.1-Chapter-10.3
|
10.3
|
WILD SPANISH MUSTANGS FUND
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1100
|
10.1-1100
|
Department of Forestry; appointment of the State Forester
|
<p>The Department of Forestry, hereinafter referred to in this chapter as the Department, is continued as an agency under the supervision of the Secretary of Agriculture and Forestry. The Department shall be headed by the State Forester, who shall be appointed by the Governor to serve at his pleasure for a term coincident with his own.</p><p>Any vacancy in the office of the State Forester shall be filled by appointment by the Governor pursuant to the provisions of Article V, Section 10 of the Constitution of Virginia.</p><p>The State Forester shall be a technically trained forester and shall have both a practical and theoretical knowledge of forestry.</p><p>1986, c. 567, § 10-31.1; 1988, c. 891; 1993, c. 699.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1100/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1100.1
|
10.1-1100.1
|
Certified mail; subsequent mail or notices may be sent by regular mail
|
<p>Whenever in this chapter the State Forester or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the State Forester or the Department may be sent by regular mail.</p><p>2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0566'>566</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1100.1/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1101
|
10.1-1101
|
General powers of Department
|
<p>The Department shall have the following general powers, all of which, with the approval of the State Forester, may be exercised by a unit of the Department with respect to matters assigned to that organizational entity:</p><p>1. Employ personnel required to carry out the purposes of this chapter;</p><p>2. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including, but not limited to contracts with private nonprofit organizations, the United States, other state agencies and governmental subdivisions of the Commonwealth;</p><p>3. Accept bequests and gifts of real and personal property as well as endowments, funds, and grants from the United States government and any other source. To these ends, the Department shall have the power to comply with conditions and execute agreements as necessary, convenient or desirable;</p><p>4. Promulgate regulations necessary or incidental to the performance of duties or execution of powers conferred under this chapter;</p><p>5. Receive, hold in trust and administer any donation made to it for the advancement of forest resources of the Commonwealth;</p><p>6. Undertake evaluation and testing of products and technologies relating to replacement of petroleum-based lubricants and hydraulic fluids with lubricants and hydraulic fluids made or derived from vegetables or vegetable oil, and promote the use of such products and technologies found to be beneficial in preserving and enhancing environmental quality; and</p><p>7. Do all acts necessary or convenient to carry out the purposes of this chapter.</p><p>1986, c. 567, § 10-31.2; 1988, c. 891; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0111'>111</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1101/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1102
|
10.1-1102
|
Board of Forestry
|
<p>The Board of Forestry within the Department of Forestry, referred to in this chapter as the Board, shall be composed of 13 members appointed by the Governor. At least two members shall be representatives of the pine pulpwood industry; two members shall be representatives of the pine lumber industry; two members shall be representatives of the hardwood lumber industry; one member shall be a representative of the timber harvesting industry; and two members shall be small forest landowners. In making appointments to the Board, the Governor shall take into account the geographic diversity of board membership as it relates to Virginia's forest resources. Beginning July 1, 2012, the Governor's appointments shall be staggered as follows: four members for a term of one year, three members for a term of two years, three members for a term of three years, and three members for a term of four years. After the initial staggering of terms, appointments shall be for four-year terms. The State Forester shall serve as executive officer of the Board.</p><p>No member of the Board, except the executive officer, shall be eligible for more than two successive terms; however, persons subsequently appointed to fill vacancies may serve two additional successive terms after the terms of the vacancies they were appointed to fill have expired. All vacancies in the membership of the Board shall be filled by the Governor for the unexpired term.</p><p>The Board shall meet at least three times a year for the transaction of business. Special meetings may be held at any time upon the call of the executive officer of the Board, or a majority of the members of the Board.</p><p>Members of the Board shall be reimbursed for all reasonable and necessary expenses incurred as a result of their membership on the Board.</p><p>Code 1950, § 10-84; 1986, c. 539; 1986, c. 567, § 10-84.1; 1988, c. 891; 1990, c. 127; 1992, c. 145; 2011, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0691'>691</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0714'>714</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0803'>803</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0835'>835</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1102/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1103
|
10.1-1103
|
Powers of the Board
|
<p>A. The Board shall be charged with matters relating to the management of forest resources in the Commonwealth.</p><p>B. The Board shall advise the Governor and the Department on the state of forest resources within the Commonwealth and the management of forest resources. The Board shall encourage persons, agencies, organizations and industries to implement development programs for forest resource management and counsel them in such development. In addition, the Board shall recommend plans for improving the state system of forest protection, management and replacement, and shall prepare an annual report on the progress and conditions of state forest work.</p><p>C. The Board shall formulate recommendations to the State Forester concerning regulations and other matters applicable to Article 10 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1170/'>10.1-1170</a> et seq.), including types of equipment to be purchased, rental rates for equipment, and reforestation practices.</p><p>1986, c. 567, § 10-84.2; 1988, c. 891; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0803'>803</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0835'>835</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1103/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1103.1
|
10.1-1103.1
|
Forestland and Urban Tree Canopy Conservation Plan
|
<p>A. The Department shall establish a Forestland and Urban Tree Canopy Conservation Plan (the Plan) to conserve the Commonwealth's forestland and incentivize the protection of forests and other similar sensitive natural areas as an integral part of state forestry planning and the local comprehensive planning process. The Plan shall be reviewed by the Board of Forestry. In developing the Plan, the Department shall include elements determined by the State Forester, including the following:</p><p>1. Examine the current status and trends of forests and tree canopies in the Commonwealth;</p><p>2. Identify challenges to forest health, forestland, and tree canopy conservation efforts, including land use, climate change, and invasive species and other challenges identified by the stakeholder group;</p><p>3. Identify priority forests for conservation emphasizing protection of streams or wetlands, areas with steep slopes or highly erodible soils, wildlife corridors, and large contiguous blocks of forest;</p><p>4. Develop forest-related and tree canopy-related goals;</p><p>5. Identify current and potential funding streams and state and local entities that will be vital to achieve forest and tree canopy conservation goals; and</p><p>6. Ensure consistency with the objectives of the Board of Forestry with respect to forest management, including forest protection, management, and replacement.</p><p>B. The Plan, reviewed by the Board of Forestry, shall be developed in coordination with a Technical Advisory Committee that shall include representatives from the Department of Environmental Quality, Department of Wildlife Resources, Department of Conservation and Recreation, agricultural and forestry industries, environmental and conservation organizations, local governments, the Virginia Cooperative Extension, professional environmental technical experts, residential and commercial development industries, and other stakeholders as the Department deems appropriate.</p><p>C. The Department shall update the Plan at least once every five years and shall reconvene the Technical Advisory Committee and seek input prior to approval of any updates to the Plan. The Department shall hold a 30-day public comment period on the Plan and any subsequent updates to the Plan. Following any such update, the Plan shall be made available on its website and submitted to the Governor and the Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources.</p><p>2024, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0278'>278</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0354'>354</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1103.1/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1104
|
10.1-1104
|
General powers and duties of State Forester
|
<p>The State Forester, under the direction and control of the Governor, shall exercise the powers and perform the duties conferred or imposed upon him by law and shall perform other duties required of him by the Governor or the appropriate citizen boards.</p><p>1986, c. 567, § 10-31.3; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1104/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1105
|
10.1-1105
|
Additional powers and duties of State Forester
|
<p>A. The State Forester shall supervise and direct all forest interests and all matters pertaining to forestry within the Commonwealth. He shall have charge of all forest wardens and shall appoint, direct and supervise persons he employs to perform labor in the forest reservations or the nurseries provided for herein, and he is authorized to employ temporary forest wardens to extinguish forest fires in the Commonwealth. He shall take such action as is authorized by law to prevent and extinguish forest fires; develop a program to promote the use of prescribed burning for community protection and ecological, silvicultural, and wildlife management; enforce all laws pertaining to forest and woodlands; prosecute any violation of such laws; develop silvicultural best management practices, including reforestation, prevention of erosion and sedimentation, and maintenance of buffers for water quality, pursuant to Article 12 (§ <a href='/vacode/10.1-1181.1/'>10.1-1181.1</a> et seq.); collect information relative to forest destruction and conditions; direct the protection and improvement of all forest reservations; and, as far as his duties as State Forester will permit, conduct an educational course on forestry at the University of Virginia for credit toward a degree, at farmers' institutes and at similar meetings within the Commonwealth. He shall provide for the protection of state waters from pollution by sediment deposition resulting from silvicultural activities as provided in Article 12 (§ <a href='/vacode/10.1-1181.1/'>10.1-1181.1</a> et seq.). In addition, the State Forester shall cooperate with counties, municipalities, corporations and individuals in preparing plans and providing technical assistance, based on generally accepted scientific forestry principles, for the protection, management and replacement of trees, wood lots and timber tracts and the establishment and preservation of urban forests, under an agreement that the parties obtaining such assistance shall pay the field and traveling expenses of the person employed in preparing such plans. The State Forester also shall assist landowners and law-enforcement agencies with regard to reported cases of timber theft. The State Forester shall develop and implement forest conservation and management strategies to improve wildlife habitat and corridors, incorporating applicable elements of any wildlife action plan developed by the Department of Wildlife Resources and the Wildlife Corridor Action Plan developed pursuant to § <a href='/vacode/29.1-579/'>29.1-579</a>.</p><p>B. Records of the Department composed of confidential commercial or financial information supplied by individuals or business entities to the Department in the course of an investigation of timber theft are excluded from the mandatory disclosure provisions of the Virginia Freedom of Information Act (§ <a href='/vacode/2.2-3700/'>2.2-3700</a> et seq.).</p><p>1986, c. 567, § 10-31.4; 1988, c. 891; 1989, c. 215; 1993, c. 948; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0007'>7</a>; 1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0156'>156</a>; 1999, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0220'>220</a>; 2000, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0997'>997</a>; 2019, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0348'>348</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0353'>353</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0498'>498</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1105/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1105.1
|
10.1-1105.1
|
Century forest and farm programs
|
<p>A. The State Forester shall establish and administer a century forest program to honor families in the Commonwealth whose property has been in the same family for 100 years or more and includes at least 20 contiguous acres of managed forest. In order to be eligible for recognition under the program, a property shall (i) have been owned by the same family for at least 100 consecutive years; (ii) be lived on, or actually managed by, a descendant of the original owners; and (iii) have a documented history of timber harvests or forest management activities.</p><p>B. The State Forester shall establish and administer a century farm program to honor farm families in the Commonwealth whose property has been in the same family for 100 years or more. In order to be eligible for recognition under the program, a farm shall (i) have been owned by the same family for at least 100 consecutive years; (ii) be lived on, or actually farmed, by a descendant of the original owners; and (iii) gross more than $2,500 annually from the sale of farm products.</p><p>2016, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0006'>6</a>; 2024, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0010'>10</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0146'>146</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1105.1/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1106
|
10.1-1106
|
State Forester to control forest reserves and funds; reforesting; preservation of timber, etc
|
<p>The care, management and preservation of the forest reserves of the Commonwealth and the forests thereon, and all moneys appropriated in that behalf, or collected therefrom in any way, and all personal and real property acquired to carry out the objects of this chapter, shall be subject to the control of the State Forester.</p><p>The State Forester shall observe, ascertain, follow and put into effect the best methods of reforesting cutover and denuded lands, foresting wastelands, preventing the destruction of forests by fire, the administering of forests on forestry principles, the instruction and encouragement of private owners in preserving and growing timber for commercial and manufacturing purposes, and the general conservation of forest tracts around the headwaters and on the watersheds of the watercourses of the Commonwealth.</p><p>Code 1950, § 10-32; 1984, c. 750; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1106/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1107
|
10.1-1107
|
Purchase of lands and acceptance of gifts for forestry purposes by the State Forester; management; definition of state forests
|
<p>A. The State Forester shall have authority to purchase in the name of the Commonwealth lands suitable for state forests. He may accept for state forest purposes gifts, devises and bequests of real and personal property as well as endowments, funds, and grants from any source. Unless otherwise restricted by the terms of the gift, devise or bequest, the State Forester is authorized, in the name of the Commonwealth, to convey or lease any such real property given to it, with the consent and approval of the Governor and the General Assembly and the approval of the instrument as to form by the Attorney General. Mineral and mining rights over and under land donated may be reserved by the donors.</p><p>B. The State Forester shall have the power and authority to accept gifts, donations and contributions of land, and to enter into agreements for the acquisition by purchase, lease or otherwise with, the United States, or any agency or agent thereof, of lands for state forests.</p><p>C. The State Forester shall have authority to provide for the management, development and utilization of any lands purchased, leased or otherwise acquired, to sell or otherwise dispose of products on or derived from the land, and to enforce regulations governing state forests, the care and maintenance thereof, and the prevention of trespassing thereon, and such other regulations deemed necessary to carry out the provisions of this section. Approval by the Governor or General Assembly shall not be required for the sale or harvesting of timber on state forest lands or other lands over which the Department has supervision and control.</p><p>D. In exercising the powers conferred by this section, the State Forester shall not obligate the Commonwealth for any expenditure in excess of any funds either donated or appropriated to the Department for such purpose.</p><p>E. One-fourth of the gross proceeds derived from timber sales on any state forest lands so acquired by the State Forester shall be paid annually by the State Forester to the counties in which such lands are respectively located, and shall become a part of the general funds of such counties, except for Appomattox, Buckingham and Cumberland Counties. For the Counties of Appomattox, Buckingham and Cumberland, one-eighth of the gross proceeds derived from timber sales on any state forest lands acquired in these counties shall become part of the general funds of these counties and one-eighth shall be expended annually by the Department, upon consultation with each county, for the enhancement of recreational opportunities on those state forest lands located in the county. This subsection shall not apply to properties acquired or managed for nonstate forest purposes.</p><p>F. As used in this chapter unless the context requires a different meaning, "state forest" means lands acquired for the Commonwealth by purchase, gift or lease pursuant to this section. These lands shall be managed and protected for scientific, recreational and educational purposes. Uses of the state forests shall include, but not be limited to, research, demonstrations, tours, soil and water management and protection, hunting, fishing and other recreational activities.</p><p>G. All acquisitions of real property under this section shall be subject to the provisions of § <a href='http://law.lis.virginia.gov/vacode/2.2-1149/'>2.2-1149</a>. The Attorney General shall approve the form of the instruments prior to execution.</p><p>Code 1950, § 10-33; 1984, c. 750; 1986, c. 567; 1988, c. 891; 1999, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0201'>201</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0689'>689</a>; 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0043'>43</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0197'>197</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0248'>248</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1107/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1108
|
10.1-1108
|
Waste and unappropriated lands
|
<p>Any waste and unappropriated land, other than ungranted shores of the sea, marsh or meadowlands exempted from grant by the provisions of § <a href='http://law.lis.virginia.gov/vacode/41.1-3/'>41.1-3</a>, may be set apart permanently for use as state forest land, by a grant and proclamation signed by the Governor upon the receipt from the State Forester of an application requesting that a certain piece, tract or parcel of waste and unappropriated land be so set apart. The State Forester shall submit with the application a copy of a report describing fully the location of the land, its character and suitability for forestry purposes together with a complete metes and bounds description of the boundary of the tract. The Department of General Services shall review the application and recommend either approval or disapproval of the transaction to the Governor. If the Governor determines that the land is more valuable for forestry purposes than for agricultural or any other purposes, he may authorize the preparation of a grant which shall be reviewed for legal sufficiency by the Attorney General for the Governor's signature and the lesser seal of the Commonwealth.</p><p>All lands so granted shall be subject to statutes and regulations relating to the regulation, management, protection and administration of state forests.</p><p>Code 1950, § 10-34.2; 1950, p. 225; 1984, c. 750; 1986, c. 567; 1988, c. 891; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0850'>850</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1108/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1109
|
10.1-1109
|
State forests not subject to warrant, survey or patent
|
<p>Lands acquired by the Commonwealth for forestry purposes shall not be subject to warrant, survey or patent.</p><p>Code 1950, § 10-42; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1109/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1110
|
10.1-1110
|
Violation of regulations for supervision of state forests, etc
|
<p>Violators of any regulation for the supervision or use of any state forest, park, road, street or highway traversing the same, shall be guilty of a Class 4 misdemeanor.</p><p>Code 1950, § 10-43; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1110/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1111
|
10.1-1111
|
Kindling fires on state forests; cutting and removing timber; damaging land or timber
|
<p>Any person who kindles fire upon any of the state forests of this Commonwealth, except in accordance with regulations prescribed by the State Forester, or who cuts and removes any timber, or who damages or causes the damage of forestland or timber belonging to the Commonwealth, shall be guilty of a Class 3 misdemeanor for each offense committed.</p><p>Code 1950, § 10-44; 1986, c. 539; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1111/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1112
|
10.1-1112
|
Notices relating to forest fires and trespasses
|
<p>The State Forester shall distribute notices, printed in large letters on cloth or other suitable material, calling attention to the danger of forest fires, to the forest fire laws, and to trespass laws and their penalties, to forest wardens, and to owners of timberland to be posted by them in conspicuous places. Any person other than a forest warden or the owner of the land on which notices are posted, who tears down, mutilates or defaces any such notice shall be guilty of a Class 4 misdemeanor.</p><p>1986, c. 567, § 10-31.5; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1112/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1113
|
10.1-1113
|
Not liable for trespass in performance of duties
|
<p>No action for trespass shall lie against the State Forester, or any agent or employee of the State Forester for lawful acts done in performance of his duties.</p><p>1986, c. 567, § 10-31.7; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1113/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1114
|
10.1-1114
|
Establishment of nurseries; distribution of seeds and seedlings
|
<p>A. The State Forester may establish and maintain a nursery or nurseries, for the propagation of forest tree seedlings, either upon one or more of the forest reservations of the Commonwealth, or upon such other land as he may and which he is empowered to acquire for that purpose. Seedlings from this nursery may be furnished to the Commonwealth without expense for use upon its state forests or other public grounds or parks. Seeds and seedlings may also be distributed to private individuals pursuant to terms and conditions and at prices approved by the State Forester.</p><p>B. To the extent permitted by federal law and regulations, the preferred method of treatment shall be fumigation using methyl bromide in seedling plant beds prior to seeding.</p><p>C. The Commissioner of Agriculture and Consumer Services or his designee may issue an inspection certificate for intrastate and interstate shipments of conifer and hardwood seedlings to certify that they are apparently free of pests and diseases.</p><p>Code 1950, § 10-36; 1968, c. 40; 1986, c. 567; 1988, c. 891; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0101'>101</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0621'>621</a>; 2013, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0124'>124</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1114/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1115
|
10.1-1115
|
Sale of trees
|
<p>For the purpose of maintaining in perpetuity the production of forest products on state forests, the State Forester may designate and appraise the trees which should be cut under the principles of scientific forest management, and may sell these trees for not less than the appraised value. When the appraised value of the trees to be sold is more than $50,000, the State Forester, before making such sale, shall receive bids therefor, after notice by publication once a week for two weeks in two newspapers of general circulation. The State Forester shall have the right to reject any and all bids and to readvertise for bids. The proceeds arising from the sale of the timber and trees so sold, except as provided in subsection E of § <a href='http://law.lis.virginia.gov/vacode/10.1-1107/'>10.1-1107</a>, shall be paid into the state treasury as provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-1116/'>10.1-1116</a>, and shall be held in the Reforestation Operations Fund for the improvement or protection of state forests or for the purchase of additional lands.</p><p>Code 1950, § 10-37; 1970, c. 31; 1986, cc. 539, 567; 1988, c. 891; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0019'>19</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1115/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1116
|
10.1-1116
|
Reforestation Operations Fund
|
<p>All money obtained from the state forests, except as provided in subsection E of § <a href='http://law.lis.virginia.gov/vacode/10.1-1107/'>10.1-1107</a>, shall be paid into a special nonreverting fund in the state treasury, to the credit of the Reforestation Operations Fund (the Fund). Interest earned on the moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund, but shall remain in the Fund. The moneys in the Fund are to be utilized for state forest protection, management, replacement, and extension, under the direction of the State Forester.</p><p>Code 1950, § 10-39; 1986, c. 567; 1988, c. 891; 2014, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0263'>263</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1116/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1117
|
10.1-1117
|
Specialized services or rentals of equipment to landowners, localities and state agencies; fees; disposition of proceeds
|
<p>The State Forester may cooperate with landowners, counties, municipalities and state agencies, by making available forestry services consisting of specialized or technical forestry equipment and an operator, or rent to them such specialized equipment. For such services or rentals, a reasonable fee, representing the State Forester's estimate of the cost of such services or rentals, shall be charged.</p><p>All moneys paid to the State Forester for such services or rentals shall be deposited in the state treasury to the credit of the Forestry Operations Fund, to be used in the further protection and development of the forest resources of this Commonwealth. Upon presentation of a statement, the landowner, county, municipality or state agency receiving such services or rentals shall pay to the State Forester, within thirty days, the amount of charge shown on the statement.</p><p>1964, c. 513, § 10-54.1; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1117/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1118
|
10.1-1118
|
Account of receipts and expenditures
|
<p>The State Forester shall keep a full and accurate account of the receipts and expenditures of the Department.</p><p>Code 1950, § 10-40; 1986, c. 567; 1988, c. 891; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0058'>58</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1118/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1119
|
10.1-1119
|
Preservation of evidence as to conserving forest supply; reports to General Assembly; publications
|
<p>The State Forester shall preserve all evidence taken by him with reference to conserving the forests of the Commonwealth and the methods best adapted to accomplish such object. He shall report his actions, conclusions and recommendations to each session of the General Assembly and from time to time publish for public distribution, in bulletin or other form, such conclusions and recommendations as may be of immediate public interest.</p><p>Code 1950, § 10-41; 1984, c. 750; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1119/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.