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Chapter
5 - Soil and Water Conservation
§
10.1-500
Definitions
As
used in this chapter, unless the context requires a different meaning:
"Board"
means the Virginia Soil and Water Conservation Board.
"County"
includes towns.
"City"
includes all cities chartered under the Commonwealth.
"District"
or "soil and water conservation district" means a political
subdivision of this Commonwealth organized in accordance with the
provisions of this chapter.
"District
director" means a member of the governing body of a district
authorized to serve as a director.
"Due
notice" means notice published at least twice, with an interval
of at least seven days between the two publication dates, in a
newspaper or other publication of general circulation within the
appropriate area, or if no such publication of general circulation is
available, by posting at a reasonable number of conspicuous places
within the appropriate area. Such posting shall include, where
possible, posting at public places where it is customary to post
notices concerning county or municipal affairs. Hearings held pursuant
to such notice, at the time and place designated in the notice, may be
adjourned from time to time without renewing the notice for the
adjourned dates.
"Governing
body of a city or county" means the entire governing body
regardless of whether all or part of that city or county is included
or to be included within a district.
"Government"
or "governmental" includes the government of this
Commonwealth, the government of the United States, and any of their
subdivisions, agencies or instrumentalities.
"Land
occupier" or "occupier of land" includes any person,
firm or corporation who holds title to, or is in possession of, any
lands lying within a district organized, or proposed to be organized,
under the provisions of this chapter, in the capacity of owner,
lessee, renter, tenant, or cropper. The terms "land
occupier" and "occupier of land" shall not include an
ordinary employee or hired hand who is furnished a dwelling, garden,
utilities, supplies, or the like, as part payment, or payment in full,
for his labor.
"Locality"
means a county, city or town.
§
10.1-501
Duty
of attorney for the Commonwealth
The
attorney for the Commonwealth of the county or city in which the suits
or actions under this chapter may arise shall represent the district
directors or districts in such suits or actions.
§
10.1-501.1 Defense of
claims
The
Attorney General shall provide the legal defense against any claim
made against any soil and water conservation district, director,
officer, agent or employee thereof (i) arising out of the ownership,
maintenance or use of buildings, grounds or properties owned, leased
or maintained by any soil and water conservation district or used by
district employees or other authorized persons in the course of their
employment, or (ii) arising out of acts or omissions of any nature
while acting in an authorized governmental or proprietary capacity and
in the course and scope of employment or authorization.
§
10.1-502. Soil and Water
Conservation Board; composition.
The
Virginia Soil and Water Conservation Board is continued and shall
perform the functions conferred upon it in this chapter. The Board
shall consist of 10 voting members. The Director of the Department of
Conservation and Recreation, or his designee, shall be a member of the
Board. Three at-large members of the Board shall be appointed by the
Governor to serve at the pleasure of the Governor, for a term
coincident with that of the appointing Governor; vacancies in the
office of such appointed members shall be filled by the Governor. At
least two of the three at-large members should have a demonstrated
interest in natural resource conservation with a background or
knowledge in dam safety, soil conservation, water quality protection,
or urban point or nonpoint source pollution control. Four members
shall be farmers and two members shall be farmers or district
directors, appointed by the Governor from a list of two qualified
nominees for each vacancy submitted by the Board of Directors of the
Virginia Association of Soil and Water Conservation Districts and the
Soil and Water Conservation Board in joint session, each for a term of
four years. Appointed members shall not serve more than two
consecutive full terms. Appointments to fill vacancies shall be made
in the same manner as described above, except that such appointments
shall be for the unexpired terms only. The Board may invite the
Virginia State Conservationist, Natural Resources Conservation
Service, to serve as an advisory nonvoting member. The Board shall
keep a record of its official actions, shall adopt a seal and may
perform acts, hold public hearings, and promulgate regulations
necessary for the execution of its functions under this chapter.
§
10.1-503. Administrative
officer and other employees; executive committee
The
Director shall provide technical experts and other agents and
employees, permanent and temporary, necessary for the execution of the
functions of the Board. The Board may create an executive committee
and delegate to the chairman of the Board, or to the committee or to
one or more agents or employees, such powers and duties as it deems
proper. Upon request of the Board, for the purpose of carrying out any
of its functions, the supervising officer of any state agency or of
any state institution of learning shall, insofar as possible under
available appropriations, and having due regard for the needs of the
agency to which the request is directed, assign or detail to the
Board, members of the staff or personnel of the agency or institution,
and make special reports, surveys, or studies requested by the Board.
§
10.1-504 Chairman; quorum
The
Board shall designate its chairman and may, from time to time, change
such designation. Six members of the Board shall constitute a quorum,
and the concurrence of a majority of those present and voting shall be
required for all determinations.
§
10.1-505. Duties of Board
In
addition to other duties and powers conferred upon the Board, it shall
have the following duties and powers:
1.
To give or loan appropriate financial and other assistance to district
directors in carrying out any of their powers and programs.
2.
To keep district directors informed of the activities and experience
of all other districts, and to facilitate an interchange of advice and
experience between the districts.
3.
To coordinate the programs of the districts so far as this may be done
by advice and consultation.
4.
To secure the cooperation and assistance of the United States and any
of its agencies, and of agencies of the Commonwealth, in the work of
the districts.
5.
To disseminate information throughout the Commonwealth concerning the
activities and programs of the districts, and to encourage the
formation of such districts in areas where their organization is
desirable.
6.
To assist persons, associations, and corporations engaged in
furthering the programs of the districts; to encourage and assist in
the establishment and operation of such associations and corporations,
and to authorize financial assistance to the officers and members of
such associations and corporations in the discharge of their duties.
7.
To receive, review, approve or disapprove applications for assistance
in planning and carrying out works of improvement under the Watershed
Protection and Flood Prevention Act (Public Law 566 - 83rd Congress,
as amended), and to receive, review and approve or disapprove
applications for any other similar soil and water conservation
programs provided in federal laws which by their terms or by related
executive orders require such action by a state agency.
8.
To advise and recommend to the Governor approval or disapproval of all
work plans developed under Public Law 83-566 and Public Law 78-535 and
to advise and recommend to the Governor approval or disapproval of
other similar soil and water conservation programs provided in federal
laws which by their terms or by related executive orders require
approval or comment by the Governor.
9.
To provide for the conservation of soil and water resources, control
and prevention of soil erosion, flood water and sediment damages
thereby preserving the natural resources of the Commonwealth.
§
10.1-506. Power to create
new districts and to relocate or define district boundaries;
composition of districts
A.
The Board shall have the power to (i) create a new district from
territory not previously within an existing district, (ii) merge or
divide existing districts, (iii) transfer territory from an existing
district to another district, (iv) modify or create a district by a
combination of the above and (v) relocate or define the boundaries of
soil and water conservation districts in the manner hereinafter
prescribed.
B.
An incorporated town within any county having a soil and water
conservation district shall be a part of that district. If a town lies
within the boundaries of more than one county, it shall be considered
to be wholly within the county in which the larger portion of the town
lies.
§
10.1-507. Petitions filed with the Board
Petitions
to modify or create districts, or relocate or define boundaries of
existing districts, shall be initiated and filed with the Board for
its approval or disapproval by any of the following methods:
1.
By petition of a majority of the directors of any or each district or
by petition from a majority of the governing body of any or each
county or city.
2.
By petition of a majority of the governing body of a county or city
not within an existing district, requesting to be included in an
existing district and concurred in by the district directors.
3.
By petition of a majority of the governing body of a county or city or
parts thereof not included within an existing district, requesting
that a new district be created.
4.
By petition, signed by a number of registered voters equal to
twenty-five percent of the vote cast in the last general election, who
are residents of a county or city not included within an existing
district, requesting that a new district be created, or requesting to
be included within an existing district. If the petition bears the
signatures of the requisite number of registered voters of a county or
city, or two or more cities, then the petition shall be deemed to be
the joint petition of the particular combination of political
subdivisions named in the petition. If the petition deals in whole or
in part with a portion or portions of a political subdivision or
subdivisions, then the number of signatures necessary for each portion
of a political subdivision shall be the same as if the whole political
subdivision were involved in the petition, and may come from the
political subdivision at large.
§
10.1-508. Contents and form of petition
The
petition shall set forth:
1.
The proposed name of the district;
2.
That there is need, in the interest of the public health, safety, and
welfare, for the proposed district to function in the territory
described in the petition, and a brief statement of the grounds upon
which this conclusion is based;
3.
A description of the territory proposed to be organized as a district,
which description shall not be required to be given by metes and
bounds or by legal subdivision, but shall be deemed sufficient if
generally accurate;
4.
A request that the Board define the boundaries for such district; that
a hearing be held within the territory so defined on the question of
the creation of a district in such territory; and that the Board
determine that such a district be created.
Where
more than one petition is filed covering parts of the same territory,
the Board may consolidate the petitions.
The
Board shall prescribe the petition form.
§
10.1-509. Disapproval of petition
If
the Board disapproves the petition, its determination shall be
recorded, and if the petitioners are the governing body of a district,
county or city or a part of a county or city, the governing body shall
be notified in writing. If the petitioners are the requisite number of
registered voters prescribed by subdivision 4 of § 10.1-507,
notification shall be by a notice printed once in a newspaper of
general circulation within the area designated in the petition.
§
10.1-510. Petition approved; Board to give notice of hearing
If
the Board approves the petition, within sixty days after such
determination, the Board shall provide due notice of the approval in a
newspaper of general circulation in each county or city involved. The
notice shall include notice of a hearing upon the question of the
desirability and necessity, in the interest of the public health,
safety, and welfare, of the action proposed by the petition upon (i)
the question of the appropriate boundaries to be assigned to such
district, (ii) the propriety of the petition and other proceedings
taken under this chapter, and (iii) all questions relevant to such
inquiries.
§
10.1-511. Adjournment of
hearing when additional territory appears desirable
If
it appears upon the hearing that it may be desirable to include within
the proposed district territory outside of the area within which due
notice of the hearing has been given, the hearing shall be adjourned
and due notice of a further hearing shall be given throughout the
entire area considered for inclusion in the district.
§
10.1-512. Determination of
need for district.
After
a public hearing, if the Board determines that there is need, in the
interest of the public health, safety, and welfare, for the proposed
district to function in the territory considered at the hearing, it
shall record its determination, and shall define, by metes and bounds
or by legal subdivisions the boundaries of the district. In so doing,
the Board shall consider (i) the topography of the area considered and
of the Commonwealth, (ii) the composition of soils in the area, (iii)
the distribution of erosion, (iv) the prevailing land-use practices,
(v) the desirability and necessity of including within the boundaries
the particular lands under consideration and the benefits the lands
may receive from being included within such boundaries, (vi) the
relation of the proposed area to existing watersheds and to other soil
and water conservation districts already organized or proposed for
organization, (vii) the existing political subdivisions, and (viii)
other relevant physical, geographical, economic, and funding factors.
The territory to be included within such boundaries need not be
contiguous.
§
10.1-513. Determination
that district not needed
If
the Board determines after the hearing, and after due consideration of
the relevant facts, that there is no need for a soil and water
conservation district to function in the territory considered at the
hearing, it shall record its determination and deny the petition.
§
10.1-514. Determination of
feasibility of operation
After the Board has made and recorded a
determination that there is need for the organization of the proposed
district in a particular territory, and has defined the boundaries, it
shall consider whether the operation of a district within such
boundaries is administratively practicable and feasible. In making its
determination, the Board shall consider the attitudes of the occupiers
of lands lying within the defined boundaries, the probable expense of
the operation of such district, the effect upon the programs of any
existing districts, and other relevant economic and social factors. If
the Board determines that the operation of a district is
administratively practicable and feasible, it shall record its
determination and proceed with the organization of the district. If
the Board determines that the operation of a district is not
administratively practicable and feasible, it shall record its
determination and deny the petition. If the petition is denied, the
Board shall notify the petitioner in the manner provided in this
chapter.
§
10.1-515. Composition of
governing body.
If
the Board determines that the operation of the proposed district
within the defined boundaries is administratively practicable and
feasible, and the proposed district is created, then its governing
body shall be a board of district directors appointed or elected in
the number and manner specified as follows:
1.
If the district embraces one county or city, or less than one county
or city, the board of district directors shall consist of five
members, three to be elected by the registered voters of the district
and two appointed by the Board.
2.
If the district embraces more than one county or city, or parts
thereof, the board of district directors shall consist of two members
elected by the registered voters from each county or city, or parts
thereof embraced by the district. Two members-at-large shall be
appointed by the Board.
§
10.1-516. Status of
district directors in event of transfer, merger, or division of
districts.
In
the event of the transfer, merger, or division of districts, the
status of the district directors involved shall be affected as
follows:
1.
The composition of an existing district board of a district to which
territory is transferred shall remain in effect until the terms of
office of the present elected members expire. Upon the transfer of a
county or city, or parts thereof, from one district to another
district, (i) elected district directors residing within the territory
transferred shall be appointed as directors of the district to which
the territory is transferred for a term of office to coincide with
that of the elected directors of the district to which the territory
is transferred; and (ii) appointed district directors residing within
the territory transferred shall be appointed as directors of the
district to which the territory is transferred for a term of office to
coincide with that of the appointed directors, either as an extension
agent appointee or an at-large appointee of the district to which the
territory is transferred. At the option of the petitioners, a petition
may request that a proposed transfer be treated as a merger or
division for the purpose of this section, and the Board at its
discretion may grant or refuse such request.
2.
Upon the merger of existing districts, or upon the separation from two
or more existing districts of a county or city, or parts thereof,
which merge to create a new district, all district directors residing
within the territory merged shall be appointed as directors of the new
district. Following the merger, (i) elected district directors
residing within the territory of the new district shall be appointed
as directors of the new district for a term of office to coincide with
that of elected directors as provided in § 10.1-529; and (ii)
appointed district directors residing within the new district shall be
appointed as directors of the new district for a term of office to
coincide with that of the appointed directors, either as an extension
agent appointee or an at-large appointee of the district as provided
in § 10.1-529.
3.
Upon the division of an existing district, to create a new district,
all elected or appointed district directors residing within the
territory to be divided from the existing district shall be appointed
as directors of the new district. Following the division, (i) elected
district directors residing within the territory of the new district
shall be appointed as directors of the new district for a term of
office to coincide with that of elected directors as provided in §
10.1-529; and (ii) appointed district directors residing within the
territory of the new district shall be appointed as directors of the
new district for a term of office to coincide with that of the
appointed directors, either as an extension agent appointee or an
at-large appointee of the district as provided in § 10.1-529.
This
section shall not be construed as broadening or limiting the size of a
governing body of a district as prescribed by § 10.1-515. If the
operation of this section results in a governing body larger or
smaller than the appropriate size permitted by § 10.1-515, then such
a variation, if not otherwise corrected by operation of this section,
shall be cured by appropriate appointments by the Board and with the
next general election after the transfer, merger, or division in which
all those elected directors prescribed by § 10.1-515 may be elected.
§
10.1-517. Application and
statement to the Secretary of the Commonwealth
Upon
the creation of a district by any means authorized by this chapter,
two district directors appointed by the Board and authorized by the
Board to do so, shall present to the Secretary of the Commonwealth an
application signed by them, which shall set forth: (i) that a petition
for the creation of the district was filed with the Board pursuant to
the provisions of this chapter, and that the proceedings specified in
this chapter were conducted; (ii) that the application is being filed
in order to complete the organization of the district as a political
subdivision under this chapter; (iii) that the Board has appointed
them as district directors; (iv) the name and official residence of
each of the district directors together with a certified copy of the
appointments evidencing their right to office; (v) the term of office
of each of the district directors; (vi) the proposed name of the
district; and (vii) the location of the principal office of the
district directors. The application shall be subscribed and sworn to
by the two district directors authorized by the Board to make such
application before an officer authorized by the laws of the
Commonwealth to take and certify oaths. The application shall be
accompanied by a certified statement by the Board that the district
was created as required by law. The statement shall set forth the
boundaries of the district as they have been defined by the Board.
If
the creation of a district necessitates the dissolution of an existing
district, an application shall be submitted to the Secretary of the
Commonwealth, with the application for the district to be created, by
the directors of the district to be dissolved, for the discontinuance
of such district, contingent upon the creation of the new district.
The application for discontinuance, duly verified, shall simply state
that the lands encompassed in the district to be dissolved shall be
included within the territory of the district created. The application
for discontinuance of such district shall be accompanied by a
certified statement by the Board that the discontinued district was
dissolved as required by law and the new district was created as
required by law. The statement shall contain a description of the
boundaries of each district dissolved and shall set forth the
boundaries of the district created as defined by the Board. The
Secretary of the Commonwealth shall issue to the directors of each
district a certificate of dissolution and shall record the certificate
in an appropriate book of record in his office.
When
the boundaries of districts are changed pursuant to the provisions of
this chapter, the various affected district boards shall each present
to the Secretary of the Commonwealth an application, signed by them,
for a new certificate of organization evidencing the change of
boundaries. The application shall be filed with the Secretary of the
Commonwealth accompanied by a certified statement by the Board that
the boundaries have been changed in accordance with the provisions of
this chapter. The statement by the Board shall define the new boundary
line in a manner adequate to describe the boundary changes of
districts. When the application and statement have been filed with the
Secretary of the Commonwealth, the change of boundary shall become
effective and the Secretary of the Commonwealth shall issue to the
directors of each of the districts a certificate of organization
evidencing the change of boundaries.
§
10.1-518. Action of
Secretary on the application and statement; change of name of district
The
Secretary of the Commonwealth shall examine the application and
statement and, if he finds that the name proposed for the district is
not identical to that of any other soil and water conservation
district shall receive and file them and shall record the application
in an appropriate book of record in his office. If the Secretary of
the Commonwealth finds that the name proposed for the district is
identical to that of any other soil and water conservation district,
or so nearly similar as to lead to confusion and uncertainty, he shall
certify such fact to the Board, which shall submit to the Secretary of
the Commonwealth a new name for the district. Upon receipt of the new
name, the Secretary of the Commonwealth shall record the application,
with the name so modified, in an appropriate book of record in his
office. When the application and statement have been made, filed and
recorded, as herein provided, the district shall constitute a
political subdivision of the Commonwealth. The Secretary of the
Commonwealth shall make and issue to the directors a certificate,
under the lesser seal of the Commonwealth, of the due organization of
the district and shall record the certificate with the application and
statement. The boundaries of the district shall include the territory
as determined by the Board, but shall not include any area included
within the boundaries of another district, except in those cases
otherwise provided for in this article. The name of any district may
be changed if a petition for such change is subscribed by twenty-five
or more landowners from each county or city comprising the district
and adopted by resolution of the district directors at any regular
meeting. The district directors shall submit a copy of the resolution
to the Board and, if the Board concurs, it shall present the
resolution, together with a certified statement that it concurs, to
the Secretary of the Commonwealth who shall file the resolution and
issue a new or amended certificate of organization.
§
10.1-518.1. Secretary to
send copies of certificates to State Board of Elections.
Whenever
the Secretary issues a certificate creating, dissolving, or changing
the name or composition of a district, the Secretary shall promptly
send a certified copy of such certificate to the State Board of
Elections.
§
10.1-519. Renewal of
petition after disapproval or denial
After
six months have expired from the date of the disapproval or denial of
any petition for a soil and water conservation district, subsequent
petitions covering the same or substantially the same territory may be
filed with the Board as provided in this chapter.
§
10.1-520. Contracts to
remain in force; succession to rights and obligations
Upon
consummation of any transfer, merger, or division, or any combination
thereof, using territory within a previously existing district to form
a new district or to add to an existing district, all contracts in
effect at the time of the consummation, affecting or relating to the
territory transferred, merged, or divided, to which the governing body
of the district from which such territory was acquired is a party
shall remain in force for the period provided in the contracts. Rights
and obligations acquired or assumed by the district from which the
territory was acquired shall succeed to the district to which the
territory is transferred.
§
10.1-521. Determination of
status of district boundaries upon annexation or consolidation
Notwithstanding
the provisions of § 10.1-507, the Board may, in its discretion,
relocate or redefine district boundaries on its own motion pending or
subsequent to any annexation or consolidation.
If
the Board determines on its own motion to relocate or redefine
district boundaries, the Board shall serve written notice of its
determination, containing the full terms of the proposed relocation or
redefinition, on the governing body of each district, county, city and
town affected by the relocation or redefinition of boundaries. If
within forty-five days from the date of service of such notice each
governing body affected approves the Board's action by resolution of a
majority of the members, the Board may then proceed to act on its
motion without a public hearing.
§
10.1-522. Certificate of
Secretary of Commonwealth as evidence
In
any suit, action, or proceeding involving the validity or enforcement
of, or relating to, any contract, proceeding, or action of the
district, the district shall be deemed to have been established,
reorganized, or renamed, in accordance with the provisions of this
chapter upon proof of the issuance of the certificate by the Secretary
of the Commonwealth. A copy of such certificate shall be admissible in
evidence in any such suit, action, or proceeding and shall be proof of
the issuance and contents thereof.
§
10.1-523. Nominating
petitions; notice of election for district directors.
A.
Beginning thirty days after the date of issuance by the Secretary of
the Commonwealth of a certificate of organization of a district, but
not later than the filing date specified in § 24.2-507 for the
November 2003 general election and each fourth year thereafter,
nominating petitions, statements of qualifications, and declarations
of candidacy shall be filed with the general registrar of the county
or city where the candidate resides, pursuant to §§ 24.2-501,
24.2-503, 24.2-505, 24.2-506, and 24.2-507, to nominate candidates for
elected directors of such districts. Nominating petitions, statements
of qualifications, and declarations of candidacy for elected directors
of existing districts shall be filed with the general registrar of the
county or city where the candidate resides, pursuant to §§ 24.2-501,
24.2-503, 24.2-505, 24.2-506, and 24.2-507. Notice of the date for
filing such petitions and the time of the election shall be published
in a newspaper of general circulation within the district at least
thirty days before the filing date.
B.
Registered voters may sign more than one nominating petition to
nominate more than one candidate for district director.
C.
The Virginia Soil and Water Conservation Board shall give due notice
of an election to be held for the election of district directors.
D.
Beginning in the year 2003, elections shall be held only at the
November general election in 2003 and at the November general election
in each fourth year thereafter.
§
10.1-524. Names of
nominees furnished electoral board; how ballots printed, etc
The
names of all nominees shall be furnished to the secretary of the
electoral board of the respective county or city and shall be printed
upon ballots. The ballots shall be printed, voted, counted and
canvassed in conformity with the provisions of general law relating to
elections, except as herein otherwise provided.
§
10.1-525. Canvassing
returns.
The
result of the election shall be canvassed and certified by the
electoral board for the county or city in which the candidate resides
pursuant to §§ 24.2-671 through 24.2-678. The State Board of
Elections shall, promptly after the meeting required by § 24.2-679,
certify to the Director of the Department of Conservation and
Recreation a list of the candidates elected and certified as Directors
of Soil and Water Conservation Districts, as reported pursuant to §
24.2-675.
§
10.1-526. Persons eligible
to vote
All
registered voters residing within each county or city or part thereof
shall be eligible to vote in the election for their respective
nominees.
§
10.1-527. Determination of
candidates elected
If
the district embraces one county or city, or less than one county or
city, the three candidates who receive the largest number of the votes
cast in the election shall be elected directors for the district.
If the district embraces more than one county
or city, or parts thereof, the two candidates from each county or
city, or part thereof, receiving the largest number of the votes cast
in the election shall be the elected directors for the district.
§
10.1-528. Expenses and
publication of results.
The
expenses of such elections shall be paid by the counties or cities
concerned. The State Board of Elections shall publish, or have
published within the district, the results of the election.
§
10.1-529. District
directors constitute governing body; qualifications
The
governing body of the district shall consist of five or more district
directors, elected and appointed as provided in this article.
The
two district directors appointed by the Board shall be persons who are
by training and experience qualified to perform the specialized
skilled services which will be required of them in the performance of
their duties. One of the appointed district directors shall be the
extension agent of the county or city, or one of the counties or
cities constituting the district, or a part thereof. Other appointed
and elected district directors shall reside within the boundaries of
the district.
§ 10.1-530.
Designation of chairman; terms of office; filling vacancies.
A.
The district directors shall designate a chairman from the elected
members, or from the Board-appointed members, of the district board
and may change such designation.
B.
The term of office of each district director shall be four years. A
district director shall hold office until his successor has been
elected or appointed and has qualified. The selection of successors to
fill a full term shall be made in accordance with the provisions of
this article. Beginning in the year 2003, the election of district
directors shall be held at the November 2003 general election and each
fourth year thereafter. The terms of office of elected district
directors shall begin on January 1 following the November general
election. The term of office of any district director elected in
November 1999 shall be extended to the January 1 following the
November 2003 general election. The term of office of any district
director elected in November 2000 shall expire on the January 1
following the November 2003 general election. The term of office of
any district director elected in November 2001 or 2002 shall be
extended to expire on the January 1 following the November general
election in 2007. Appointments made by the Board to the at-large
position held by an extension agent shall be made to commence January
1, 2005, and each fourth year thereafter. Appointments made by the
Board to the other at-large position shall be made to commence January
1, 2007, and each fourth year thereafter. Any appointment made by the
Board prior to January 1, 2005, to an at-large position held by an
extension agent shall be made to expire January 1, 2005; and any
appointment made by the Board prior to January 1, 2007, to the other
at-large position shall be made to expire January 1, 2007.
C.
A vacancy shall exist in the event of the death, resignation or
removal of residence from the district of any director or the
elimination or detachment from the district of the territory in which
a director resides, or by the removal of a director from office by the
Board. Any vacancy in an elected or appointed director's position
shall be filled by an appointment made by the Board for the unexpired
term. In the event of the creation of a new district, the transfer of
territory from an existing district to an existing district, or the
addition of territory not previously within an existing district to an
existing district, the Board may appoint directors to fill the
vacancies of elected directors prescribed by § 10.1-515 in the newly
created district or in the territory added to an existing district.
Such appointed directors shall serve in office until the elected
directors prescribed by § 10.1-515 take office after the next general
election at which directors for the entire district are selected.
§
10.1-531. Quorum and
expenses.
A
majority of the district directors currently in office shall
constitute a quorum and the concurrence of a majority of those present
and voting shall be required for all determinations. A district
director shall receive no compensation for his services, but shall be
entitled to expenses, including traveling expenses, necessarily
incurred in the discharge of his duties.
§
10.1-532. Employment of
officers, agents and employees
The
district directors may employ a secretary-treasurer, whose
qualifications shall be approved by the Board, technical experts, and
such other officers, agents and employees, permanent and temporary, as
they may require, and shall determine their qualifications, duties and
compensation.
§
10.1-533. Delegation of
powers
The
district directors may delegate to their chairman or to one or more
district directors, agents or employees such powers and duties as they
may deem proper.
§
10.1-534. Information
furnished Board
The
district directors shall furnish to the Board or Department, upon
request, copies of ordinances, rules, regulations, orders, contracts,
forms, and other documents that they adopt or employ, and other
information concerning their activities as the Board or Department may
require in the performance of its duties under this chapter.
§
10.1-535. Bonds of
officers and employees; records and accounts
The
district directors shall (i) provide for the execution of surety bonds
for all employees and officers who shall be entrusted with funds or
property; (ii) provide for the keeping of a full and accurate record
of all proceedings and of all resolutions, regulations, and orders
issued or adopted; and (iii) provide for an annual audit of the
accounts of receipts and disbursements by the Auditor of Public
Accounts or a certified public accountant approved by him.
§
10.1-536. Removal from
office
Any
district director may be removed by the Board for neglect of duty or
malfeasance in office, or may be removed in accordance with the
provisions of general law. Upon receipt of a sworn complaint against a
director filed by a majority of the directors of that same district,
the Board shall (i) notify the district director that a complaint has
been filed against him and (ii) hold a hearing to determine whether
the district director's conduct constitutes neglect of duty or
malfeasance in office.
§
10.1-537. Representatives
of governing bodies to be invited to consult with directors
The
district directors shall invite the legislative body of any locality
located near the territory comprised within the district to designate
a representative to advise and consult with the directors of the
district on all questions of program and policy which may affect the
property, water supply, or other interests of such locality.
§
10.1-538. District is
political subdivision
A
soil and water conservation district organized under the provisions of
this article shall constitute a political subdivision of this
Commonwealth.
§
10.1-539. Surveys and
dissemination of information
Districts
are authorized to (i) conduct surveys, investigations, and research
relating to soil erosion and floodwater and sediment damages, and to
agricultural and nonagricultural phases of the conservation,
development, utilization, and disposal of water, and the preventive
and control measures and works of improvement needed; (ii) publish the
results of such surveys, investigations, or research; and (iii)
disseminate information concerning preventive and control measures and
works of improvement. However, in order to avoid duplication of
research activities, no district shall initiate any research program
except in cooperation with the government of the Commonwealth or the
United States.
§
10.1-540. Demonstrational
projects
Districts
are authorized to conduct demonstrational projects within the district
on lands owned or controlled by the Commonwealth or any of its
agencies, with the consent and cooperation of the agency administering
and having jurisdiction thereof, and on any other lands within the
district upon obtaining the consent of the owner and occupier of such
lands or the necessary rights or interests in such lands. The purpose
of such projects is to demonstrate by example the means, methods, and
measures by which soil and water resources may be conserved, and soil
erosion in the form of soil washing may be prevented and controlled,
and works of improvement for flood prevention or agricultural and
nonagricultural phases of the conservation, development, utilization,
and disposal of water may be carried out.
§
10.1-541. Preventive and
control measures
Districts
are authorized to carry out preventive and control measures and works
of improvement for flood prevention or agricultural and
nonagricultural phases of the conservation, development, utilization,
and disposal of water within the district including, but not limited
to, engineering operations, methods of cultivation, the growing of
vegetation and changes in use of land on lands owned or controlled by
the Commonwealth or any of its agencies, with the consent and
cooperation of the agency administering and having jurisdiction
thereof, and on any other lands within the district upon obtaining the
consent of the owner and occupier of such lands or the necessary
rights or interests in such lands.
§
10.1-542. Financial aid to
agencies and occupiers
Districts
are authorized to enter into agreements, within the limits of
available appropriations, to give, lend or otherwise furnish financial
or other aid to any governmental or other agency, or any occupier of
lands within the district, to provide erosion-control and prevention
operations and works of improvement for flood prevention or
agricultural and nonagricultural phases of the conservation,
development, utilization, and disposal of water within the district.
Agreements shall be subject to such conditions as the directors may
deem necessary to advance the purposes of this chapter.
§
10.1-543. Acquisition,
improvement and disposition of property
Districts
are authorized to (i) obtain options upon and to acquire, by purchase,
exchange, lease, gift, grant, bequest, devise, or otherwise, any
property, real or personal, or rights or interests therein; (ii)
maintain, administer, and improve any properties acquired, to receive
income from such properties and to expend such income in carrying out
the purposes and provisions of this article; and (iii) sell, lease, or
otherwise dispose of any of their property or interests therein in
furtherance of the provisions of this chapter.
§
10.1-544. Making material
and equipment available
Districts
are authorized to make available, on terms they prescribe, to land
occupiers within the district, agricultural and engineering machinery
and equipment, fertilizer, seeds and seedlings and other material or
equipment that will assist land occupiers to conserve soil resources,
to prevent and control soil erosion and to prevent floods or to carry
out the agricultural and nonagricultural phases of the conservation,
development, utilization, and disposal of water.
§
10.1-545. Construction,
improvement, operation and maintenance of structures
Districts
are authorized to construct, improve, operate and maintain such
structures as may be necessary or convenient for the performance of
any of the operations authorized in this chapter
§
10.1-546. Development of
programs and plans
Districts
are authorized to develop comprehensive programs and plans for the
conservation of soil resources, for the control and prevention of soil
erosion, for flood prevention or for agricultural and nonagricultural
phases of the conservation, development, utilization, and disposal of
water within the district. Such programs and plans shall specify the
acts, procedures, performances, and avoidances which are necessary or
desirable to effect such programs and plans, including the
specification of engineering operations, methods of cultivation, the
growing of vegetation, cropping programs, tillage practices, and
changes in use of land. After such programs and plans have been
approved by the Board, districts are authorized to publish such
programs and plans, and information, and bring them to the attention
of occupiers of lands within the district.
§ 10.1-546.1. Delivery of
Agricultural Best Management Practices Cost-Share Assistance Program.
Districts shall locally deliver the
Commonwealth's Agricultural Best Management Practices Cost-Share
Assistance Program, under the direction of the Department, as a means
of promoting voluntary adoption of conservation management practices
by farmers and land managers in support of the Department's nonpoint
source pollution management program.
§
10.1-547. Acquisition and
administration of projects; acting as agent for United States, etc.;
acceptance of gifts
Districts
shall have the following additional authority:
1.
To acquire by purchase, lease, or other similar means, and to
administer, any soil conservation, flood prevention, drainage,
irrigation, agricultural and nonagricultural water management, erosion
control, or erosion prevention project, or combinations thereof,
located within its boundaries undertaken by the United States or any
of its agencies, or by the Commonwealth or any of its agencies;
2.
To manage, as agent of the United States or any of its agencies, or of
the Commonwealth or any of its agencies, any soil conservation, flood
prevention, drainage, irrigation, agricultural and nonagricultural
water management, erosion control or erosion prevention project, or
combinations thereof, within its boundaries;
3.
To act as agent for the United States or any of its agencies, or for
the Commonwealth or any of its agencies, in connection with the
acquisition, construction, maintenance, operation, or administration
of any soil conservation, flood prevention, drainage, irrigation,
agricultural and nonagricultural water management, erosion control, or
erosion prevention project, or combinations thereof, within its
boundaries;
4.
To accept donations, gifts, and contributions in money, services,
materials, or otherwise, from the United States or any of its
agencies, or from the Commonwealth or any of its agencies or from any
other source, and to use or expend such moneys, services, materials,
or other contributions in carrying on its operations.
§
10.1-548. Contracts; rules
Districts
are authorized to have a seal; to have perpetual succession unless
terminated as hereinafter provided; to make and execute contracts and
other instruments necessary or convenient to the exercise of their
powers; to make, amend and repeal regulations not inconsistent with
this chapter, to effect their purposes and powers.
§
10.1-549. Cooperation
between districts
The
directors of any two or more districts may cooperate in the exercise
of any or all powers conferred in this chapter.
§
10.1-549.1. Virginia
Envirothon
Districts
in partnership with other districts, agencies, organizations, and
associations are authorized to coordinate and implement the Virginia
Envirothon Program, administered by the Virginia Association of Soil
and Water Conservation Districts, which enables learning experiences
for high school students through competitive events focusing on
natural resource conservation.
§
10.1-550. State agencies
to cooperate
Agencies
of the Commonwealth which have jurisdiction over or administer any
state-owned lands, and agencies of any political subdivision of the
Commonwealth which have jurisdiction over or administer any publicly
owned lands lying within the boundaries of any district, shall
cooperate to the fullest extent with the district directors in the
effectuation of programs and operations undertaken pursuant to this
chapter. The district directors shall be given free access to enter
and perform work upon such public-owned lands.
§
10.1-551. Conditions for
extension of benefits
As
a condition to the extending of any benefits under this chapter to, or
the performance of work upon, any lands not owned or controlled by the
Commonwealth or any of its agencies, the district directors may
require contributions in money, services, materials, or otherwise to
any operations conferring such benefits, and may require land
occupiers to enter into and perform such agreements or covenants as to
the permanent use of such lands that will tend to prevent or control
erosion and prevent floodwaters and sediment damages thereon.
§
10.1-552. Renting
machinery and equipment
Districts
are authorized to rent the machinery and other equipment made
available to them by the Department to governing bodies and,
individuals, or groups of individuals to be used by them for the
purpose of soil and water conservation upon such terms as the district
directors deem proper.
§
10.1-553. Petition by
landowners
Any
time after two years after the organization of a district, any
twenty-five owners of land lying within the boundaries of the district
may file a petition with the Board requesting that the operations of
the district be terminated and the existence of the district
discontinued.
§
10.1-554. Hearings
The
Board may conduct public meetings and public hearings upon the
termination petition to assist it in the considerations thereof.
§
10.1-555. Referendum.
Within
sixty days after a termination petition has been received by the Board
it shall give due notice of the holding of a referendum and shall
supervise the referendum, and issue appropriate regulations governing
the conduct thereof. The ballot shall contain the following question:
"Shall the existence of the (name of the soil and water
conservation district) be terminated?
_
Yes
_
No"
All
registered voters residing within the boundaries of the district shall
be eligible to vote in the referendum. No informalities in the conduct
of the referendum or in any related matters shall invalidate the
referendum or the result if proper notice has been given and if the
referendum has been fairly conducted.
(Code
1950, § 21-108; 1964, c. 512; 1988, c. 891.)
§
10.1-556. Determination of Board
The
Board shall publish the result of the referendum and shall thereafter
consider and determine whether the continued operation of the district
within the defined boundaries is administratively practicable and
feasible. If the Board determines that the continued operation of the
district is administratively practicable and feasible, it shall record
the determination and deny the petition. If the Board determines that
the continued operation of the district is not administratively
practicable and feasible, it shall record its determination and
certify the determination to the district directors. In making its
determination the Board shall consider the proportion of the votes
cast in favor of the discontinuance of the district to the total
number of votes cast, the probable expense of carrying on erosion
control operations within the district, and other relevant economic
and social factors. However, the Board shall not have authority to
determine that the continued operation of the district is
administratively practicable and feasible unless at least a majority
of the votes cast in the referendum have been cast in favor of the
continuance of such district.
§
10.1-557. Duty of
directors after certification of Board
Upon
receiving from the Board certification that the Board has determined
that the continued operation of the district is not administratively
practicable and feasible, the district directors shall proceed to
determine the affairs of the district. The district directors shall
dispose of all property belonging to the district at public auction
and shall pay the proceeds of the sale into the state treasury. The
district directors shall then file an application, duly verified, with
the Secretary of the Commonwealth, for the discontinuance of the
district, and shall transmit with the application the certificate of
the Board setting forth the determination of the Board that the
continued operation of the district is not administratively
practicable and feasible. The application shall recite that the
property of the district has been disposed of and the proceeds paid
over as provided by law, and shall set forth a full accounting of such
properties and proceeds of the sale. The Secretary of the Commonwealth
shall issue to the district directors a certificate of dissolution and
shall record the certificate in an appropriate book of record in his
office.
§
10.1-558. Effect of
issuance of certificate of dissolution
Upon
issuance of a certificate of dissolution, all ordinances and
regulations previously adopted and in force within such district shall
be of no further force. All contracts entered into, to which the
district or district directors are parties, shall remain in force for
the period provided in the contracts. The Board shall
be
substituted for the district or district directors as party to the
contracts. The Board shall be entitled to all benefits and subject to
all liabilities under the contracts and shall have the same right and
liability to perform, to require performance, to sue and be sued
thereon, and to modify or terminate such contracts by mutual consent
or otherwise, as the district directors would have had.
§
10.1-559. Petitions
limited to once in five years
The
Board shall not entertain petitions for the discontinuance of any
district, conduct elections upon such petitions or make determinations
pursuant to such petitions more often than once in five years.
§
10.1-559.1. Definitions.
As
used in this article, unless the context requires a different meaning:
"Agricultural
activity" means any activity used in the production of food and
fiber, including, but not limited to, farming, feedlots, grazing
livestock, poultry raising, dairy farming, and aquaculture activities.
"Agricultural
stewardship plan" or "plan" means a site-specific plan
for an agricultural activity to manage, through use of stewardship
measures, one or more of the following: soil, water, plants, plant
nutrients, pest controls, wastes, and animals.
"Commissioner"
means the Commissioner of Agriculture and Consumer Services.
"Complaint"
means an allegation made by any person to the Commissioner that an
owner's or operator's agricultural activity is creating or, if not
changed, will create pollution and that states the location and nature
of such agricultural activity.
"Informal
fact-finding conference" means an informal fact-finding
conference conducted in accordance with § 2.2-4019.
"Operator"
means any person who exercises managerial control over any
agricultural activity.
"Owner"
means any person who owns land on which an agricultural activity
occurs.
"Person"
means an individual, a partnership, an association, a corporation or
any government or unit of government.
"Pollution"
means any alteration of the physical, chemical or biological
properties of any state waters resulting from sedimentation,
nutrients, or toxins.
"State
waters" means all water, on the surface or in the ground, wholly
or partially within or bordering the Commonwealth or within its
jurisdiction.
"Stewardship
measures" or "measures" means measures for controlling
the addition of pollutants from existing and new categories and
classes of nonpoint sources of pollution which reflect the pollutant
reduction achievable through the application of the best available
nonpoint pollution control methods, technologies, processes, siting
criteria, operating methods or other alternatives. "Stewardship
measures" or "measures" includes (i) agricultural water
quality protection management measures described in the Virginia
Agricultural Best Management Practices Manual and (ii) agricultural
water quality protection management measures contained in the United
States Department of Agriculture's Natural Resources Conservation
Service Field Office Technical Guide. (1996,
c. 773; 2000, c. 973.)
§
10.1-559.2. Exclusions from article.
This
article shall not apply to any agricultural activity to which (i)
Article 12 (§ 10.1-1181.1 et seq.) of Chapter 11 of this title or
(ii) a permit issued by the State Water Control Board, applies. (1996,
c. 773.)
§
10.1-559.3. Complaint; investigation; agricultural stewardship plan.
A.
After April 1, 1997, upon receiving a complaint, unless the complaint
was made anonymously, the Commissioner shall request that the
directors of the district in which the land lies determine the
validity of the information within twenty-one days. The Commissioner
may investigate or ask the directors of the district to investigate an
anonymous complaint.
B.
The district chairman may, on behalf of the district, act upon or
reject the Commissioner's request. If the district declines to act, it
shall within five days so advise the Commissioner, who shall determine
the validity of the complaint.
C.
If, after investigating a complaint, the Commissioner determines that
substantial evidence exists to prove that an agricultural activity is
creating or will create pollution, the Commissioner shall notify the
owner or operator by registered mail, return receipt requested. If,
after investigation, the Commissioner determines that the pollution is
a direct result of unusual weather events or other exceptional
circumstances which could not have been reasonably anticipated, or
determines that the pollution is not a threat to human health, animal
health, or aquatic life, water quality or recreational or other
beneficial uses, the Commissioner may forego any additional action.
Copies of the notice shall be sent to the district in which the
agricultural activity is located. The notice shall state that, within
sixty days of the receipt of the notice, the owner or operator shall
submit to the Commissioner and district an agricultural stewardship
plan which includes stewardship measures needed to prevent or cease
the pollution. The district shall review the plan and, if the plan
includes such measures, the Commissioner shall approve the plan within
thirty days after he receives it. Upon approving the owner's or
operator's plan, the Commissioner shall inform the owner or operator
and the complainant that a plan has been approved. The owner or
operator shall begin implementing the approved agricultural
stewardship plan within six months of the date on which the owner or
operator received the notice that the agricultural activity is
creating or will create pollution.
D.
The plan shall include an implementation schedule, and implementation
of the plan shall be completed within a period specified by the
Commissioner, based upon the seasons and other temporal considerations
so that the period is that during which the possibility of success in
establishment or construction of the measures required in the plan is
the greatest, which shall not exceed eighteen months from receipt of
notice. However, the Commissioner may grant an extension of up to 180
days if (i) a hardship exists and (ii) the request for an extension
was made not later than sixty days before the scheduled completion
date. The Commissioner shall, within thirty days of receiving the
request, inform the owner or operator whether or not an extension has
been granted.
E.
After implementing the approved plan according to the provisions of
the chapter, the owner or operator shall maintain the stewardship
measures established pursuant to the plan. The owner or operator may
change the agricultural activity so long as the Commissioner is
notified.
F.
If the Commissioner determines that substantial evidence does not
exist to prove that an agricultural activity is creating or will
create pollution or that any pollution was caused by unusual weather
events or other exceptional circumstances or that the pollution is not
a threat to human health, animal health or aquatic life or
recreational or other beneficial uses, he shall inform the complainant
and the owner or operator of his determination. Upon approving the
owner's or operator's agricultural stewardship plan, the Commissioner
shall inform the owner or operator and the complainant that a plan has
been approved. (1996,
c. 773; 2000, c. 973.)
§
10.1-559.4. Issuance of corrective orders.
A.
If any owner or operator who has been issued a notice under §
10.1-559.3 fails to submit an agricultural stewardship plan, begin
actively implementing the plan, complete implementation of the plan,
or maintain the stewardship measures as provided in § 10.1-559.3, the
Commissioner shall issue a corrective order to such owner or operator.
The order shall require that such activity be accomplished within a
stated period of time.
B.
A corrective order issued pursuant to subsection A shall be issued
only after an informal fact-finding conference, with reasonable notice
being given to the owner or operator, or both, of the time, place and
purpose thereof, and shall become effective not less than five days
after date of delivery to the last known address as provided in
subsection C. The corrective order shall be suspended pending appeal
by the recipient made within five days after delivery of such order to
the last known address of the owner or operator.
C.
The Commissioner shall mail a copy of the corrective order by
certified mail, return receipt requested, sent to the last known
address of the owner or operator, or by personal delivery by an agent
of the Commonwealth.
D.
Notwithstanding other provisions of this article, if the Commissioner
determines that a recurring polluting condition which is the subject
of an approved plan is occurring or that an emergency condition exists
due to runoff from an agricultural activity which is causing or is
likely to cause an imminent or substantial danger to (i) the public
health, safety or welfare or to the health of animals, fish or aquatic
life; (ii) a public water supply; or (iii) recreational, commercial,
industrial, agricultural, or other beneficial uses, the Commissioner
may issue, without advance notice, informal fact-finding conference or
hearing, an emergency corrective order. Such order may direct the
owner or operator of the agricultural activity, or both, to cease
immediately all or part of the agricultural activity, and to implement
specified stewardship measures or any necessary emergency measures
within a stated period of time. Following the issuance of an emergency
corrective order, the Commissioner shall provide the opportunity for a
hearing or an informal fact-finding conference, after reasonable
notice as to the time and place thereof, to the owner or operator, for
the purpose of affirming, modifying, amending or canceling the
emergency corrective order.
E.
The Commissioner shall not issue a corrective order to any land owner
or operator if the person is:
1.
Actively implementing the agricultural stewardship plan which has been
reviewed by the district in which the agricultural activity is located
and approved by the Commissioner, or
2.
Actively implementing stewardship measures that have failed to prevent
pollution, if the Commissioner determines that the pollution is a
direct result of unusual weather events or other exceptional
circumstances which could not have been reasonably anticipated. (1996,
c. 773; 2000, c. 973.)
§
10.1-559.5. Right of entry; court enforcement.
A.
The district or the Commissioner or his designee may enter land which
is the subject of a complaint, after notice to the owner or operator,
to determine whether the agricultural activity is causing or will
cause pollution of state waters.
B.
Upon failure of any owner or operator to allow the Commissioner or his
designee entry in accordance with subsection A, to implement
stewardship measures in the time specified in a corrective order, or
to maintain stewardship measures in accordance with subsection E of §
10.1-559.3, the Commissioner may present to the circuit court of the
county or city in which the land is located, a petition asking the
court to require the owner or operator to allow the Commissioner or
his designee entry or to carry out such measures within a specified
time. If the owner or operator fails to implement the stewardship
measures specified in the court order, the Commissioner or his
representative may enter the land involved and implement the measures.
The Commissioner shall have the authority to recover the costs of
implementing the stewardship measures from the owner or operator. (1996,
c. 773; 2000, c. 973.)
§
10.1-559.6. Appeal.
Decisions
of the Commissioner may be appealed by persons aggrieved to the
Virginia Soil and Water Conservation Board and thereafter to the
circuit court in accordance with the Administrative Process Act (§
2.2-4000 et seq.). The imposition of any civil penalty shall be
suspended pending such appeals. (1996,
c. 773.)
§
10.1-559.7. Penalties; injunctions; enforcement actions.
A.
Any person violating § 10.1-559.4 or § 10.1-559.5 shall be subject
to a civil penalty not to exceed $5,000 for every violation assessed
by the Commissioner or Board. Each day the violation continues shall
constitute a separate offense. Payments to satisfy such penalties
shall be deposited in a nonreverting, special fund to be used by the
Department of Conservation and Recreation to provide financial
assistance to persons implementing measures specified in the Virginia
Agricultural Best Management Practices Manual. No person who has been
assessed a civil penalty under this section shall be eligible for such
financial assistance until the violation has been corrected and the
penalty paid.
B.
In determining the amount of any penalty, factors to be considered
shall include but not be limited to the willfulness of the violation,
any history of noncompliance, the actions of the owner or operator in
notifying, containing and cleaning up any discharge, the damage or
injury to state waters or the impairment of its uses, and the nature
and degree of injury to or interference with general health, welfare
and property.
C.
The Attorney General shall, upon request, bring an action for an
injunction or other appropriate legal action on behalf of the
Commissioner or Board to enforce the provisions of this article. (1996,
c. 773.)
§
10.1-559.8. Liens.
If
a person who is required to pay a civil penalty under this chapter
fails to do so, the Commissioner may transmit a true copy of the order
assessing such penalty to the clerk of the circuit court of any county
or city wherein it is ascertained that the person owing such penalty
has any estate; and the clerk to whom such copy is transmitted shall
record it, as a judgment is required by law to be recorded, and shall
index it in the name of the Commonwealth as well as in the name of the
person owing the civil penalty, and thereupon there shall be a lien in
favor of the Commonwealth on the property within such locality of the
person owing the civil penalty in the amount of the civil penalty. The
Commissioner and Board may collect civil penalties which are owed in
the same manner as provided by law in respect to judgment of a court
of record. (1996,
c. 773.)
§
10.1-559.9. Guidelines to be published by Commissioner; report.
A.
In consultation with the districts, the Department and interested
persons, the Commissioner shall develop guidelines for the
implementation of this article. These guidelines shall address, among
other things, the conduct of investigations, sources of assistance for
owners and operators, and intergovernmental cooperation. Within ninety
days of the effective date of this section, the Commissioner shall
submit the proposed guidelines to the Registrar of Regulations for
publication in the Virginia Register of Regulations. At least thirty
days shall be provided for public comment after the publication of the
proposed guidelines. After the close of the public comment period, the
Commissioner shall consider the comments that he has received and may
incorporate any changes into the guidelines that he deems appropriate.
He shall develop a written summary and analysis of the comments, which
shall be made available to the public upon request. Thereafter, the
Commissioner shall submit final guidelines for publication in the
Register. The guidelines shall become effective on April 1, 1997. The
Commissioner may alter the guidelines periodically after his proposed
changes have been published in the Register and a public comment
period has been provided.
B.
The Commissioner shall compile a report by August 31 annually listing
the number of complaints received, the nature of each complaint, the
actions taken in resolution of each complaint, and any penalties which
may have been assessed. The Commissioner shall have the discretion to
exclude and keep confidential specific information regarding ongoing
investigations. The Commissioner shall (i) provide the report to the
Board, the Department and to every district, (ii) publish notice in
the Virginia Register that the report is available, and (iii) make the
report available to the public upon request. (1996,
c. 773.)
§
10.1-559.10. Local ordinances.
A.
Any county, city or town may adopt an ordinance creating a complaint,
investigation and agricultural stewardship plan development program.
Ordinances adopted pursuant to this section may contain only
provisions which parallel §§ 10.1-559.2 and 10.1-559.3. No such
ordinance shall provide for the imposition of civil or criminal
sanctions against an operator or owner who fails to implement a plan.
If an owner or operator fails to implement a plan, the local governing
body shall submit a complaint to the Commissioner as provided in §
10.1-559.3.
B.
This section shall not apply to any ordinance (i) in existence on July
1, 1996, or (ii) adopted pursuant to the Chesapeake Bay Preservation
Act (§ 10.1-2100 et seq.).
(1996,
c. 773.)
§
10.1-559.11. Construction of article.
Nothing
in this article shall be construed as duplicative of regulations
governing agricultural practices under the Chesapeake Bay Preservation
Act. (1996,
c. 773.)
§
10.1-560. Definitions.
As
used in this article, unless the context requires a different meaning:
"Agreement
in lieu of a plan" means a contract between the plan-approving
authority and the owner which specifies conservation measures which
must be implemented in the construction of a single-family residence;
this contract may be executed by the plan-approving authority in lieu
of a formal site plan.
"Applicant"
means any person submitting an erosion and sediment control plan for
approval or requesting the issuance of a permit, when required,
authorizing land-disturbing activities to commence.
"Certified
inspector" means an employee or agent of a program authority who
(i) holds a certificate of competence from the Board in the area of
project inspection or (ii) is enrolled in the Board's training program
for project inspection and successfully completes such program within
one year after enrollment.
"Certified
plan reviewer" means an employee or agent of a program authority
who (i) holds a certificate of competence from the Board in the area
of plan review, (ii) is enrolled in the Board's training program for
plan review and successfully completes such program within one year
after enrollment, or (iii) is licensed as a professional engineer,
architect, certified landscape architect or land surveyor pursuant to
Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1.
"Certified
program administrator" means an employee or agent of a program
authority who (i) holds a certificate of competence from the Board in
the area of program administration or (ii) is enrolled in the Board's
training program for program administration and successfully completes
such program within one year after enrollment.
"Conservation
plan," "erosion and sediment control plan," or
"plan" means a document containing material for the
conservation of soil and water resources of a unit or group of units
of land. It may include appropriate maps, an appropriate soil and
water plan inventory and management information with needed
interpretations, and a record of decisions contributing to
conservation treatment. The plan shall contain all major conservation
decisions to assure that the entire unit or units of land will be so
treated to achieve the conservation objectives.
"District"
or "soil and water conservation district" means a political
subdivision of this Commonwealth organized in accordance with the
provisions of Article 3 (§ 10.1-506 et seq.) of this chapter.
"Erosion
impact area" means an area of land not associated with current
land-disturbing activity but subject to persistent soil erosion
resulting in the delivery of sediment onto neighboring properties or
into state waters. This definition shall not apply to any lot or
parcel of land of 10,000 square feet or less used for residential
purposes or to shorelines where the erosion results from wave action
or other coastal processes.
"Land-disturbing
activity" means any land change which may result in soil erosion
from water or wind and the movement of sediments into state waters or
onto lands in the Commonwealth, including, but not limited to,
clearing, grading, excavating, transporting and filling of land,
except that the term shall not include:
1.
Minor land-disturbing activities such as home gardens and individual
home landscaping, repairs and maintenance work;
2.
Individual service connections;
3.
Installation, maintenance, or repair of any underground public utility
lines when such activity occurs on an existing hard surfaced road,
street or sidewalk provided the land-disturbing activity is confined
to the area of the road, street or sidewalk which is hard surfaced;
4.
Septic tank lines or drainage fields unless included in an overall
plan for land-disturbing activity relating to construction of the
building to be served by the septic tank system;
5.
Surface or deep mining;
6.
Exploration or drilling for oil and gas including the well site,
roads, feeder lines and off-site disposal areas;
7.
Tilling, planting, or harvesting of agricultural, horticultural, or
forest crops, or livestock feedlot operations; including engineering
operations as follows: construction of terraces, terrace outlets,
check dams, desilting basins, dikes, ponds, ditches, strip cropping,
lister furrowing, contour cultivating, contour furrowing, land
drainage and land irrigation; however, this exception shall not apply
to harvesting of forest crops unless the area on which harvesting
occurs is reforested artificially or naturally in accordance with the
provisions of Chapter 11 (§ 10.1-1100 et seq.) of this title or is
converted to bona fide agricultural or improved pasture use as
described in subsection B of § 10.1-1163;
8.
Repair or rebuilding of the tracks, right-of-way, bridges,
communication facilities and other related structures and facilities
of a railroad company;
9.
Agricultural engineering operations including but not limited to the
construction of terraces, terrace outlets, check dams, desilting
basins, dikes, ponds not required to comply with the provisions of the
Dam Safety Act, Article 2 (§ 10.1-604 et seq.) of Chapter 6 of this
title, ditches, strip cropping, lister furrowing, contour cultivating,
contour furrowing, land drainage and land irrigation;
10.
Disturbed land areas of less than 10,000 square feet in size; however,
the governing body of the program authority may reduce this exception
to a smaller area of disturbed land or qualify the conditions under
which this exception shall apply;
11.
Installation of fence and sign posts or telephone and electric poles
and other kinds of posts or poles;
12.
Shore erosion control projects on tidal waters when the projects are
approved by local wetlands boards, the Marine Resources Commission or
the United States Army Corps of Engineers; and
13.
Emergency work to protect life, limb or property, and emergency
repairs; however, if the land-disturbing activity would have required
an approved erosion and sediment control plan, if the activity were
not an emergency, then the land area disturbed shall be shaped and
stabilized in accordance with the requirements of the plan-approving
authority.
"Local
erosion and sediment control program" or "local control
program" means an outline of the various methods employed by a
program authority to regulate land-disturbing activities and thereby
minimize erosion and sedimentation in compliance with the state
program and may include such items as local ordinances, policies and
guidelines, technical materials, inspection, enforcement and
evaluation.
"Owner"
means the owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of
rents, receiver, executor, trustee, lessee or other person, firm or
corporation in control of a property.
"Permittee"
means the person to whom the permit authorizing land-disturbing
activities is issued or the person who certifies that the approved
erosion and sediment control plan will be followed.
"Person"
means any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board,
public or private institution, utility, cooperative, county, city,
town, or other political subdivision of the Commonwealth, any
interstate body, or any other legal entity.
"Plan-approving
authority" means the Board, the program authority, or a
department of a program authority, responsible for determining the
adequacy of a conservation plan submitted for land-disturbing
activities on a unit or units of lands and for approving plans.
"Program
authority" means a district, county, city, or town which has
adopted a soil erosion and sediment control program which has been
approved by the Board.
"State
erosion and sediment control program" or "state
program" means the program administered by the Board pursuant to
this article, including regulations designed to minimize erosion and
sedimentation.
"State
waters" means all waters on the surface and under the ground
wholly or partially within or bordering the Commonwealth or within its
jurisdiction.
"Town"
means an incorporated town.
(1973,
c. 486, § 21-89.3; 1974, c. 265; 1977, c. 149; 1980, c. 305; 1988,
cc. 690, 732, 891; 1990, c. 491; 1991, c. 469; 1992, c. 184; 1993, c.
925; 1994, c. 703.)
§
10.1-561. State erosion and sediment control program.
A.
The Board shall develop a program and promulgate regulations for the
effective control of soil erosion, sediment deposition and
nonagricultural runoff which must be met in any control program to
prevent the unreasonable degradation of properties, stream channels,
waters and other natural resources in accordance with the
Administrative Process Act (§ 2.2-4000 et seq.).
The
regulations shall:
1.
Be based upon relevant physical and developmental information
concerning the watersheds and drainage basins of the Commonwealth,
including, but not limited to, data relating to land use, soils,
hydrology, geology, size of land area being disturbed, proximate water
bodies and their characteristics, transportation, and public
facilities and services;
2.
Include such survey of lands and waters as may be deemed appropriate
by the Board or required by any applicable law to identify areas,
including multijurisdictional and watershed areas, with critical
erosion and sediment problems; and
3.
Contain conservation standards for various types of soils and land
uses, which shall include criteria, techniques, and methods for the
control of erosion and sediment resulting from land-disturbing
activities.
B.
The Board shall provide technical assistance and advice to, and
conduct and supervise educational programs for, districts and
localities which have adopted local control programs.
C.
The program and regulations shall be available for public inspection
at the Department.
D.
The Board shall promulgate regulations establishing minimum standards
of effectiveness of erosion and sediment control programs, and
criteria and procedures for reviewing and evaluating the effectiveness
of erosion and sediment control programs. In developing minimum
standards for program effectiveness, the Board shall consider
information and standards on which the regulations promulgated
pursuant to subsection A of this section are based.
E.
The Board shall periodically conduct a comprehensive review and
evaluation to ensure that all erosion and sediment control programs
operating under the jurisdiction of this article meet minimum
standards of effectiveness in controlling soil erosion, sediment
deposition and nonagricultural runoff. The Board shall develop a
schedule for conducting periodic reviews and evaluations of the
effectiveness of erosion and sediment control programs.
F.
The Board shall issue certificates of competence concerning the
content, application and intent of specified subject areas of this
chapter and accompanying regulations, including program
administration, plan review, and project inspection, to personnel of
program authorities and to any other persons who have completed
training programs or in other ways demonstrated adequate knowledge.
The Department shall administer education and training programs for
specified subject areas of this chapter and accompanying regulations,
and is authorized to charge persons attending such programs reasonable
fees to cover the costs of administering the programs.
(1973,
c. 486, § 21-89.4; 1988, cc. 732, 891; 1993, c. 925.)
§
10.1-561.1. Certification of local program personnel.
A.
The minimum standards of local program effectiveness established by
the Board pursuant to subsection D of § 10.1-561 shall provide that
within one year following the adoption of amendments to the local
program adding the provisions of this section, (i) a conservation plan
shall not be approved until it is reviewed by a certified plan
reviewer; (ii) inspections of land-disturbing activities are conducted
by a certified inspector; and (iii) a local program shall contain a
certified program administrator, a certified plan reviewer, and a
certified project inspector, who may be the same person.
B.
Any person who holds a certificate of competence from the Board in the
areas of plan review, project inspection, or program administration
which was attained prior to the adoption of the mandatory
certification provisions of subsection A of this section shall be
deemed to satisfy the requirements of that area of certification.
(1993,
c. 925.)
§
10.1-562. Local erosion and sediment control programs.
A.
Each district in the Commonwealth shall adopt and administer an
erosion and sediment control program for any area within the district
for which a county, city, or town does not have an approved erosion
and sediment control program.
To
carry out its program the district shall adopt regulations consistent
with the state program. The regulations may be revised from time to
time as necessary. Before adopting or revising regulations, the
district shall give due notice and conduct a public hearing on the
proposed or revised regulations except that a public hearing shall not
be required when the district is amending its program to conform to
revisions in the state program. However, a public hearing shall be
held if a district proposes or revises regulations that are more
stringent than the state program. The program and regulations shall be
available for public inspection at the principal office of the
district.
B.
In areas where there is no district, a county, city, or town shall
adopt and administer an erosion and sediment control program.
C.
Any county, city, or town within a district may adopt and administer
an erosion and sediment control program.
Any
town, lying within a county which has adopted its own erosion and
sediment control program, may adopt its own program or become subject
to the county program. If a town lies within the boundaries of more
than one county, the town shall be considered for the purposes of this
article to be wholly within the county in which the larger portion of
the town lies. Any county, city, or town with an erosion and sediment
control program may designate its department of public works or a
similar local government department as the plan-approving authority or
may designate the district as the plan-approving authority for all or
some of the conservation plans.
D.
Any erosion and sediment control program adopted by a district,
county, city, or town shall be approved by the Board if it is
consistent with the state program and regulations for erosion and
sediment control.
E.
If a review conducted by the Board of a local control program
indicates that the program authority has not administered, enforced or
conducted its program in a manner that satisfies the minimum standards
of effectiveness established pursuant to subsection D of § 10.1-561,
the Board shall notify the program authority in writing, which notice
shall identify corrective action required to attain the minimum
standard of effectiveness and shall include an offer to provide
technical assistance to implement the corrective action. If the
program authority has not implemented the corrective action identified
by the Board within thirty days following receipt of the notice, or
such additional period as is necessary to complete the implementation
of the corrective action, then the Board shall revoke its approval of
the program. Prior to revoking its approval of any local control
program, the Board shall conduct a formal hearing pursuant to §
2.2-4020 of the Administrative Process Act. Judicial review of any
order of the Board revoking its approval of a local control program
shall be made in accordance with Article 4 (§ 2.2-4025 et seq.) of
the Administrative Process Act.
F.
If the Board revokes its approval of a local control program of a
county, city, or town, and the locality is in a district, the district
shall adopt and administer an erosion and sediment control program for
the locality.
G.
If the Board (i) revokes its approval of a local control program of a
district, or of a county, city, or town not in a district, or (ii)
finds that a local program consistent with the state program and
regulations has not been adopted by a district or a county, city, or
town which is required to adopt and administer a local program, the
Board shall, after such hearings or consultations as it deems
appropriate with the various local interests involved, develop, adopt,
and administer an appropriate program to be carried out within such
district, county, city, or town, as applicable, by the Board.
H.
If the Board has revoked its approval of any local control program,
the program authority may request that the Board approve a replacement
program, and the Board shall approve the replacement program if it
finds that (i) the program authority is capable of administering the
program in accordance with the minimum standards of effectiveness and
(ii) the replacement program otherwise meets the requirements of the
state program and regulations. The Board shall conduct a formal
hearing pursuant to § 9-6.14:12 of the Administrative Process Act on
any request for approval of a replacement program.
I.
Any program authority which administers an erosion and sediment
control program may charge applicants a reasonable fee to defray the
cost of program administration. A program authority shall hold a
public hearing prior to enacting an ordinance establishing a schedule
of fees. The fee shall not exceed an amount commensurate with the
services rendered, taking into consideration the time, skill and
administrators' expense involved.
J.
The governing body of any county, city or town which (i) is in a
district which has adopted a local control program, (ii) has adopted
its own local control program, (iii) is subject to a local control
program adopted by the Board, or (iv) administers a local control
program, may adopt an ordinance providing that violations of any
regulation or order of the Board, any provision of its program, any
condition of a permit, or any provision of this article shall be
subject to a civil penalty. The civil penalty for any one violation
shall be $100, except that the civil penalty for commencement of
land-disturbing activities without an approved plan as provided in §
10.1-563 shall be $1,000. Each day during which the violation is found
to have existed shall constitute a separate offense. In no event shall
a series of specified violations arising from the same operative set
of facts result in civil penalties which exceed a total of $3,000,
except that a series of violations arising from the commencement of
land-disturbing activities without an approved plan for any site shall
not result in civil penalties which exceed a total of $10,000.
Adoption of such an ordinance providing that violations are subject to
a civil penalty shall be in lieu of criminal sanctions and shall
preclude the prosecution of such violation as a misdemeanor under
subsection A of § 10.1-569.
(1973,
c. 486, § 21-89.5; 1976, c. 653; 1978, c. 450; 1980, c. 35; 1983, c.
189; 1988, cc. 732, 891; 1992, c. 298; 1993, c. 925.)
§
10.1-563. Regulated land-disturbing activities; submission and
approval of control plan.
A.
Except as provided in § 10.1-564, no person may engage in any
land-disturbing activity until he has submitted to the district or
locality an erosion and sediment control plan for the land-disturbing
activity and the plan has been reviewed and approved by the
plan-approving authority. Where land-disturbing activities involve
lands under the jurisdiction of more than one local control program an
erosion and sediment control plan may, at the option of the applicant,
be submitted to the Board for review and approval rather than to each
jurisdiction concerned. Where the land-disturbing activity results
from the construction of a single-family residence, an agreement in
lieu of a plan may be substituted for an erosion and sediment control
plan if executed by the plan-approving authority.
B.
The plan-approving authority shall review conservation plans submitted
to it and grant written approval within forty-five days of the receipt
of the plan if it determines that the plan meets the requirements of
the Board's regulations and if the person responsible for carrying out
the plan certifies that he will properly perform the conservation
measures included in the plan and will conform to the provisions of
this article. In addition, as a prerequisite to approval of the plan,
the person responsible for carrying out the plan shall provide the
name of an individual holding a certificate of competence, as provided
by § 10.1-561, who will be in charge of and responsible for carrying
out the land-disturbing activity.
When
a plan is determined to be inadequate, written notice of disapproval
stating the specific reasons for disapproval shall be communicated to
the applicant within forty-five days. The notice shall specify the
modifications, terms and conditions that will permit approval of the
plan. If no action is taken by the plan-approving authority within the
time specified above, the plan shall be deemed approved and the person
authorized to proceed with the proposed activity.
C.
An approved plan may be changed by the authority that approved the
plan in the following cases:
1.
Where inspection has revealed that the plan is inadequate to satisfy
applicable regulations; or
2.
Where the person responsible for carrying out the approved plan finds
that because of changed circumstances or for other reasons the
approved plan cannot be effectively carried out, and proposed
amendments to the plan, consistent with the requirements of this
article, are agreed to by the plan-approving authority and the person
responsible for carrying out the plan.
D.
Electric, natural gas and telephone utility companies, interstate and
intrastate natural gas pipeline companies and railroad companies shall
file general erosion and sediment control specifications annually with
the Board for review and approval. The specifications shall apply to:
1.
Construction, installation or maintenance of electric transmission,
natural gas and telephone utility lines and pipelines; and
2.
Construction of the tracks, rights-of-way, bridges, communication
facilities and other related structures and facilities of the railroad
company.
The
Board shall have sixty days in which to approve the specifications. If
no action is taken by the Board within sixty days, the specifications
shall be deemed approved. Individual approval of separate projects
within subdivisions 1 and 2 of this subsection is not necessary when
approved specifications are followed. Projects not included in
subdivisions 1 and 2 of this subsection shall comply with the
requirements of the appropriate local erosion and sediment control
program. The Board shall have the authority to enforce approved
specifications.
E.
In order to prevent further erosion a local program may require
approval of a conservation plan for any land identified in the local
program as an erosion impact area.
F.
For the purposes of subsections A and B of this section, when
land-disturbing activity will be required of a contractor performing
construction work pursuant to a construction contract, the
preparation, submission and approval of an erosion and sediment
control plan shall be the responsibility of the owner.
(1973,
c. 486, § 21-89.6; 1979, c. 432; 1988, cc. 732, 891; 1993, c. 925;
1999, c. 555; 2001, c. 490.)
§
10.1-564. State agency projects.
A.
A state agency shall not undertake a project involving a
land-disturbing activity unless (i) the state agency has submitted
annual specifications for its conduct of land-disturbing activities
which have been reviewed and approved by the Department as being
consistent with the state program or (ii) the state agency has
submitted a conservation plan for the project which has been reviewed
and approved by the Department.
B.
The Department shall not approve a conservation plan submitted by a
federal or state agency for a project involving a land-disturbing
activity (i) in any locality which has not adopted a local program
with more stringent regulations than those of the state program or
(ii) in multiple jurisdictions with separate local programs, unless
the conservation plan is consistent with the requirements of the state
program.
C.
The Department shall not approve a conservation plan submitted by a
federal or state agency for a project involving a land-disturbing
activity in one locality with a local program with more stringent
regulations than those of the state program unless the conservation
plan is consistent with the requirements of the local program. If a
locality has not submitted a copy of its local program regulations to
the Department, the provisions of subsection B of this section shall
apply.
D.
The Department shall have sixty days in which to comment on any
specifications or conservation plan submitted to it for review, and
its comments shall be binding on the state agency and any private
business hired by the state agency.
E.
As on-site changes occur, the state agency shall submit changes in a
conservation plan to the Department.
F.
The state agency responsible for the land-disturbing activity shall
ensure compliance with the approved plan or specifications.
(1973,
c. 486, § 21-89.6; 1979, c. 432; 1988, c. 891; 1993, c. 925.)
§
10.1-565. Approved plan required for issuance of grading, building, or
other permits; security for performance.
Agencies
authorized under any other law to issue grading, building, or other
permits for activities involving land-disturbing activities may not
issue any such permit unless the applicant submits with his
application an approved erosion and sediment control plan and
certification that the plan will be followed. Prior to issuance of any
permit, the agency may also require an applicant to submit a
reasonable performance bond with surety, cash escrow, letter of
credit, any combination thereof, or such other legal arrangement
acceptable to the agency, to ensure that measures could be taken by
the agency at the applicant's expense should he fail, after proper
notice, within the time specified to initiate or maintain appropriate
conservation action which may be required of him by the approved plan
as a result of his land-disturbing activity. The amount of the bond or
other security for performance shall not exceed the total of the
estimated cost to initiate and maintain appropriate conservation
action based on unit price for new public or private sector
construction in the locality and a reasonable allowance for estimated
administrative costs and inflation which shall not exceed twenty-five
percent of the estimated cost of the conservation action. If the
agency takes such conservation action upon such failure by the
permittee, the agency may collect from the permittee for the
difference should the amount of the reasonable cost of such action
exceed the amount of the security held. Within sixty days of the
achievement of adequate stabilization of the land-disturbing activity
in any project or section thereof, the bond, cash escrow, letter of
credit or other legal arrangement, or the unexpended or unobligated
portion thereof, shall be refunded to the applicant or terminated
based upon the percentage of stabilization accomplished in the project
or section thereof. These requirements are in addition to all other
provisions of law relating to the issuance of such permits and are not
intended to otherwise affect the requirements for such permits.
(1973,
c. 486, § 21-89.7; 1980, c. 35; 1988, cc. 694, 891; 1996, c. 275.)
§
10.1-566. Monitoring, reports and inspections.
A.
The plan-approving authority or, if a permit is issued in connection
with land-disturbing activities which involve the issuance of a
grading, building, or other permit, the permit-issuing authority (i)
shall provide for periodic inspections of the land-disturbing activity
and require that an individual holding a certificate of competence, as
provided by § 10.1-561, who will be in charge of and responsible for
carrying out the land-disturbing activity and (ii) may require
monitoring and reports from the person responsible for carrying out
the plan, to ensure compliance with the approved plan and to determine
whether the measures required in the plan are effective in controlling
erosion and sediment. The owner, permittee, or person responsible for
carrying out the plan shall be given notice of the inspection. If the
permit-issuing authority or plan-approving authority determines that
there is a failure to comply with the plan, notice shall be served
upon the permittee or person responsible for carrying out the plan by
registered or certified mail to the address specified in the permit
application or in the plan certification, or by delivery at the site
of the land-disturbing activities to the agent or employee supervising
such activities. Where the plan-approving authority serves notice, a
copy of the notice shall also be sent to the issuer of the permit. The
notice shall specify the measures needed to comply with the plan and
shall specify
the time within which such measures shall be completed. Upon failure
to comply within the time specified, the permit may be revoked and the
permittee or person responsible for carrying out the plan shall be
deemed to be in violation of this article and shall be subject to the
penalties provided by § 10.1-569.
B.
Notwithstanding the above provisions of this section the following may
be applied:
1.
Where a county, city, or town administers the local control program
and the permit-issuing authority and the plan-approving authority are
not within the same local government department, the locality may
designate one department to inspect, monitor, report and ensure
compliance. In the event a district has been designated as the
plan-approving authority for all or some of the conservation plans,
the enforcement of the program shall be with the local government
department; however, the district may inspect, monitor and make
reports for the local government department.
2.
Where a district adopts the local control program and permit-issuing
authorities have been established by a locality, the district by joint
resolution with the appropriate locality may exercise the
responsibilities of the permit-issuing authorities with respect to
monitoring, reports, inspections and enforcement.
3.
Where a permit-issuing authority has been established, and such
authority is not vested in an employee or officer of local government
but in the commissioner of revenue or some other person, the locality
shall exercise the responsibilities of the permit-issuing authority
with respect to monitoring, reports, inspections and enforcement
unless such responsibilities are transferred as provided for in this
section.
C.
Upon receipt of a sworn complaint of a violation of this section, §
10.1-563 or § 10.1-564 from the representative of the program
authority or the Board responsible for ensuring program compliance,
the chief administrative officer, or his designee, of the program
authority or the Board may, in conjunction with or subsequent to a
notice to comply as specified in subsection A above, issue an order
requiring that all or part of the land-disturbing activities permitted
on the site be stopped until the specified corrective measures have
been taken or, if land-disturbing activities have commenced without an
approved plan as provided in § 10.1-563, requiring that all of the
land-disturbing activities be stopped until an approved plan or any
required permits are obtained. Where the alleged noncompliance is
causing or is in imminent danger of causing harmful erosion of lands
or sediment deposition in waters within the watersheds of the
Commonwealth, or where the land-disturbing activities have commenced
without an approved plan or any required permits, such an order may be
issued whether or not the alleged violator has been issued a notice to
comply as specified in subsection A above. Otherwise, such an order
may be issued only after the alleged violator has failed to comply
with a notice to comply. The order shall be served in the same manner
as a notice to comply, and shall remain in effect for seven days from
the date of service pending application by the enforcing authority or
alleged violator for appropriate relief to the circuit court of the
jurisdiction wherein the violation was alleged to have occurred. If
the alleged violator has not obtained an approved plan or any required
permits within seven days from the date of service of the order, the
chief administrative officer or his designee may issue an order to the
owner requiring that all construction and other work on the site,
other than corrective measures, be stopped until an approved plan and
any required permits have been obtained. Such an order shall be served
upon the owner by registered or certified mail to the address
specified in the permit application or the land records of the
locality in which the site is located. The owner may appeal the
issuance of an order to the circuit court of the jurisdiction wherein
the violation was alleged to have occurred. Any person violating or
failing, neglecting or refusing to obey an order issued by the chief
administrative officer or his designee may be compelled in a
proceeding instituted in the circuit court of the jurisdiction wherein
the violation was alleged to have occurred to obey same and to comply
therewith by injunction, mandamus or other appropriate remedy. Upon
completion and approval of corrective action or obtaining an approved
plan or any required permits, the order shall immediately
be lifted. Nothing in this section shall prevent the chief
administrative officer or his designee from taking any other action
specified in § 10.1-569.
(1973,
c. 486, § 21-89.8; 1986, c. 328; 1988, cc. 694, 891; 1992, c. 298;
1993, c. 925; 2001, c. 490.)
§
10.1-567. Cooperation with federal and state agencies.
The
districts and localities operating their own programs, and the Board
are authorized to cooperate and enter into agreements with any federal
or state agency in connection with plans for erosion and sediment
control with respect to land-disturbing activities.
(1973,
c. 486, § 21-89.9; 1988, c. 891.)
§
10.1-568. Appeals.
A.
Final decisions of counties, cities or towns under this article shall
be subject to review by the court of record of the county or city,
provided that an appeal is filed within thirty days from the date of
any written decision adversely affecting the rights, duties or
privileges of the person engaging in or proposing to engage in
land-disturbing activities.
B.
Final decisions of the districts shall be subject to an administrative
review by the Board, provided that an appeal is filed within thirty
days from the date of the written decision.
C.
Final decisions of the Board either upon its own action or upon the
review of the action of a district shall be subject to judicial review
in accordance with the provisions of the Administrative Process Act (§
2.2-4000 et seq.).
(1973,
c. 486, § 21-89.10; 1986, c. 615; 1988, c. 891.)
§
10.1-569. Penalties, injunctions and other legal actions.
A.
Violators of §§ 10.1-563, 10.1-564 or § 10.1-566 shall be guilty of
a Class 1 misdemeanor.
B.
If a locality has adopted an ordinance establishing a uniform schedule
of civil penalties as permitted by subsection J of § 10.1-562, any
person who violates any regulation or order of the Board, any
condition of a permit, any provision of its program, or any provision
of this article shall, upon a finding of an appropriate general
district court, be assessed a civil penalty in accordance with the
schedule. The erosion and sediment control administrator, his deputy
or a certified inspector for the locality wherein the land lies may
issue a summons for collection of the civil penalty and the action may
be prosecuted by the locality wherein the land lies. In any trial for
a scheduled violation, it shall be the burden of the locality to show
the liability of the violator by a preponderance of the evidence. An
admission or finding of liability shall not be a criminal conviction
for any purpose. Any civil penalties assessed by a court shall be paid
into the treasury of the locality wherein the land lies, except that
where the violator is the locality itself, or its agent, the court
shall direct the penalty to be paid into the state treasury.
C.
The appropriate permit-issuing authority, the program authority, the
Board, or the owner of property which has sustained damage or which is
in imminent danger of being damaged, may apply to the circuit court in
any jurisdiction wherein the land lies to enjoin a violation or a
threatened violation under §§ 10.1-563, 10.1-564 or § 10.1-566
without the necessity of showing that an adequate remedy at law does
not exist; however, an owner of property shall not apply for
injunctive relief unless (i) he has notified in writing the person who
has violated the local program, and the program authority, that a
violation of the local program has caused, or creates a probability of
causing, damage to his property, and (ii) neither the person who has
violated the local program nor the program authority has taken
corrective action within fifteen days to eliminate the conditions
which have caused, or create the probability of causing, damage to his
property.
D.
In addition to any criminal or civil penalties provided under this
chapter, any person who violates any provision of this chapter may be
liable to the program authority, or the Board, as appropriate, in a
civil action for damages.
E.
Without limiting the remedies which may be obtained in this section,
any person violating or failing, neglecting or refusing to obey any
injunction, mandamus or other remedy obtained pursuant to this section
shall be subject, in the discretion of the court, to a civil penalty
not to exceed $2,000 for each violation. A civil action for such
violation or failure may be brought by the locality wherein the land
lies. Any civil penalties assessed by a court shall be paid into the
treasury of the locality wherein the land lies, except that where the
violator is the locality itself, or its agent, the court shall direct
the penalty to be paid into the state treasury.
F.
With the consent of any person who has violated or failed, neglected
or refused to obey any regulation or order of the Board, or any
condition of a permit or any provision of this article, the Board, the
Director, or plan-approving or permit-issuing authority may provide,
in an order issued by the Board or plan-approving or permit-issuing
authority against such person, for the payment of civil charges for
violations in specific sums, not to exceed the limit specified in
subsection E of this section. Such civil charges shall be instead of
any appropriate civil penalty which could be imposed under subsection
B or E.
G.
Upon request of a program authority, or the permit-issuing authority,
the attorney for the Commonwealth shall take legal action to enforce
the provisions of this article. Upon request of the Board, the
Attorney General shall take appropriate legal action on behalf of the
Board to enforce the provisions of this article.
H.
Compliance with the provisions of this article shall be prima facie
evidence in any legal or equitable proceeding for damages caused by
erosion or sedimentation that all requirements of law have been met
and the complaining party must show negligence in order to recover any
damages.
(1973,
c. 486, § 21-89.11; 1988, cc. 694, 891; 1992, c. 298; 1993, c. 925;
1995, c. 832; 1996, c. 518.)
§
10.1-569.1. Stop work orders by Board; civil penalties.
A.
An aggrieved owner of property sustaining pecuniary damage resulting
from a violation of an approved plan or required permit, or from the
conduct of land-disturbing activities commenced without an approved
plan or required permit, may give written notice of the alleged
violation to the program authority and to the Director.
B.
Upon receipt of the notice from the aggrieved owner and notification
to the program authority, the Director shall conduct an investigation
of the aggrieved owner's complaint.
C.
If the program authority has not responded to the alleged violation in
a manner which causes the violation to cease and abates the damage to
the aggrieved owner's property within thirty days following receipt of
the notice from the aggrieved owner, the aggrieved owner may request
that the Director require the violator to stop the violation and abate
the damage to his property.
D.
If (i) the Director's investigation of the complaint indicates that
the program authority has not responded to the alleged violation as
required by the local program, (ii) the program authority has not
responded to the alleged violation within thirty days from the date of
the notice given pursuant to subsection A of this section, and (iii)
the Director is requested by the aggrieved owner to require the
violator to cease the violation, then the Director shall give written
notice to the program authority that the Director will request the
Board to issue an order pursuant to subsection E of this section.
E.
If the program authority has not instituted action to stop the
violation and abate the damage to the aggrieved owner's property
within ten days following receipt of the notice from the Director, the
Board is authorized to issue an order requiring the owner, permittee,
person responsible for carrying out an approved
plan, or person conducting the land-disturbing activities without an
approved plan or required permit to cease all land-disturbing
activities until the violation of the plan or permit has ceased, or an
approved plan and required permits are obtained, as appropriate, and
specified corrective measures have been completed.
F.
Such orders are to be issued only after a hearing with reasonable
notice to the affected person of the time, place and purpose thereof,
and they shall become effective upon service on the person by
certified mail, return receipt requested, sent to his address
specified in the land records of the locality, or by personal delivery
by an agent of the Director. However, if the Board finds that any such
violation is grossly affecting or presents an imminent and substantial
danger of causing harmful erosion of lands or sediment deposition in
waters within the watersheds of the Commonwealth, it may issue,
without advance notice or hearing, an emergency order directing such
person to cease all land-disturbing activities on the site immediately
and shall provide an opportunity for a hearing, after reasonable
notice as to the time and place thereof, to such person, to affirm,
modify, amend or cancel such emergency order.
G.
If a person who has been issued an order or emergency order is not
complying with the terms thereof, the Board may institute a proceeding
in the appropriate circuit court for an injunction, mandamus, or other
appropriate remedy compelling the person to comply with such order.
H.
Any person violating or failing, neglecting or refusing to obey any
injunction, mandamus or other remedy obtained pursuant to subsection G
of this section shall be subject, in the discretion of the court, to a
civil penalty not to exceed $2,000 for each violation. Any civil
penalties assessed by a court shall be paid into the state treasury.
(1993,
c. 925.)
§
10.1-570. Authorization for more stringent regulations.
A
district or locality is authorized to adopt more stringent soil
erosion and sediment control regulations than those necessary to
ensure compliance with the Board's regulations. However, this section
shall not be construed to authorize any district or locality to impose
any more stringent regulations for plan approval or permit issuance
than those specified in §§ 10.1-563 and 10.1-565.
(1973,
c. 486, § 21-89.12; 1988, c. 891.)
§
10.1-571. No limitation on authority of Water Control Board or
Department of Mines, Minerals and Energy.
The
provisions of this article shall not limit the powers or duties
presently exercised by the State Water Control Board under Chapter 3.1
(§ 62.1-44.2 et seq.) of Title 62.1, or the powers or duties of the
Department of Mines, Minerals and Energy as they relate to strip mine
reclamation under Chapters 16 (§ 45.1-180 et seq.), 17 (§ 45.1-198
et seq.) and 19 (§ 45.1-226 et seq.) of Title 45.1 or oil or gas
exploration under the Virginia Oil and Gas Act (§ 45.1-361.1 et
seq.).
(1973,
c. 486, § 21-89.13; 1988, c. 891; 1996, c. 688.)
§
10.1-572. Duty of Department to complete Virginia portion of National
Cooperative Soil Survey.
In
addition to other duties the Department shall be responsible for
accelerating the Virginia portion of the National Cooperative Soil
Survey and for coordinating efforts to complete the inventory of
Virginia's soil resources by 2006, contingent upon the availability of
federal and state mapping resources.
(1972,
c. 557, § 21-5.2; 1984, c. 177; 1988, c. 891; 1994, c. 465; 1999, c.
155.)
§
10.1-573. Immunity from prosecution for trespass.
No criminal action for trespass shall lie
against the Board, any agent or employee of the Department, or any
agent or employee of the United States Department of Agriculture or
Virginia Polytechnic Institute and State University, because of the
mere entry upon the lands of any person for the purpose of performing
duties in conjunction with the conduct and completion of the Virginia
portion of the National Cooperative Soil Survey, provided that the
agent or employee made a reasonable effort to obtain the consent of
the owner of the land prior to his entry.
(1975,
c. 485, § 21-5.3; 1988, c. 891.)
§
10.1-614. Establishment within soil and water conservation district
authorized.
Whenever
it is found that soil and water conservation or water management
within a soil and water conservation district or districts will be
promoted by the construction of improvements to check erosion, provide
drainage, collect sediment or stabilize the runoff of surface water, a
small watershed improvement district may be established within such
soil and water conservation district or districts in accordance with
the provisions of this article.
(1956,
c. 668, § 21-112.1; 1964, c. 512; 1973, c. 35; 1977, c. 40; 1988, c.
891.)
§
10.1-615. Petition for establishment; what to set forth.
A.
Any twenty-five owners of land lying within the limits of a proposed
watershed improvement district, or a majority of such owners if there
are fewer than fifty, may file a petition with the directors of the
soil and water conservation district or districts in which the
proposed watershed improvement district is situated asking that a
watershed improvement district be organized to function in the
territory described in the petition. The petition shall set forth:
1.
The proposed name of the watershed improvement district;
2.
That there is need, in the interest of the public health, safety, and
welfare, for a watershed improvement district to function in the
territory described in the petition;
3.
A description of the territory proposed to be organized as a watershed
improvement district, which description shall be deemed sufficient if
generally accurate;
4.
That the territory described in the petition is contiguous and is the
same watershed, or is two or more contiguous watersheds;
5.
A request that the territory described in the petition be organized as
a watershed improvement district;
6.
The method for financing the proposed district, whether by means of a
tax on all real estate in the proposed district or a service charge on
the increase in the fair market value of all real estate in the
proposed district caused by the district's project.
B.
Land lying within the limits of one watershed improvement district
shall not be included in another watershed improvement district.
(1956,
c. 668, § 21-112.2; 1964, c. 512; 1970, c. 480; 1977, c. 40; 1981, c.
156; 1988, c. 891.)
§
10.1-616. Notice and hearing on petition; determination of need for
district and defining boundaries.
Within
thirty days after a petition has been filed with the directors of the
soil and water conservation district or districts, they shall cause
due notice to be given of a hearing upon the practicability and
feasibility of creating the proposed watershed improvement district.
All owners of land within the proposed watershed improvement district
and all other interested parties shall have the right to attend such a
hearing and to be heard. If the directors determine from the hearing
that there is need, in the interest of the public health, safety, and
welfare, for the organization of the proposed watershed improvement
district, they shall record their determination and define the
boundaries of the watershed improvement
district. The provisions of Article 2 (§ 10.1-502 et seq.) of Chapter
5 of this title shall apply, mutatis mutandis, to such proceedings.
(1956,
c. 668, § 21-112.3; 1964, c. 512; 1970, c. 480; 1988, c. 891.)
§
10.1-617. Determination of whether operation of proposed district is
feasible; referendum.
If
the district directors determine that a need for the proposed
watershed improvement district exists and after they define the
boundaries of the proposed district, they shall consider the
administrative feasibility of operating the proposed watershed
improvement district. To assist the district directors in determining
such question, a referendum shall be held upon the proposition of the
creation of the proposed watershed improvement district. Due notice of
the referendum shall be given by the district directors. All owners of
land lying within the boundaries of the proposed watershed improvement
district shall be eligible to vote in the referendum. The district
directors may prescribe necessary regulations governing the conduct of
the hearing.
(1956,
c. 668, § 21-112.4; 1964, c. 512; 1970, c. 480; 1988, c. 891; 1995,
c. 654.)
§
10.1-618. Ballots used in such referendum.
The
question shall be submitted by ballots, which shall contain the
following question: "Shall a watershed improvement district be
created of the lands described below and lying in the county(ies) or
city(ies) of . . . ./t . . . . . . . . . . and . . . . . . . . ./t . .
. .?
_
Yes
_
No"
The
ballot shall set forth the boundaries of the proposed district
determined by the Board.
The
ballot shall also set forth the method or methods of real estate
assessment as determined by the district directors.
(1956,
c. 668, § 21-112.5; 1970, c. 480, § 21-112.4:1; 1977, c. 40; 1988,
c. 891.)
§
10.1-619. Consideration of results of referendum; two-thirds favorable
vote required.
The
results of the referendum shall be considered by the district
directors in determining whether the operation of the proposed
watershed improvement district is administratively practicable and
feasible. The district directors shall not be authorized to determine
that operation of the proposed watershed improvement district is
administratively practicable and feasible unless at least two-thirds
of the votes cast in the referendum, which two-thirds vote shall also
represent ownership of at least two-thirds of the land in the proposed
district, have been cast in favor of the creation of the watershed
improvement district.
(1956,
c. 668, § 21-112.5; 1970, c. 480; 1977, c. 40; 1988, c. 891.)
§
10.1-620. Declaration of organization of district; certification to
Board.
If
the district directors determine that operation of the proposed
watershed improvement district is administratively practicable and
feasible, they shall declare the watershed improvement district to be
organized and shall record the fact in their official minutes.
Following such entry in their official minutes, the district directors
shall certify the fact of the organization of the watershed
improvement district to the Virginia Soil and Water Conservation
Board, and shall furnish a copy of the certification to the clerk of
each county or city in which any portion of the watershed improvement
district is situated for recordation in the public land records of
each such county or city. The watershed improvement district shall
thereupon constitute a political subdivision of this Commonwealth.
(1956,
c. 668, § 21-112.6; 1964, c. 512; 1970, c. 480; 1988, c. 891.)
§
10.1-621. Establishment of watershed improvement district situated in
more than one soil and water conservation district.
If
a proposed watershed improvement district is situated in more than one
soil and water conservation district, copies of the petition shall be
presented to the directors of all the soil and water conservation
districts in which the proposed watershed improvement district is
situated, and the directors of all affected soil and water
conservation districts shall act jointly as a board of directors with
respect to all matters concerning the watershed improvement district,
including its organization. The watershed improvement district shall
be organized in the same manner and shall have the same powers and
duties as a watershed improvement district situated entirely in one
soil and water conservation district.
(1956,
c. 668, § 21-112.7; 1964, c. 512; 1970, c. 480; 1988, c. 891.)
§
10.1-622. Inclusion of additional territory.
Petitions
for including additional territory within an existing watershed
improvement district may be filed with directors of the soil and water
conservation district or districts in which the watershed improvement
district is situated, and in such cases the provisions hereof for
petitions to organize the watershed improvement district shall be
observed to the extent deemed practicable by the district directors.
In referenda upon petitions for such inclusion, all owners of land
situated in the proposed additional territory shall be eligible to
vote. No additional territory shall be included in an existing
watershed improvement district unless owners of land representing
two-thirds of the acreage proposed to be included vote in favor
thereof.
(1956,
c. 668, § 21-112.8; 1964, c. 512; 1970, c. 480; 1988, c. 891.)
§
10.1-623. Governing body of district; trustees.
The
directors of the soil and water conservation district or districts in
which the watershed improvement district is situated shall be the
governing body of the watershed improvement district. They may
appoint, in consultation with and subject to the approval of the
Virginia Soil and Water Conservation Board, three trustees who shall
be owners of land within the watershed improvement district. The
trustees shall exercise the administrative duties and powers delegated
to them by the directors of the soil and water conservation district
or districts. The trustees shall hold office at the will of the
directors of the soil and water conservation district or districts and
the Virginia Soil and Water Conservation Board. The trustees shall
designate a chairman and may change such designation. One of the
trustees may be selected as treasurer and shall be responsible for the
safekeeping of the funds of the watershed improvement district. When a
watershed improvement district lies in more than one soil and water
conservation district, the directors of all such districts shall act
jointly as the governing body of the watershed improvement district.
(1956,
c. 668, § 21-112.9; 1964, c. 512; 1970, c. 480; 1988, c. 891.)
§
10.1-624. Officers, agents and employees; surety bonds; annual audit.
The
trustees may, with the approval of the directors of the soil and water
conservation district or districts, employ such officers, agents, and
other employees as they require, and shall determine their
qualifications, duties and compensation. The district directors shall
provide for the execution of surety bonds for the treasurer and such
other trustees, officers, agents, and employees as shall be entrusted
with funds or property of the watershed improvement district, and
shall publish an annual audit of the accounts of receipts and
disbursements of the watershed improvement district.
(1956,
c. 668, § 21-112.10; 1964, c. 512; 1970, c. 480; 1988, c. 891.)
§
10.1-625. Status and general powers of district; power to levy tax or
service charge; approval of landowners required.
A
watershed improvement district shall have all of the powers of the
soil and water conservation district or districts in which the
watershed improvement district is situated, and in addition shall have
the authority to levy and collect a tax or service charge to be used
for the purposes for which the watershed improvement district was
created. No tax shall be levied nor service charge imposed under this
article unless two-thirds of the owners of land, which two-thirds
owners shall also represent ownership of at least two-thirds of the
land area in such district, voting in a referendum called and held in
the manner prescribed in this article, approve the levy of a tax to be
expended for the purposes of the watershed improvement district.
(1956,
c. 668, § 21-112.11; 1964, c. 512; 1981, c. 156; 1988, c. 891; 1995,
c. 654.)
§
10.1-626. Levy of tax or service charge; when district in two or more
counties or cities; landbooks certified to treasurers.
A.
On or before March 1 of each year, the trustees of the watershed
improvement district shall make an estimate of the amount of money
they deem necessary to be raised for the year in such district (i) for
operating expenses and interest payments and (ii) for amortization of
debt, and, after approval by the directors of the soil and water
conservation district or districts, and the Virginia Soil and Water
Conservation Board, shall establish the tax rate or service charge
rate necessary to raise such amount of money. The tax rate or service
charge rate to be applied against the amount determined under
subsection C or D of this section shall be determined before the date
fixed by law for the determination of the general levy by the
governing body of the counties or cities in which the district is
situated.
B.
The trustees of a watershed improvement district which imposes a tax
on real estate or a service charge based on the increase in the fair
market value of real estate caused by the district's project shall
make up a landbook of all properties subject to the watershed
improvement district tax or service charge on forms similar to those
used by the county or city affected.
A
separate landbook shall be made for each county or city if the
district is located in more than one county or city. The landbook or
landbooks of all properties subject to the district tax or the service
charge, along with the tax rate or service charge rate fixed by the
governing body of the district for that year, shall be certified to
the appropriate county or city treasurer or treasurers, and filed in
the clerk's office of such locality or localities, by the governing
body of the watershed improvement district on or before the day the
county or city landbook is required to be so certified. Such landbook
or landbooks shall be subject to the same retention requirements as
the county or city landbook.
C.
For tax purposes under this article, the assessed valuation of all
real estate located in a watershed improvement district shall be the
same fair market valuation that appears in the most recent landbook
for the county, city, or town wherein the subject property is located.
However, in a watershed improvement district which is located in two
or more counties or cities and in which there is a disparity of
assessed valuations between the counties or cities, the governing body
of the watershed improvement district may petition the judge or judges
of the circuit courts in which the district is located to appoint one
or more persons to assess all of the real estate in the district. The
compensation of such person or persons shall be prescribed by the
governing body of the district and paid out of the funds of the
district.
D.
In districts authorized to impose a service charge, the service charge
shall be based on the initial increase in fair market value resulting
from a project. In order to determine the initial increase in fair
market value, the trustees shall subtract the fair market value of
each parcel without the project, as shown in the landbook for the year
immediately preceding the year in which the project was begun from the
fair market
value of the parcel following completion of the project. The fair
market value of each parcel with the project shall be determined by
the district directors in a reasonable manner. The values so
determined shall be the values against which the service charge rate
is imposed so long as any bonds remain outstanding, and thereafter
unless a change is approved by the district directors. If an
additional improvement is made while any bonds are outstanding, the
district directors may cause a new increase in fair market values to
be computed to reflect such improvement. However, while any bonds are
outstanding, such newly computed values shall not be used unless the
total new increase in fair market values in the district is equal to
or greater than the previously determined increase in fair market
values. Within thirty days after determining the increase in fair
market value for all real estate in the watershed improvement district
resulting from the project, the trustees shall mail a notice of such
determination to the owner of record of each parcel in the district.
E.
The assessments and determinations of increase in fair market value
made under the provisions of this section may be used only for the
watershed improvement district tax or service charge and shall in no
way affect any county or city assessment or levies.
F.
Any person, firm, or corporation aggrieved by any determination of
increased value made under any provision of this article shall apply
in writing to the trustees of the watershed improvement district
within sixty days after the mailing of the notice required in
subsection D of this section. Such application shall specify the
increased value in the opinion of the applicant and the basis for such
opinion. The trustees shall rule on all such applications within 120
days after mailing the notice required in subsection D of this
section. If any applicant remains aggrieved by the determination of
increased value after such a ruling, he may apply to the circuit court
of the county or city wherein the land is situated for a correction of
such determination of increased value, within the time limits and
following the procedures set out in Article 5 (§ 58.1-3980 et seq.)
of Chapter 39 of Title 58.1.
G.
The provisions of this section shall not be used to change the method
of real estate assessment in any watershed improvement district
established prior to January 1, 1976.
(1981,
c. 156, § 21-112.12:1; 1988, c. 891.)
§
10.1-627. Collection of tax or service charge; proceeds kept in
special account; expenditures from such account.
The
special tax or service charge levied shall be collected at the same
time and in the same manner as county or city taxes with the proceeds
therefrom to be kept in a separate account by the county or city
treasurer identified by the official name of the watershed improvement
district. Expenditures from such account may be made with the approval
of the directors of the soil and water conservation district or
districts on requisition from the chairman and the treasurer of the
board of trustees of the watershed improvement district.
(1956,
c. 668, § 21-112.13; 1964, c. 512; 1970, c. 480; 1981, c. 156; 1988,
c. 891.)
§
10.1-628. Fiscal powers of governing body; may poll landowners on
question of incurring indebtedness or issuing bonds.
The
governing body of any watershed improvement district shall have power,
subject to the conditions and limitations of this article, to incur
indebtedness, borrow funds, and issue bonds of such watershed
improvement district. The circuit court of the county or city in which
any portion of the watershed improvement district is located, upon the
petition of a majority of the members of the governing body of the
watershed improvement district, shall order a referendum at any time
not less than thirty days from the date of such order, which shall be
designated therein, to determine whether the governing body shall
incur indebtedness
or issue bonds for one or more of the purposes for which the watershed
improvement district was created.
The
referendum shall be conducted in the manner prescribed by this article
for the conduct of other referendums in the watershed improvement
districts.
(1956,
c. 668, §§ 21-112.14, 21-112.15; 1964, c. 512; 1988, c. 891; 1995,
c. 654.)
§
10.1-629. Order authorizing governing body to incur indebtedness or
issue bonds.
If
the owners of at least two-thirds of the land area in the district
vote in the election, and if at least two-thirds of the voters in the
election vote in favor of incurring the indebtedness or issuing bonds,
the circuit court or courts shall enter an order authorizing the
governing body of the watershed improvement district to incur
indebtedness or issue bonds for one or more of the purposes for which
the district was created.
(1956,
c. 668, § 21-112.16; 1988, c. 891.)
§
10.1-630. Type of indebtedness incurred or bonds issued.
The
type of indebtedness incurred or bonds issued shall be that adopted by
the governing body of the watershed improvement district and approved
by the Virginia Soil and Water Conservation Board.
(1956,
c. 668, § 21-112.17; 1964, c. 512; 1988, c. 891; 1996, cc. 105, 819.)
§
10.1-631. Annual tax for payment of interest or to amortize
indebtedness or bonds.
The
governing body of the watershed improvement district shall, if
necessary to pay the interest on the indebtedness or bonds or to
amortize such indebtedness or bonds, levy an annual tax or service
charge in the manner prescribed by § 10.1-626 on all the real estate
in the watershed improvement district subject to local taxation, to
satisfy such obligations. This tax, irrespective of any approvals
required pursuant to § 10.1-614, shall be sufficient to pay interest
and to amortize such indebtedness or bonds at the times required.
(1956,
c. 668, § 21-112.18; 1973, c. 35; 1981, c. 156; 1988, c. 891; 1996,
cc. 105, 819.)
§
10.1-632. Powers granted additional to powers of soil and water
conservation district; soil and water conservation district to
continue to exercise its powers.
The
powers herein granted to watershed improvement districts shall be
additional to the powers of the soil and water conservation district
or districts in which the watershed improvement district is situated;
and the soil and water conservation district or districts shall be
authorized, notwithstanding the creation of the watershed improvement
district, to continue to exercise their powers within the watershed
improvement district.
(1956,
c. 668, § 21-112.19; 1964, c. 512; 1988, c. 891.)
§
10.1-633. Power to incur debts and accept gifts, etc.; watershed
improvement district to have same powers as soil and water
conservation district.
A
watershed improvement district shall have power, as set forth in this
article, to incur debts and repay them over the period of time and at
the rate or rates of interest, not exceeding eight percent, that the
lender agrees to. Any watershed improvement district may accept,
receive and expend gifts, grants or loans from whatever source
received. In addition, they shall have the same powers, to the extent
necessary, within the watershed improvement district that the soil and
water conservation district or districts in which the same is located
exercise or may possess.
(1956,
c. 668, § 21-112.20; 1964, c. 512; 1977, c. 40; 1988, c. 891.)
§
10.1-634. Question to be submitted to qualified voters; approval
required.
In
connection with any referendum held pursuant to the provisions of this
article, the directors shall also provide for the submission of the
question involved to the qualified voters of the watershed improvement
district and any question required to be submitted to referendum
hereunder shall only be deemed to be approved, if approved both by
vote of the landowners of the district as here above required and by a
majority vote of the qualified voters of the district voting in such
referendum.
(1973,
c. 35, § 21-112.20:1; 1988, c. 891.)
§
10.1-634.1. Conduct of referenda.
A.
Except as provided in subsection B, the referenda authorized or
required by this article shall be conducted pursuant to regulations
prescribed by the Virginia Soil and Water Conservation Board and not
as provided for under § 24.2-684.
B.
Referenda authorized or required by this article prior to the
regulations referred to in subsection A becoming effective shall be
conducted by the district directors of the soil and water conservation
district in which the watershed improvement district is situated
pursuant to the provisions of this article as they were effective on
January 1, 1995, and Article 5 (§ 24.2-681 et seq.) of Chapter 6 of
Title 24.2. The costs of holding referenda under this subsection shall
be paid by the requesting landowners.
(1995,
c. 654; 1996, c. 983.)
§
10.1-635. Power of eminent domain.
In
addition to any other powers conferred on it by law, any watershed
improvement district organized under the provisions of this article
shall be authorized to acquire by eminent domain any lands, property
rights, franchises, rights-of-way, easements or other property deemed
necessary or convenient for the efficient operation of the district.
Such proceedings shall be in accordance with and subject to the
provisions of the laws of the Commonwealth applicable to the exercise
of the power of eminent domain in the name of a public service company
and subject to the provisions of Chapters 1.1 (§ 25-46.1 et seq.) and
5 (§ 25-232.01 et seq.) of Title 25.
(1958,
c. 411, § 21-112.21; 1988, c. 891.)
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