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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 organize | 
