Code of Virginia - Title 10.1 Conservation - 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" ...

10.1-501 Duty of the Attorney General
The Attorney General shall represent and provide consultation and legal advice in suits or actions under this chapter upon request of the district directors or ...

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 ...

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 ...

10.1-503 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 ...

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 ...

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 ...

10.1-506 Power to create new districts and to relocate or define district boundaries; composition of distric...
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 ...

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 ...

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, ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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. (Code ...

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 ...

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 ...

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 ...

10.1-529.1 Duties of district directors.
In addition to other duties and powers, district directors shall: 1. Identify soil and water issues and opportunities within the district or related to the ...

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 ...

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 ...

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 ...

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 ...

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 ...

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; ...

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 ...

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 ...

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. (Code 1950, § 21-53; ...

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 ...

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 ...

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, ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

10.1-547 Acquisition and administration of projects; acting as agent for United States, etc.; acceptance of ...
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, ...

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 ...

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. (Code 1950, § ...

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 ...

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 ...

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 ...

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 ...

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 ...

10.1-554 Hearings
The Board may conduct public meetings and public hearings upon the termination petition to assist it in the considerations thereof. (Code 1950, § 21-107; 1964, ...

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 ...

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 ...

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 ...

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. ...

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 ...

10.1-559.1 (Repealed effective October 1, 2008) 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, ...

10.1-559.2 (Repealed effective October 1, 2008) 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 ...

10.1-559.3 (Repealed effective October 1, 2008) Complaint; investigation; agricultural stewardship pla...
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 ...

10.1-559.4 (Repealed effective October 1, 2008) 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 ...

10.1-559.5 (Repealed effective October 1, 2008) 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 ...

10.1-559.6 (Repealed effective October 1, 2008) 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 ...

10.1-559.7 (Repealed effective October 1, 2008) 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 ...

10.1-559.8 (Repealed effective October 1, 2008) 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 ...

10.1-559.9 (Repealed effective October 1, 2008) 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 ...

10.1-559.10 (Repealed effective October 1, 2008) 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 ...

10.1-559.11 (Repealed effective October 1, 2008) 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 ...

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 that must be ...

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 ...

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 ...

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 ...

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 ...

10.1-565 Approved plan required for issuance of grading, building, or other permits; security for performanc...
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 ...

10.1-566 Monitoring, reports and inspections
A. The plan-approving authority or, if a permit is issued in connection with land-disturbing activities that involve the issuance of a grading, building, or other ...

10.1-566.1 Reporting.
Each locality's plan-approving authority shall report to the Department, in a method and on a time schedule established by the Department, a listing of each ...

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 ...

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 ...

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 ...

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 ...

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 ...

10.1-571 No limitation on authority of Water Control Board or Department of Mines, Minerals and Energ...
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 ...

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 ...

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 ...