Title 12 — Conservation
21 chapters · 371 sections in this title.
12 V.I.C. § 181 Declaration of policy
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Whereas the pollution of the waters of the United States Virgin Islands constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs beneficial uses of water, it is hereby declared to be the public policy …
12 V.I.C. § 182 Definitions
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(a) For the purposes of this chapter, and unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section:(a) “Pollution” means such contamination, or other alteration of the physical, chemical or biological properti…
12 V.I.C. § 183 Repealed. June 24, 1987, No. 5265, § 303(g), Sess. L. 1987, p. 42
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12 V.I.C. § 183 Statutes current through Act 9046 of the 2025 session of the 36th Legislature, including all code changes through October 25, 2025 Virgin Islands Code AnnotatedCopyright © 2026 All rights reserved.
12 V.I.C. § 184 Powers and duties
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(a) The Department shall have and may exercise the following powers and duties:(a) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated thereunder, and to perform any and all acts necessary to c…
12 V.I.C. § 185 Permit system
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(a) Except as provided in this chapter and any rules and regulations promulgated hereto, the discharge of any pollutant into the waters of the United States Virgin Islands or the causing of pollution of the waters of the Virgin Islands, by any person, shall be unlawful. (b) It sh…
12 V.I.C. § 186 Standards of water quality
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(a) In order to carry out the purposes of this chapter and the Federal Water Pollution Control Act, as amended, the Commissioner shall set standards of water quality to be applicable to the waters of the United States Virgin Islands or portions thereof. Such standards of quality …
12 V.I.C. § 187 Planning and zoning activities
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(a) The Commissioner, on request of the Virgin Islands Planning Board or on his initiative, shall gather and supply information concerning water pollution in the United States Virgin Islands which is relevant to planning and zoning activities affecting the United States Virgin Is…
12 V.I.C. § 188 Proceedings before Commissioner
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(a) (1) Whenever, on the basis of any information available to him, the Commissioner has reason to believe that a violation of any provision of this chapter or of any regulation or of any order of the Commissioner pursuant thereto, or any water quality standards, effluent limitat…
12 V.I.C. § 189 Monitoring, inspection and public access to information
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(a) Monitoring, recording and reporting. The Commissioner may by regulation, order, permit or otherwise, require the owner or operator of any source of a discharge of pollutants or of any source which is an industrial user or publicly owned treatment works to:(1) establish and ma…
12 V.I.C. § 190 Enforcement
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(a) Injunctive relief. The Commissioner, or any resident of the United States Virgin Islands, is authorized to commence a civil action or may intervene in a civil action for appropriate relief, including a permanent or temporary injunction, for any violation or threatened violati…
12 V.I.C. § 191 Review
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(a) An appeal may be taken from any final determination of the Commissioner by any person who is adversely affected thereby to the Superior Court of the Virgin Islands. Within 15 days after receipt of a copy of the order or other final determination, or after service of notice th…
12 V.I.C. § 192 Conflicting laws
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This chapter shall not be construed as repealing any laws of the United States Virgin Islands relating to the pollution of waters thereof, or any conservation laws, but shall be held and construed as auxiliary and supplementary thereto; provided, that to the extent that the same …
12 V.I.C. § 193 Existing rights and remedies preserved
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It is the purpose of this chapter to provide additional and cumulative remedies to prevent, abate and control the pollution of the waters of the United States Virgin Islands. Nothing herein contained shall be construed to abridge or alter rights of action or remedies in equity or…
12 V.I.C. § 194 Public notice
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(a) The Commissioner shall promulgate rules and regulations and perform all acts as may be required under territorial or federal law, rules and regulations to insure adequate public notice and public participation concerning permit applications and actions related thereto. (b) An…
12 V.I.C. § 195 Public hearings
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The Commissioner shall provide an opportunity for public hearing, with notice thereof, with respect to all permit applications in accordance with applicable provisions of territorial and federal law, rules and regulations. The Commissioner shall promulgate such rules and regulati…
12 V.I.C. § 196 Board membership
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Notwithstanding any contrary provision of United States Virgin Islands law, no board or body of the territory which approves permit applications or portions thereof shall include, as a member, any person who receives, or has during the previous two years received, a significant p…
12 V.I.C. § 197 Water quality planning
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The Commissioner is authorized to establish and conduct a continuing planning process consistent with the requirements of the Federal Water Pollution Control Act, as amended, including but not limited to the establishment and application of maximum daily loads of pollutants.
12 V.I.C. § 198 Authority to construct or operate a publicly owned treatment work
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(a) Every person authorized to construct and operate a publicly owned treatment work shall have the authority to take all action necessary for its efficient and adequate operation in accordance with the requirements and conditions of this chapter and the Federal Water Pollution C…
12 V.I.C. § 201 Declaration of policy
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Whereas the pollution of the atmosphere about the United States Virgin Islands constitutes a menace to public health and welfare, creates public nuisances, and is harmful to plant and animal life and to property, it is hereby declared to be the policy of the United States Virgin …
12 V.I.C. § 202 Definitions
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(a) For the purposes of this chapter, and unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section:(a) “Air contaminant or air pollutant” means any dust, fumes, gas, mist, smoke, vapor, odor, or particulate ma…
12 V.I.C. § 203 Creation and organization of Air Pollution Control Agency: Small Business Stationary Source and Technical Environmental Compliance Assistance Program
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(a) The Department of Conservation and Cultural Affairs is hereby declared the Air Pollution Control Agency of the United States Virgin Islands, and the sole state agency of this territory for the purpose of establishing and administering or supervising the administration of any …
12 V.I.C. § 204 Powers and duties
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(a) The Department shall have and may exercise the following powers and duties:(a) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated thereunder, and to perform any and all acts necessary to c…
12 V.I.C. § 205 Virgin Islands Air Protection Fund
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(a) The Virgin Islands Air Protection Fund is established to be used by the Department as a revolving fund for carrying out the purposes of this chapter pertaining to the Part 70 permit program. To this fund shall be credited all permit fees, penalties and other fees and charges …
12 V.I.C. § 206 Permits
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(a) The Commissioner may, by regulation, prohibit the construction, erection, installation, alteration or use of any machine, equipment, device or other article which he finds may cause or contribute to air pollution or is intended primarily to prevent or control the emission of …
12 V.I.C. § 207 Inspections, monitoring, and entry
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(a) For the purpose (i) of developing or assisting in the development of any implementation plan or any emission standard; (ii) of determining whether any person is in violation of any such standard or any requirement of such a plan; or (iii) carrying out any provision of this ch…
12 V.I.C. § 208 Emissions prohibited
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(a) The Commissioner shall establish by regulation the limitations of the levels, concentrations, or quantities of emissions of various air contaminants from any source necessary to protect the public health. Except as otherwise provided in or pursuant to this section, such level…
12 V.I.C. § 209 Enforcement
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(a) If upon inspection or investigation, the Commissioner or his authorized representative believes that a violation of any provision of this chapter or of any rule or regulation or of any order of the Commissioner pursuant thereto, or any emission standards, emission limitations…
12 V.I.C. § 210 Emergency procedure
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(a) Any other provisions of law to the contrary not withstanding, if the Commissioner finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the Commissioner, with the concurrence o…
12 V.I.C. § 211 Variance
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(a) The Commissioner may authorized a variance from otherwise applicable emission limitations, under conditions and in such manner as he considers necessary and desirable; provided, however that such variances are permitted under conditions and in a manner which is not less strin…
12 V.I.C. § 212 Hearings
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(a) No rule or regulation and no amendment or repeal thereof, or permit issuance, significant modification, reopening or renewal shall take effect without public comment and/or hearing on due notice as provided herein. (b) Nothing in this section shall be construed to require a h…
12 V.I.C. § 213 Records and reports
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(a) Every permittee shall establish and maintain such records, make such reports, and provide such information, as the Commissioner may reasonably require to enable him to determine whether such permittee has acted or is acting in compliance with this chapter and rules and regula…
12 V.I.C. § 214 Planning and zoning
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(a) The Commissioner, on request of any of the divisions of this Department or on his own initiative, shall gather and supply information concerning air pollution in the United States Virgin Islands which is relevant to planning and zoning activities affecting the United States V…
12 V.I.C. § 215 Penalties
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(a) Civil judicial penalties. The Commissioner shall, as appropriate, in the case of any person that is the owner or operator of a major emitting facility, or a major stationary source, and may, in the case of any other person, or any source of air pollution, commence a civil act…
12 V.I.C. § 216 Sampling and testing
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(a) The Commissioner is hereby authorized to conduct, or cause to be conducted, any tests of any new or existing process, fuel-burning, refuse-burning, or control equipment the operation of which he has reason to believe may result in emissions in excess of the limitations in thi…
12 V.I.C. § 217 Odor emission control
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(a) In addition to all other prohibitions contained in this chapter, it is hereby declared to be unlawful for any person, as defined in section 202 of this chapter, by himself, his agent or employee to cause, suffer or allow the emission of obnoxious, pungent, odorous or ill-smel…
12 V.I.C. § 218 Notification to EPA and neighboring states
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(a) The Department:(1) shall transmit to the U.S. Environmental Protection Agency a copy of each permit application, including any application for a permit modification or renewal, or such portion thereof, including any compliance plan, as the Administrator may require to carry o…
12 V.I.C. § 219 Existing rights and remedies
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(a) Nothing herein contained shall be construed to abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor shall any provision of this chapter, or any act done by virtue thereof, be construed as estopping the United…
12 V.I.C. § 220 Public notice
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The Commissioner shall promulgate rules and regulations and perform all acts as may be required under Territorial and Federal law, rules and regulations to insure adequate public notice and public participation concerning Part 70 permit applications and actions related thereto.
12 V.I.C. § 221 Registration
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Persons engaged in operations which the Commissioner finds may result in air pollution shall, if so required by regulation, register with the Department and file with the Department reports containing information as to location, size and height of pollutant outlet; rate, duration…
12 V.I.C. § 301 Purpose
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The purpose of this chapter is to preserve, manage and protect the fishery resources, to regulate fishing and to secure its increase and development in all marine, estuarine and freshwaters within the jurisdiction of the United States Virgin Islands.
12 V.I.C. § 302 Definitions
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(1) In this chapter, unless the context indicates otherwise, the following words, terms and phrases shall have the following meanings:(1) “Alien” means a person who is not a United States citizen by birth or naturalization.(2) “Angling” means fishing with hand line or rod with na…
12 V.I.C. § 303 Duties of the Commissioner
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(a) The Commissioner shall have the following powers and duties:(1) To preserve, manage and protect the fishery resources of the territory in the inland and jurisdictional coastal waters thereof.(2) To regulate the operations of all fishermen vessels of this territory engaged in …
12 V.I.C. § 304 Administration; rules and regulations
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(a) The Commissioner shall prescribe all rules and regulations necessary or desirable for carrying out the duties, obligations, powers and responsibilities conferred upon him under this chapter, which, after being approved in accordance with chapter 25 of Title 3 of the Code and …
12 V.I.C. § 305 Conservation officers; powers and authority
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(a) Conservation officers shall have the authority, without warrant, to board, inspect and search any boat, fishing appliance, storage or processing plant, fish house or any warehouse, building or vehicle engaged in transporting any fish or fishery product. Such authority to sear…
12 V.I.C. § 306 Duties of Attorney General
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If at any time any question of law or any litigation arises, and the Attorney General is otherwise occupied, and cannot give the time and attention necessary to such question of law or litigation as the occasion demands, the several Assistant Attorneys General shall attend to any…
12 V.I.C. § 307 Injunctions
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Courts of the territory shall have jurisdiction to enforce the fisheries of the territory by injunction.
12 V.I.C. § 308 Bond of employees
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The Commissioner may require, as he determines, that bond be given by any employee of the Department, payable to the Governor of the territory for the use and benefit of those whom it may concern, in such penal sums with good and sufficient surety or sureties approved by the Comm…
12 V.I.C. § 309 Ownership of navigable waters
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(a) Subject to the provisions of federal laws pertaining to the proprietary rights of the Government of the United States, all beds and bottoms of navigable rivers, streams, lagoons, lakes, sounds, inlets, bays, roadsteads, harbors, oceans, seas or other bodies of water within th…
12 V.I.C. § 310 Jurisdiction
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For the purpose of this chapter, the jurisdiction of the territory shall include all inland and estuarine waters and shall extend to either 3 miles from the shorelines of the territory or to any international boundary located within such 3 mile limit, whichever distance is the sh…
12 V.I.C. § 311 Fishing
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No person may engage in fishing and no vessel or other fishing device may be used in fishing in the territory unless registered, certified or licensed in accordance with the provisions of this chapter.