Title 10.1, Conservation

Any person aggrieved by a final order or decision under this article shall be entitled to judicial review thereof in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). The commencement of a proceeding for judicial review under this section shall not, unless spec…

Any owner or operator violating or failing, neglecting or refusing to obey any special order issued by the State Forester may be compelled in a proceeding instituted in any appropriate circuit court by the State Forester to obey same and to comply therewith by injunction, mandamu…

A. There is hereby established a special, nonreverting fund in the state treasury to be known as the Virginia Forest Water Quality Fund, hereafter referred to as the Fund, to be used for education efforts, promoting the implementation of proper silvicultural activities, research,…

The provisions of this article shall not prohibit: 1. Any person from performing forestry functions and services so long as he does not represent himself to the public as a forester; 2. An employee or subordinate of a forester from performing forestry functions and services; or 3…

The Attorney General or any other person may apply to the circuit court in a jurisdiction where venue is proper for injunctive relief to restrain a person who has violated the provisions of this article.

The provisions of this article shall not apply to any person who supplies the Department of Forestry with information or documentation showing that such person was actively engaged in the practice of forestry for a continuous period of at least ten years prior to July 1, 2002. Th…

As used in this article, unless the context requires a different meaning: "Forester" means any person who is engaged in the science, profession and practice of forestry and who possesses the qualifications required by this article. "Forestry" means the science, art and practice o…

A. In order to use the title of forester in connection with any practice of forestry, the person shall (i) hold a baccalaureate or higher degree from a public or private institution of higher education, having completed a degree program that (a) is accredited by the Society of Am…

As used in this article, unless the context requires a different meaning: "Construction project" means any land-disturbing activity that involves construction of infrastructure, including interstate highways, pipelines, or energy generation and transmission facilities. "Forest mi…

The provisions of this article shall not apply to any forest mitigation required by law or to any mitigation agreements entered into before July 1, 2020.

A. The Secretary of Natural and Historic Resources, the Secretary of Agriculture and Forestry, or any agency within those secretariats, or the Virginia Outdoors Foundation may enter into an agreement with the owner or operator of construction projects to accomplish forest mitigat…

A. The Office of Working Lands Preservation is established in the Department of Forestry under the supervision of the State Forester. B. As used in this article, unless the context requires a different meaning: "Fund" means the Virginia Farmland and Forestland Preservation Fund. …

A. The Office shall have the following powers and duties: 1. To develop, in cooperation with the Department of Small Business and Supplier Diversity, the Virginia Farm Bureau Federation, the American Farmland Trust, the Virginia Land Conservation Foundation, the Virginia Outdoors…

The Virginia Farm Link Program is hereby established in the Office to assist retiring farmers and individuals seeking to become active farmers in the transition of farm businesses and properties from retiring farmers to active farmers. Such assistance shall include (i) assistance…

The State Forester shall submit a written report on the operation of the Office by December 1 of each year to the Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources. The prov…

In preparing its report on each major state project, as required in Article 2 (§ 10.1-1188 et seq.) of Chapter 11.1, each state agency shall demonstrate that it has considered the impact that project would have on the availability of working farm and forest lands as required in §…

A. In preparing environmental impact reports in accordance with § 10.1-1119.6, state agencies shall consider the impact of the major state project on all farm and forest lands that: 1. Have soil classified as capability class I, II, III, or IV; 2. Have an exceptional combination …

As used in this article unless the context requires a different meaning: "Certified prescribed burn manager" means any person who has successfully completed a certification process established by the State Forester under § 10.1-1150.2. "Prescribed burning" means the controlled ap…

The State Forester shall develop and administer a certification process and training course for any individual who desires to become a certified prescribed burn manager. The training program shall include the following subjects: the legal aspects of prescribed burning, fire behav…

To be certified as a prescribed burn manager, a person shall: 1. Successfully complete all components of the prescribed burn course developed by the State Forester and pass the examination developed for the course; 2. Successfully complete a training course comparable to that dev…

Prescribed burning shall be performed in the following manner: 1. A prescription for the prescribed burn shall be prepared by a certified prescribed burn manager prior to the burn. The prescription shall include: (i) the landowner's name, address, and telephone number, and the te…

A. Any prescribed burning conducted in compliance with the requirements of this article, state air pollution control laws, and any rules adopted by the Virginia Department of Forestry shall be in the public interest and shall not constitute a nuisance. B. Any landowner or his age…

If the actions of any certified prescribed burn manager or the prescriptions prepared by him violate any provision of this article, state air pollution control laws, or Virginia Department of Forestry rules or threaten public health and safety, his certification may be revoked by…

As used in this chapter, unless the context requires a different meaning: "Advisory Board" means the State Advisory Board on Air Pollution. "Air pollution" means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human hea…

Whenever in this chapter the Board, the Department, or the Director is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board, the Depa…

The State Air Pollution Control Board shall be composed of seven members appointed by the Governor for four-year terms. Vacancies other than by expiration of term shall be filled by the Governor by appointment for the unexpired term.

The members of the Board shall be citizens of the Commonwealth and shall be selected from the Commonwealth at large on the basis of merit without regard to political affiliation. Members shall, by their education, training, or experience, be knowledgeable of air quality control a…

The Board shall elect its own chairman. The Governor shall appoint an Executive Director who shall serve as executive officer of the Board, but shall not serve as a member thereof. The Board may call upon any state department or agency for technical assistance. All departments an…

The Board shall meet at least four times a year. Special meetings may be held at any time or place to be determined by the Board upon the call of the chairman or upon written request of any two members. All members shall be notified of the time and place of any meeting at least f…

The Board shall keep a complete and accurate record of the proceedings at all its meetings, a copy of which shall be kept on file in the office of the Director and available for public inspection.

The Department shall make, or cause to be made, such investigations and inspections and do such other things as are reasonably necessary to carry out the provisions of this chapter, within the limits of the appropriations, study grants, funds, or personnel which are available for…

A. The Board shall have the power to control and regulate its internal affairs. The Department shall have the power to initiate and supervise research programs to determine the causes, effects, and hazards of air pollution; initiate and supervise statewide programs of air polluti…

A. The Board, before promulgating a regulation under consideration, or the Department, before granting a variance to an existing regulation, or issuing a permit for the construction of a new major source or for a major modification to an existing source, if it is found that there…

A. As used in this section: "Emergency generation source" means a stationary internal combustion engine that operates according to the procedures in the ISO's emergency operations manual during an ISO-declared emergency. "ISO-declared emergency" means a condition that exists when…

A. As used in this section: "Outer Continental Shelf" has the meaning provided by § 2 of the federal Outer Continental Shelf Lands Act (43 U.S.C. § 1331). "Outer Continental Shelf sources" has the same meaning ascribed thereto in § 328(a)(4)(C) of the Clean Air Act (42 U.S.C. § 7…

A. The Department shall conduct a comprehensive statewide baseline and projection inventory of all greenhouse gas (GHG) emissions and shall update such inventory every four years. The Board may adopt regulations necessary to collect from all source sectors data needed by the Depa…

A. As used in this section: "LEV" means low-emission vehicle. "ZEV" means zero-emission vehicle. B. The Board may adopt by regulation and enforce any model year standards relating to the control of emissions from new motor vehicles or new motor vehicle engines, including LEV and …

A. The Department of Air Pollution Control is continued as an agency within the Secretariat of Natural and Historic Resources. The Department shall be headed by a Director appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the …

A. The Executive Director, under the direction and control of the Governor, shall exercise such powers and perform such duties as are conferred or imposed upon him by the law and shall perform such other duties required of him by the Governor and the Board. B. The Executive Direc…

A. The Executive Director or his duly authorized representative shall have the authority to: 1. Supervise, administer, and enforce the provisions of this chapter and regulations and orders of the Board as are conferred upon him by the Board; 2. Investigate any violations of this …

A. The Board, after having studied air pollution in the various areas of the Commonwealth, its causes, prevention, control and abatement, shall have the power to promulgate regulations, including emergency regulations, abating, controlling and prohibiting air pollution throughout…

A. For the purposes of this section, a "qualified fumigation facility" means a facility that: 1. Conducts commodity fumigation using any chemical regulated under Section 112(b) of the federal Clean Air Act of foods, products, components, livestock or materials including fumigatio…

A. As used in this section: "Biomass" means organic material that is available on a renewable or recurring basis, including: 1. Forest-related materials, including mill residues, logging residues, forest thinnings, slash, brush, low-commercial value materials or undesirable speci…

A. The Department shall have the power to issue special orders to: (i) owners who are permitting or causing air pollution as defined by § 10.1-1300, to cease and desist from such pollution; (ii) owners who have failed to construct facilities in accordance with or have failed to c…

The Department is authorized to issue special orders in compliance with the Administrative Process Act (§ 2.2-4000 et seq.) requiring that an owner file with the Department a plan to abate, control, prevent, remove, or contain any substantial and imminent threat to public health …

Any decision by the Department rendered pursuant to hearings under § 10.1-1309 shall be reduced to writing and shall contain the explicit findings of fact and conclusions of law upon which the Department's decision is based. Certified copies of the written decision shall be deliv…