MEMORANDUM OF AGREEMENT 

between 

THE DEPARTMENT OF FORESTRY 

and 

THE VIRGINIA MARINE RESOURCES COMMISSION 

The Department of Forestry (DOF) is the regulatory authority responsible for 

implementing and enfqrcing provisions of the laws governing silviculture activities 

affecting water quality (Title 1 0.1, Article 12, Sections 10.1-1181 .1 through 10.1-1181.7 

of the Code of Virginia) and regulations promulgated thereunder. These provisions 

provide for the protection of State waters from pollution by sediment deposition resulting 

from silvicultural activities. Furthermore, the DOF has regulatory authority for the Debris 

in Stream Law (Title 10 which makes it unlawful to throw or dispose of trash, debris, tree 

lops, logs or felled timber to create any obstruction lasting more than a week across any 

waterway). 

The Virginia Marine Resources Commission (VMRC) is the regulatory authority 

responsible for implementing and enforcing provisions of the laws governing the use of 

State-owned watercourses (Chapter 12 of Title 28.2, of the Code of Virginia, and the 

regulations promulgated thereunder). Permits are issued for appropriate uses of these 

submerged lands following a public interest review on all applications. 

·.· Over 2,000 forestry harvesting operations occur annually in Virginia. Stream 

crossings associated with forestry operations are common. 

In the interest of making effective use of the governmental resources of the 

Commonwealth, and to provide for coordination of their respective functions, the DOF 

and VMRC agree as follows: 

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1. For non-tidal drainage areas less than five (5) square miles or mean annual flows 

less than five (5) cubic feet per second (CFS) for which State ownership of the 

submerged lands is unlikely: 

a. The VMRC shall not seek to require permits for silviculture-related 

activities. 

b. The DOF shall oversee all silvicultural-related activities and, through its 

Forestry Best Management Practices Program and the authority provided 

under Section 10.1-1105 of the Code of Virginia, shall be responsible for 

the protection of water quality and the implementation of corrective 

measures for any silvicultural activity which adversely impacts State 

waters or State-owned submerged lands. 

2. For all other non-tidal waterways: 

a. As provided by law, the VMRC shall continue to issue permits for 

silviculture-related activities resulting in encroachments over State-owned 

submerged land. 

b. The DOF shall oversee all silvicultural-related activities and, through its 

Forestry Best Management Practices Program and the authority provided 

.. under Section 10.1-1105 of the Code of Virginia, shall assume primary 

responsibility for the protection of water quality and the implementation of 

corrective measures for any silvicultural activity which adversely impacts 

State waters or State-owned submerged lands. 

c. Notwithstanding, the above, as provided by law, VMRC may seek 

enforcement of permits, regardless of DOF activity. 

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3. For all tidal waterways: 

a. As provided by law, the VMRC shall continue to issue permits for 

silviculture-related activities and to seek enforcement of permits for 

encroachments over State-owned submerged lands. 

b. The OOF shall continue to oversee all silviculture-related activities and, 

through its Forestry Best Management Practices Program and the 

authority provided under Section 10.1-1105 of the Code of Virginia, shall 

concurrently and independently protect water quality and the 

implementation of corrective measures for any silvicultural activity which 

adversely impacts State waters or Sate-owned submerged lands. 

To ensure timely review of permit applications, the OOF will inform all timber 

harvesters when a VMRC permit is required and will inform the harvesters where an 

appropriate application can be acquired to satisfy the VMRC permit requirement. The 

VMRC will coordinate their review of such applications with OOF before permit 

issuance. 

This Agreement becomes effective upon the signing by both parties. This 

agreement may be canceled by either party upon the provision of 60 days written notice 

to the other party. 

STA~ Date: 

ARINE RESOURCES COMMISSION ~ 

Date: c - /(,L-o( 

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