OCR 

PURPOSE: 

MEMORANDUM OF UNDERSTANDING 

BETWEEN THE VU{GINIA DEPARTMENTS OF 

FORESTRY AND 

CONSERVATION AND RECREATION 

December 30, 2009 

This memorandum is intended to establish agreed upon guidelines for cooperation between 

the VirginiaDepartments ofForest:ry (VDOF) and Conservation and Recreation (DCR)regardingtbe 

interaction between the VDOF non-regulatory program for the implementation of Forestry Best 

Management Practices (BMPs) and the provisions of the Chesapeake Bay Preservation Area 

Designation and Management ReguJations pertaining to silvicultural activities. 

The Chesapeake Bay Preservation Act ( § 10.1-2100 et seq. oft he Code ofVirginia), hereafter 

referred to as the CBPA or Act directs locaJ governments within Tidewater Virginia to implement 

land use restrictions affecting environmentaJJy sensitive corridors draining to the Chesapeake Bay. 

Section 9 VAC 10-20- L20 of the regulations adopted pursuant to the Act (the regulations) states that 

silvicultural activities are conditionally exempt from local CBPA ordinance requirements provided 

those operations are conducted using appropriate si l vicuJtural best management practices to protect 

water quality, consistent wilb laws and guidance issued and implemented by the VDOF. The 

regnlations further provide that VDOF will oversee and document installation of best management 

practices and will monitor in-stream impacts of forestry operations in Chesapeake Bay Preservation 

Areas. An emphasis and goaJ of the VDOF non-regulatory BMP program is to implement, utilizing 

silvicuJtural BMPs, water quality protection similar to that whicb would be achieved through 

implementation of the CBPA Resource Protection Area 1 00-:foot buffer requirements. 

RESPONSIBILITIES OF THE DCR: 

l. DCR will administer the Chesapeake Bay Preservation Act and its implementing regulations. 

2. DCR will provide the YDOF with a I ist of Tidewater Virginia locaJ governments subject to 

the Chesapeake Bay Preservation Act and those that have opted in to the Bay Act. DCR will 

also provide periodic updates of OCR's Local Bay Act Program Directory, listing contact 

persons for each locality. 

3. DCR will consult with the VDOF on the development, revision, issuance, and interpretation 

of sil viculturaJ guidance under the Act. 

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4. OCR will iniorm the VDOF of all relevant proposed additions. modifications. and/or 

deletions affecting U1e Bay Act and its attendant regulations. 

RESPONSffii LlTIES OF THE VDOF: 

1. The VDOF will conduct annual BMP audits on selected sites within locally designated 

Chesapeake Bay Preservation Areas. In addition. the VDOF will conduct harvest inspections 

on known sit vi cultural activities within designated Chesapeake Bay Preservation Areas to 

determine adherence to VDOF BMPs and impacts on water quality. 

2. Tbe VDOF will provide the DCR with a copy of its BMP audit report on an annual basis. 

3. When a silvicultural operation is inspected by the VDOF and H is determined that the 

streamside management zone (SMZ) has not been maiJltained as recommended in the VDOF 

Best Management Practices manual, the VOOF representative will notify the local 

goverrunent's Bay Act program contact person and the DCR's Director of the Division of 

Chesapeake Bay Local Assistance. 

4. For any silvicultural activity within locally designated Chesapeake Bay Preservation Areas 

where enforcement activities have occurred pursuant to the Silvicultural Water Quality Law 

( § I 0.1-1 181 , et seq., Code of Virginia) and a special order or emergency special order is 

issued, then the VDOF will notify the OCR's Director of the Division of Chesapeake Bay 

Local Assistance and the local government" s Bay Act program contact person byforwarding 

a copy of the special order or emergency special order to the above-named agencies or 

individuals immediately upon issuance of the order. A copy of all related correspondence 

concerning the special order or emergency special order, indicating compliance or further 

legal action. will be forwarded to the OCR and Jocal government staff persons to whom the 

original notifications were provided. 

JOINT AGREEMENT BETWEEN VDOF AND DCR: 

1. The VDOF and the DCR will each review and comment upon technical specifications, 

guidance handbooks and manuals of mutual interest to prevent conflicts in program 

objectives and requirements. 

2. The VDOF and the OCR wi ll each familiarize their respective staffs regarding similarities 

and differences ofVDOF and DCR Bay Act requirements so that accurate and consistent 

information is presented to the public. 

3. The VDOF and the DCR will coordinate their training efforts as appropriate. 

IT IS FURTHER MUTUALLY AGREED THAT: 

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l. The VDOF and the OCR will work closely together to improve the overall water quality of 

ihe Chesapeake Bay and other state waters. 

2. This Memorandum shall be effective when signed by both parties. 

3. The VDOF and the OCR will review this Memorandum on at least a biennial basis. It may 

be terminated or modified at any time by agreement of the parties, and may be te:nninated by 

either party alone by giving ninety (90) days notice in writing to tbe otl1er. 

t}Jl ~ Jz~ ~-~-----fbi; __ ).o/?J Carl E. Garrison, ill Date Dale 

State Forester 

Department ofF orestry Department of Conservation and Recreation 

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