dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-500. The great seal.
The great seal of the Commonwealth shall consist of two metallic discs, two and one-fourth inches in diameter, with an ornamental border one fourth of an inch wide, with such words and figures engraved as follows: On the obverse, Virtus, the genius of the Commonwealth, dressed as an Amazon, resting on a spear in her right hand, point downward, touching the earth; and holding in her left hand, a sheathed sword, or parazonium, pointing upward; her head erect and face upturned; her left foot on the form of Tyranny represented by the prostrate body of a man, with his head to her left, his fallen crown nearby, a broken chain in his left hand, and a scourge in his right. Above the group and within the border conforming therewith, shall be the word "Virginia," and, in the space below, on a curved line, shall be the motto, "Sic Semper Tyrannis." On the reverse, shall be placed a group consisting of Libertas, holding a wand and pileus in her right hand; on her right, Aeternitas, with a globe and phoenix in her right hand; on the left of Libertas, Ceres, with a cornucopia in her left hand, and an ear of wheat in her right; over this device, in a curved line, the word "Perseverando."

Code 1950, § 7-26; 1966, c. 102, § 7.1-26; 2005, c. 839.

Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-501. The lesser seal.
The lesser seal of the Commonwealth shall be one and nine sixteenths inches in diameter, and be engraved with the device and inscriptions contained in the obverse of the great seal.

Code 1950, § 7-27; 1966, c. 102, § 7.1-27; 2005, c. 839.

Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-502. Custody; impressions displayed in The Library of Virginia.
The seals of the Commonwealth described in §§ 1-500 and 1-501 shall be kept by the Secretary of the Commonwealth and used as provided by law, and at least three clear impressions of the seals shall be kept and displayed by the Librarian of Virginia in some suitable place in The Library of Virginia, for public inspection.

Code 1950, § 7-28; 1966, c. 102, § 7.1-28; 1994, c. 64; 1998, c. 427; 2005, c. 839.

Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-503. Uses and tax on great seal.
The great seal shall be affixed to documents, signed by the Governor, which are to be used before tribunals, or for purposes outside of the jurisdiction of the Commonwealth; and in every such case, except where the Commonwealth is a party concerned in the use to be made of the document, the tax imposed by § 58.1-1725 on the seal of the Commonwealth shall be collected and accounted for by the Secretary of the Commonwealth.

Code 1950, § 7-30; 1966, c. 102, § 7.1-30; 2005, c. 839.
Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-504. Uses and tax on lesser seal.
The lesser seal shall be affixed to all grants for lands and writs of election issued by the Governor; to all letters of pardon and reprieve; to all commissions, civil and military, signed by the Governor, and to all other papers, requiring a seal, authorized to be issued by the Governor for the purpose of carrying the laws into effect within the Commonwealth; and also, when deemed necessary by the Secretary of the Commonwealth, may be used by him as an authentication of his official signature. No tax shall be imposed on the use of such lesser seal, except upon commissions appointing notaries, and commissioners in other states for taking acknowledgments, and upon certificates of the Secretary of the Commonwealth, when, at the request of the parties desiring such certificates, the seal is attached. In all such cases the tax shall be the same as upon the great seal, and shall be collected and accounted for in the same manner.

Code 1950, § 7-31; 1966, c. 102, § 7.1-31; 2005, c. 839.

Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-505. Seals deemed property of Commonwealth; unauthorized use; penalty.
The seals of the Commonwealth shall be deemed the property of the Commonwealth; and no persons shall exhibit, display, or in any manner utilize the seals or any facsimile or representation of the seals of the Commonwealth for nongovernmental purposes unless such use is specifically authorized by law.

Except for the authorized commercial use of the seal as provided in § 2.2-122, any person violating the provisions of this section shall be punished by a fine of not more than $100, or by imprisonment for not more than 30 days or both.

1966, c. 102, § 7.1-31.1; 1995, c. 295; 2005, c. 839.

Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-506. Flag of the Commonwealth.
The flag of the Commonwealth shall be a deep blue field, with a circular white centre of the same material. Upon this circle shall be painted or embroidered, to show on both sides alike, the coat of arms of the Commonwealth, as described in § 1-500 for the obverse of the great seal of the Commonwealth; and there may be a white fringe on the outer edge, furthest from the flagstaff. This shall be known and respected as the flag of the Commonwealth.

Code 1950, § 7-32; 1966, c. 102, § 7.1-32; 2005, c. 839.

Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-507. Governor to prescribe size of flag.
The Governor shall regulate the size and dimensions of the flag proper for forts, arsenals and public buildings, for ships-of-war and merchant marine, for troops in the field, respectively, and for any other purpose, according to his discretion by proclamation.

Code 1950, § 7-33; 1966, c. 102, § 7.1-33; 2005, c. 839.
Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-508. Director of General Services to have available flags of the Commonwealth for sale.
The Director of the Department of General Services shall have available at all times flags of the Commonwealth, to be offered for sale to the public in such manner as the Director may determine.

Such flags shall be of good quality, shall conform to the specifications prescribed in § 1-506, shall be offered in the various sizes prescribed by the Governor pursuant to § 1-507, and shall be purchased in compliance with the provisions of § 2.2-4323.1.

The prices to be charged for such flags shall be at cost as determined by the Director.

Code 1950, § 7-33.1; 1958, c. 553; 1960, c. 347; 1966, c. 102, § 7.1-34; 2005, c. 839; 2016, cc. 289, 297.

Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-509. When flag to be suspended over Capitol.
During the sessions of either house of the General Assembly the flag of the Commonwealth shall be kept raised over the respective chambers of the Capitol, or other place of session, if practicable, as directed by the Director of the Department of General Services and the Chief of the Virginia Capitol Police in consultation with the Clerk of the House of Delegates and the Clerk of the Senate.

Code 1950, § 7-34; 1966, c. 102, § 7.1-35; 1970, c. 561; 2005, c. 839.
Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-511. English designated the official language of the Commonwealth.
English shall be designated as the official language of the Commonwealth. Except as provided by law, no state agency or local government shall be required to provide and no state agency or local government shall be prohibited from providing any documents, information, literature or other written materials in any language other than English.

1996, c. 829, § 7.1-42; 2005, c. 839.

Code of Virginia — Title 1 (General Provisions), Chapter 5 (EMBLEMS)
§ 1-512. Poet laureate.
The honorary position of Poet Laureate of Virginia is hereby created. The Governor may appoint a poet laureate from a list of nominees submitted by the Poetry Society of Virginia. Each poet laureate shall serve a term of two years with no restrictions on reappointment.

1997, c. 299, § 7.1-43; 2005, c. 839.
Code of Virginia — Title 1 (General Provisions), Chapter 6 (Virginia Coordinate Systems)
§ 1-600. (For contingent expiration date, see Acts 2025, cc. 91 and 109, cl. 2) Virginia coordinate systems designated.
The systems of plane coordinates that have been established by the National Ocean Service/National Geodetic Survey or its successors for defining and stating the positions or locations of points on the surface of the earth within the Commonwealth are to be known and designated as the "Virginia Coordinate System of 1927" and the "Virginia Coordinate System of 1983."

1946, p. 166; Michie Suppl. 1946, § 2849(1); Code 1950, § 55-287; 1984, c. 726; 2019, c. 712.

Code of Virginia — Title 1 (General Provisions), Chapter 6 (Virginia Coordinate Systems)
§ 1-601. (For contingent expiration date, see Acts 2025, cc. 91 and 109, cl. 2) North and South Zones.
For the purpose of the use of the Virginia Coordinate System of 1927 and the Virginia Coordinate System of 1983, the Commonwealth is divided into a "North Zone" and a "South Zone."

The area now included in the following counties and cities shall constitute the North Zone: Arlington, Augusta, Bath, Caroline, Clarke, Culpeper, Fairfax, Fauquier, Frederick, Greene, Highland, King George, Loudoun, Madison, Orange, Page, Prince William, Rappahannock, Rockingham, Shenandoah, Spotsylvania, Stafford, Warren, and Westmoreland Counties and the Cities of Alexandria, Fairfax, Falls Church, Fredericksburg, Harrisonburg, Manassas, Manassas Park, Staunton, Waynesboro, and Winchester.

The area now included in the following counties and cities shall constitute the South Zone: Accomack, Albemarle, Alleghany, Amelia, Amherst, Appomattox, Bedford, Bland, Botetourt, Brunswick, Buchanan, Buckingham, Campbell, Carroll, Charles City, Charlotte, Chesterfield, Craig, Cumberland, Dickenson, Dinwiddie, Essex, Floyd, Fluvanna, Franklin, Giles, Gloucester, Goochland, Grayson, Greensville, Halifax, Hanover, Henrico, Henry, Isle of Wight, James City, King and Queen, King William, Lancaster, Lee, Louisa, Lunenburg, Mathews, Mecklenburg, Middlesex, Montgomery, Nelson, New Kent, Northampton, Northumberland, Nottoway, Patrick, Pittsylvania, Powhatan, Prince Edward, Prince George, Pulaski, Richmond, Roanoke, Rockbridge, Russell, Scott, Smyth, Southampton, Surry, Sussex, Tazewell, Washington, Wise, Wythe, and York Counties and the Cities of Bristol, Buena Vista, Charlottesville, Chesapeake, Colonial Heights, Covington, Danville, Emporia, Franklin, Galax, Hampton, Hopewell, Lexington, Lynchburg, Martinsville, Newport News, Norfolk, Norton, Petersburg, Poquoson, Portsmouth, Radford, Richmond, Roanoke, Salem, Suffolk, Virginia Beach, and Williamsburg.

Code 1950, § 55-288.1; 1984, c. 726; 2006, c. 861; 2016, cc. 164, 312; 2019, c. 712.
Code of Virginia — Title 1 (General Provisions), Chapter 6 (Virginia Coordinate Systems)
§ 1-602. (For contingent expiration date, see Acts 2025, cc. 91 and 109, cl. 2) Designation of systems in land description.
A. As established for use in the North Zone, the Virginia Coordinate System of 1927 or the Virginia Coordinate System of 1983 shall be named, and in any land description in which it is used, it shall be designated the "Virginia Coordinate System of 1927, North Zone" or "Virginia Coordinate System of 1983, North Zone."

B. As established for use in the South Zone, the Virginia Coordinate System of 1927 or the Virginia Coordinate System of 1983 shall be named, and in any land description in which it is used, it shall be designated the "Virginia Coordinate System of 1927, South Zone" or "Virginia Coordinate System of 1983, South Zone."

1946, p. 167; Michie Suppl. 1946, § 2849(2); Code 1950, § 55-289; 1984, c. 726; 2019, c. 712.

Code of Virginia — Title 1 (General Provisions), Chapter 6 (Virginia Coordinate Systems)
§ 1-603. (For contingent expiration date, see Acts 2025, cc. 91 and 109, cl. 2) Plane coordinates used in systems.
The plane coordinates of a point on the earth's surface, to be used in expressing the position or location of such point in the appropriate zone of these systems, shall be expressed in U.S. survey feet and decimals of a foot. One of these distances, to be known as the "x-coordinate," shall give the position in an east-and-west direction; the other, to be known as the "y-coordinate," shall give the position in a north-and-south direction. These coordinates shall be made to depend upon and conform to the coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Service/National Geodetic Survey, or its successors, and whose plane coordinates have been computed on the systems defined in this chapter. Any such station may be used for establishing a survey connection to either Virginia coordinate system.

When converting coordinates in the Virginia Coordinate System of 1983 from meters and decimals of a meter to feet and decimals of a foot, the U.S. survey foot conversion factor (one foot equals 1200/3937 meters) shall be used. This requirement does not preclude the continued use of the International foot conversion factor (one foot equals 0.3048 meters) in those counties and cities where this factor was in use prior to July 1, 1992. The plat or plan shall contain a statement of the conversion factor used and the coordinate values of a minimum of two project points in feet.

1946, p. 167; Michie Suppl. 1946, § 2849(3); Code 1950, § 55-290; 1984, c. 726; 1992, c. 1; 2019, c. 712.
Code of Virginia — Title 1 (General Provisions), Chapter 6 (Virginia Coordinate Systems)
§ 1-604. Tract of land lying in both coordinate zones.
When any tract of land to be defined by a single description extends from one into the other of the two coordinate zones established in this chapter, the positions of all points on its boundaries may be referred to either of the two zones, with the zone that is used being specifically named in the description.

1946, p. 167; Michie Suppl. 1946, § 2849(4); Code 1950, § 55-291; 2019, c. 712.

Code of Virginia — Title 1 (General Provisions), Chapter 6 (Virginia Coordinate Systems)
§ 1-605. (For contingent expiration date, see Acts 2025, cc. 91 and 109, cl. 2) Definition of systems by National Ocean Service/National Geodetic Survey; adopted.
A. For purposes of more precisely defining the Virginia Coordinate System of 1927, the following definition by the National Ocean Service/National Geodetic Survey is adopted:

The Virginia Coordinate System of 1927, North Zone, is a Lambert conformal projection of the Clarke spheroid of 1896, having standard parallels at north latitudes 38° 02' and 39° 12', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 78° 30' west of Greenwich with the parallel 37° 40' north latitude, such origin being given the coordinates: x = 2,000,000', and y = 0'.

The Virginia Coordinate System of 1927, South Zone, is a Lambert conformal projection of the Clarke spheroid of 1896, having standard parallels at north latitudes 36° 46' and 37° 58', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 78° 30' west of Greenwich with the parallel 36° 20' north latitude, such origin being given the coordinates: x = 2,000,000', and y = 0'.

B. For purposes of more precisely defining the Virginia Coordinate System of 1983, the following definition by the National Ocean Service/National Geodetic Survey is adopted:

The Virginia Coordinate System of 1983, North Zone, is a Lambert conformal conic projection based on the North American Datum of 1983, having standard parallels at north latitudes 38° 02' and 39° 12', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 78° 30' west of Greenwich and the parallel 37° 40' north latitude, such origin being given the coordinates: x = 3,500,000 meters and y = 2,000,000 meters.

The Virginia Coordinate System of 1983, South Zone, is a Lambert conformal conic projection based on the North American Datum of 1983, having standard parallels at north latitudes 36° 46' and 37° 58', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 78° 30' west of Greenwich and the parallel 36° 20' north latitude, such origin being given the coordinates: x = 3,500,000 meters and y = 1,000,000 meters.

1946, p. 167; Michie Suppl. 1946, § 2849(5); Code 1950, § 55-292; 1984, c. 726; 2019, c. 712.
Code of Virginia — Title 1 (General Provisions), Chapter 6 (Virginia Coordinate Systems)
§ 1-606. (For contingent expiration date, see Acts 2025, cc. 91 and 109, cl. 2) Position of systems.
The position of the Virginia coordinate systems shall be as marked on the ground by triangulation or traverse stations established in conformity with the standards of accuracy and specifications for first-order and second-order geodetic surveying as prepared and published by the Federal Geodetic Control Subcommittee of the Federal Geographic Data Committee of the U.S. Department of Commerce. The geodetic position of stations defining the position of the Virginia Coordinate System of 1927 shall have been rigidly adjusted on the North American Datum of 1927, and the plane coordinates shall have been computed on the Virginia Coordinate System of 1927. The geodetic position of stations defining the position of the Virginia Coordinate System of 1983 shall have been rigidly adjusted on the North American Datum of 1983, and the plane coordinates shall have been computed on the Virginia Coordinate System of 1983. The geodetic position of stations defining the position of the Virginia Coordinate System of 2022 shall have been rigidly adjusted on the North American Terrestrial Reference Frame of 2022, and the plane coordinates shall have been computed on the Virginia Coordinate System of 2022. Any such station may be used for establishing a survey connection with the Virginia coordinate systems.

1946, p. 168; Michie Suppl. 1946, § 2849(5); Code 1950, § 55-293; 1984, c. 726; 2019, c. 712; 2025, cc. 91, 109.

Code of Virginia — Title 1 (General Provisions), Chapter 6 (Virginia Coordinate Systems)
§ 1-607. Limitation on use of systems.
No coordinates based on the Virginia coordinate systems, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within two kilometers of a public or private monumented horizontal control station established in conformity with the standards of accuracy and specifications for second-order, class II or better geodetic surveying as prepared and published by the Federal Geodetic Control Subcommittee of the Federal Geographic Data Committee of the U.S. Department of Commerce. Standards and specifications of the Federal Geodetic Control Subcommittee or its successor in force on the date of such survey shall apply. The publishing of the existing control stations, or the acceptance with intent to publish the new established control stations, by the National Ocean Service/National Geodetic Survey constitutes evidence of adherence to the Federal Geodetic Control Subcommittee specifications. The two kilometers' limitation may be modified by a duly authorized state agency to meet local conditions. Nothing contained in this chapter shall be interpreted as preventing the use of the Virginia coordinate systems in any unrecorded deeds, maps, or computations.

1946, p. 168; Michie Suppl. 1946, § 2849(6); Code 1950, § 55-294; 1984, c. 726; 2019, c. 712.
Code of Virginia — Title 1 (General Provisions), Chapter 6 (Virginia Coordinate Systems)
§ 1-608. (For contingent expiration date, see Acts 2025, cc. 91 and 109, cl. 2) Limitation on use of name of systems.
The use of the terms "Virginia Coordinate System of 1927" or "Virginia Coordinate System of 1983" on any map, report of survey, or other document shall be limited to coordinates based on the Virginia coordinate systems as defined in this chapter.

1946, p. 168; Michie Suppl. 1946, § 2849(7); Code 1950, § 55-295; 1984, c. 726; 2019, c. 712.

Code of Virginia — Title 1 (General Provisions), Chapter 6 (Virginia Coordinate Systems)
§ 1-609. Use of system not compulsory.
For purposes of describing the location of any survey station or land boundary corner in the Commonwealth, it shall be considered a complete, legal, and satisfactory description of such location to give the position of such survey station or land boundary corner on the system of plane coordinates defined in this chapter. Nothing contained in this chapter shall require any purchaser or mortgagee to rely on a description any part of which depends exclusively upon either Virginia coordinate system.

1946, p. 168; Michie Suppl. 1946, § 2849(8); Code 1950, § 55-296; 1984, c. 726; 2019, c. 712.

Code of Virginia — Title 1 (General Provisions), Chapter 6 (Virginia Coordinate Systems)
§ 1-610. Old Dominion University designated as administrative agency.
Old Dominion University is designated as the authorized state agency to collect and distribute information, to authorize such modifications as are referred to in § 1-607, and generally to advise with and assist appropriate state and federal agencies and individuals interested in the development of the provisions of this chapter.

1946, p. 168; Michie Suppl. 1946, § 2849(10); Code 1950, § 55-297; 1966, c. 55; 1968, c. 223; 1977, c. 114; 2019, c. 712.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-100. Definitions.
As used in this subtitle, unless the context requires a different meaning:

"Department" means the Department of Conservation and Recreation.

"Director" means the Director of the Department of Conservation and Recreation.

1988, c. 891; 1989, c. 656.

Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-101. Department continued; appointment of Director.
The Department of Conservation and Historic Resources is continued as the Department of Conservation and Recreation. The Department shall be headed by a Director appointed by the Governor to serve at his pleasure for a term coincident with his own.

1984, c. 750, § 10-252; 1988, c. 891; 1989, c. 656.

Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-102. Powers and duties of Director.
The Director, under the direction and control of the Governor, shall exercise the powers and perform the duties that are conferred upon him by law and he shall perform such other duties as may be required of him by the Governor or the appropriate citizen boards.

1984, c. 750, § 10-252.1; 1988, c. 891.

Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-103. Organization of the Department.
The Director shall establish divisions through which the functions of the Department and the corresponding powers and duties may be exercised and discharged. The Director shall appoint competent persons to direct the various functions and programs of the Department, and may delegate any of the powers and duties conferred or imposed by law upon him.

1984, c. 750, § 10-253; 1986, c. 567; 1987, c. 234; 1988, c. 891; 1989, c. 656.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104. Powers of the Department.
A. The Department shall have the following powers, which may be delegated by the Director:

1. To employ such personnel as may be required to carry out those duties conferred by law;

2. To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, including but not limited to contracts with private nonprofit organizations, the United States, other state agencies and political subdivisions of the Commonwealth;

3. To accept bequests and gifts of real and personal property as well as endowments, funds, and grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable;

4. To prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred by law;

5. To establish noncompetitively procured contracts, notwithstanding the Virginia Public Procurement Act (§ 2.2-4300 et seq.), with private nonprofit organizations that are exempt from federal taxation, to conduct revenue producing activities on Department lands provided the revenue generated after expenses is used to benefit Virginia State Parks and the Natural Area Preserve System. This subsection shall not provide for establishing contracts for capital improvements to state-owned facilities or on Department lands;

6. To establish the Office of Environmental Education to provide increased opportunities for public education programs on environmental issues. The Office shall initiate and supervise programs designed to educate citizens on ecology, pollution and its control, technology and its relationship to environmental problems and their solutions, population and its relationship to environmental problems, and other matters concerning environmental quality;

7. To perform acts necessary or convenient to carry out the duties conferred by law; and

8. To assess civil penalties for violations of § 10.1-200.3.

B. Pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), the Department may promulgate regulations necessary to carry out the purposes and provisions of this subtitle. A violation of any regulation shall constitute a Class 1 misdemeanor, unless a different penalty is prescribed by the Code of Virginia. However, a violation of the Virginia State Park Regulations (4VAC5-30) shall constitute a Class 3 misdemeanor.

1984, c. 739, §§ 10-21.3:4, 10-21.3:5; 1984, c. 750, § 10-254; 1985, c. 448; 1988, c. 891; 2001, c. 370; 2007, c. 632; 2009, c. 392; 2012, cc. 803, 835.

Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104.01. Repealed.
Repealed by Acts 2020, c. 490, cl. 2.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104.02. Policies for consultation with federally recognized Tribal Nations in the Commonwealth.
A. The Department, with assistance from the Ombudsman for Tribal Consultation designated pursuant to § 2.2-401.01, shall develop policies and procedures, to the extent permitted by law, to ensure an opportunity for meaningful and appropriate written consultation with potentially impacted federally recognized Tribal Nations in the Commonwealth regarding certain major actions or permits issued by the Department. The Department shall designate an agency official to evaluate the adequacy of consultation and ensure that agency consultation practices are consistent. Actions and permits appropriate for consultation shall include the projects and actions set forth in subsection B. The policies shall define an appropriate means of notifying federally recognized Tribal Nations in the Commonwealth based on tribal preferences, ensure that sufficient information and time is provided for the federally recognized Tribal Nations in the Commonwealth to fully engage in consultation regarding the proposed action, and establish procedures for the Department to provide feedback to the federally recognized Tribal Nations in the Commonwealth to explain how their input was considered. Should feedback from the federally recognized Tribal Nations in the Commonwealth not be received by the deadline established in the Department's policies and procedures, the consultation provisions of this section shall be deemed fulfilled.

B. The following actions and projects are subject to consultation as set forth in subsection A: (i) cave collection permits, issued pursuant to the Cave Protection Act (§ 10.1-1000 et seq.), for permit applications pertaining to the study, extraction, or removal of any archaeological or historic feature in a cave in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01 and (ii) Virginia-regulated impounding structures permits issued pursuant to 4VAC50-20-70 and 4VAC50-20-80 in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01.

2024, c. 830.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104.1. Department to assist in the nonpoint source pollution management program.
A. The Department, with the advice of the Board of Conservation and Recreation and the Virginia Soil and Water Conservation Board and in cooperation with other agencies, organizations, and the public as appropriate, shall assist in the Commonwealth's nonpoint source pollution management program.

B. The Department shall be assisted in performing its nonpoint source pollution management responsibilities by Virginia's soil and water conservation districts. Assistance by the soil and water conservation districts in the delivery of local programs and services may include (i) the provision of technical assistance to advance adoption of conservation management services, (ii) delivery of educational initiatives targeted at youth and adult groups to further awareness and understanding of water quality issues and solutions, and (iii) promotion of incentives to encourage voluntary actions by landowners and land managers in order to minimize nonpoint source pollution contributions to state waters.

The provisions of this section shall not limit the powers and duties of other state agencies.

1993, cc. 19, 830; 2004, c. 474; 2013, cc. 756, 793.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104.2:1. Nitrogen application rates; regulations.
A. The Virginia Soil and Water Conservation Board shall adopt regulations that amend the application rates in the Virginia Nutrient Management Standards and Criteria by incorporating into such regulations or the documents incorporated by reference the recommended application rates for nitrogen in lawn fertilizer and lawn maintenance fertilizer and the recommended application rates for "slow or controlled release fertilizer" and "enhanced efficiency lawn fertilizer," as such terms are defined and adopted or proposed for adoption by the Association of American Plant Food Control Officials, as described in the Virginia Department of Agriculture and Consumer Services' December 2011 "Report on the Use of Slowly Available Nitrogen in Lawn Fertilizer and Lawn Maintenance Fertilizer."

B. Such regulatory amendment provided for in subsection A shall follow a fast-track regulatory process established pursuant to § 2.2-4012.1 of the Administrative Process Act and shall be adopted no later than July 1, 2014.

2012, c. 796; 2013, cc. 593, 658.

Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104.3. Clean Water Farm Award Program.
The Director shall establish the Clean Water Farm Award Program to recognize farms in the Commonwealth which utilize practices designed to protect water quality and soil resources. A farm shall be eligible for recognition upon application from the farmer or the local soil and water conservation district, if the district concurs that the farmer is implementing conservation practices that effectively address agricultural nonpoint source pollutants. Such practices may include vegetative riparian buffers, cover crops, conservation tillage, livestock exclusion from waterways, and nutrient management plans. The Director may establish guidelines for limiting the quantity of annual recipients, receiving and ranking applications, ensuring geographical representation of awards from the major watersheds of the Commonwealth including the Chesapeake Bay watershed, providing local farm recognition through the local soil and water conservation districts, and providing special statewide recognition to select farms. Recognition under this program shall not be a requirement under any other state program.

1998, c. 93; 2009, c. 349.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104.4. Nutrient management plans required for state lands; review of plans.
A. On or before July 1, 2006, all state agencies, public institutions of higher education in the Commonwealth, and other state governmental entities that own land upon which fertilizer, manure, sewage sludge or other compounds containing nitrogen or phosphorus are applied to support agricultural, turf, plant growth, or other uses shall develop and implement a nutrient management plan for such land. The plan shall be in conformance with the following nutrient management requirements:

1. For all state-owned agricultural and forestal lands where nutrient applications occur, state agencies, public institutions of higher education in the Commonwealth, and other state governmental entities shall submit site-specific individual nutrient management plans prepared by a certified nutrient management planner pursuant to § 10.1-104.2 and regulations promulgated thereunder. However, where state agencies are conducting research involving nutrient application rate and timing on state-owned agricultural and forestal lands, such lands shall be exempt from the application rate and timing provisions contained in the regulations developed pursuant to § 10.1-104.2.

2. For all state-owned lands other than agricultural and forestal lands where nutrient applications occur, state agencies, public institutions of higher education in the Commonwealth, and other state governmental entities shall submit nutrient management plans prepared by a certified nutrient management planner pursuant to § 10.1-104.2 and regulations promulgated thereunder or planning standards and specifications acceptable to the Department.

B. Plans or planning standards and specifications submitted under subdivisions A 1 and A 2 shall be reviewed and approved by the Department. Such approved plans and planning standards and specifications shall be in effect for a maximum of three years, and shall be revised and submitted for approval to the Department at least once every three years thereafter.

C. State agencies, public institutions of higher education in the Commonwealth, and other state governmental entities shall maintain and properly implement any such nutrient management plan or planning standards or specifications on all areas where nutrients are applied.

D. The Department may (i) provide technical assistance and training on the development and implementation of a nutrient management plan, (ii) conduct periodic reviews as part of its responsibilities authorized under this section, and (iii) assess an administrative charge to cover a portion of the costs for services associated with its responsibilities authorized under this section.

E. The Department shall develop written procedures for the development, submission, and the implementation of a nutrient management plan or planning standards and specifications that shall be provided to all state agencies, public institutions of higher education in the Commonwealth, and other state governmental entities that own land upon which nutrients are applied.

2005, c. 65.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104.5. Nutrient management plans required for golf courses; penalty.
A. On or before July 1, 2017, all persons that own land operated as a golf course and upon which fertilizer, manure, sewage sludge, or other compounds containing nitrogen or phosphorous are applied to support turf, plant growth, or other uses shall develop and implement nutrient management plans for such land in accordance with the regulations adopted pursuant to § 10.1-104.2. However, such lands shall be exempt from the application rate and timing provisions contained in any regulations developed pursuant to § 10.1-104.2 if research involving nutrient application rate and timing is conducted on such lands.

B. Nutrient management plans developed pursuant to this section shall be submitted to the Department. The Department shall approve or contingently approve such nutrient management plans within 30 days of submission. Such nutrient management plans shall be revised and resubmitted for approval to the Department every five years thereafter or upon a major renovation or redesign of the golf course lands, whichever occurs sooner.

C. Golf courses shall maintain and properly implement approved nutrient management plans, planning standards, and specifications on all areas where nutrients are applied.

D. Nutrient management plans shall be made available to the Department upon request.

E. The Department shall (i) provide technical assistance and training on the development and implementation of nutrient management plans, planning standards, and specifications and (ii) establish, prior to July 1, 2015, a cost-share program specific to golf courses for implementation of this section.

F. Any information collected pursuant to this section shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

G. A golf course owner found to be in violation of this section after July 1, 2017, shall be given 90 days to submit a nutrient management plan to the Department for approval before a $250 civil penalty is imposed. All civil penalties imposed under this section shall be deposited in the Nutrient Management Training and Certification Fund (§ 10.1-104.2).

H. Golf courses in compliance with this section shall not be subject to local ordinances governing the use or application of fertilizer.

2011, cc. 341, 353.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104.6. Supplemental environmental projects.
A. As used in this section:

"Supplemental environmental project" means an environmentally beneficial project undertaken as partial settlement of a civil enforcement action and not otherwise required by law.

B. The Virginia Soil and Water Conservation Board or the Director acting on behalf of the Board or under his own authority in issuing any administrative order, or any court of competent jurisdiction as provided for under this Code, may, in its or his discretion and with the consent of the person subject to the order, provide for such person to undertake one or more supplemental environmental projects. The project shall have a reasonable geographic nexus to the violation or, if no such project is available, shall advance at least one of the declared objectives of the environmental law or regulation that is the basis of the enforcement action. Performance of such projects shall be enforceable in the same manner as any other provision of the order.

C. The following categories of projects may qualify as supplemental environmental projects, provided the project otherwise meets the requirements of this section: public health, pollution prevention, pollution reduction, environmental restoration and protection, environmental compliance promotion, and emergency planning and preparedness. In determining the appropriateness and value of a supplemental environmental project, the following factors shall be considered by the enforcement authority: net project costs, benefits to the public or the environment, innovation, impact on minority or low income populations, multimedia impact, and pollution prevention. The costs of those portions of a supplemental environmental project that are funded by state or federal low-interest loans, contracts or grants shall be deducted from the net project cost in evaluating the project. In each case in which a supplemental environmental project is included as part of a settlement, an explanation of the project with any appropriate supporting documentation shall be included as part of the case file.

D. Nothing in this section shall require the disclosure of documents exempt from disclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

E. Any decision whether or not to agree to a supplemental environmental project is within the sole discretion of the Virginia Soil and Water Conservation Board, Director, or court and shall not be subject to appeal.

F. Nothing in this section shall be interpreted or applied in a manner inconsistent with applicable federal law or any applicable requirement for the Commonwealth to obtain or maintain federal delegation or approval of any regulatory program.

2011, c. 505.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104.6:2. Invasive plant species.
A. The Department shall create a list of invasive plant species no later than January 1, 2024, and shall update such list at least every four years thereafter.

B. No agency of the Commonwealth shall plant, sell, or propagate any plant on the list of invasive plants established in subsection A except when doing so is necessary for scientific or educational purposes or bona fide agricultural purposes including the management, tilling, planting, or harvesting of agricultural products.

2023, c. 153.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104.7. Resource management plans; effect of implementation; exclusions.
A. Notwithstanding any other provision of law, agricultural landowners or operators who fully implement and maintain the applicable components of their resource management plan, in accordance with the criteria for such plans set out in § 10.1-104.8 and any regulations adopted thereunder, shall be deemed to be in full compliance with (i) any load allocation contained in a total maximum daily load (TMDL) established under § 303(d) of the federal Clean Water Act addressing benthic, bacteria, nutrient, or sediment impairments; (ii) any requirements of the Virginia Chesapeake Bay TMDL Watershed Implementation Plan; and (iii) applicable state water quality requirements for nutrients and sediment.

B. The presumption of full compliance provided in subsection A shall not prevent or preclude enforcement of provisions pursuant to (i) a resource management plan or a nutrient management plan otherwise required by law for such operation, (ii) a Virginia Pollutant Discharge Elimination System permit, (iii) a Virginia Pollution Abatement permit, or (iv) requirements of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.).

C. Landowners or operators who implement and maintain a resource management plan in accordance with this article shall be eligible for matching grants for agricultural best management practices provided through the Virginia Agricultural Best Management Practices Cost-Share Program administered by the Department in accordance with program eligibility rules and requirements. Such landowners and operators may also be eligible for state tax credits in accordance with §§ 58.1-339.3 and 58.1-439.5.

D. Nothing in this article shall be construed to limit, modify, impair, or supersede the authority granted to the Commissioner of Agriculture and Consumer Services pursuant to Chapter 4 (§ 3.2-400 et seq.) of Title 3.2.

E. Any personal or proprietary information collected pursuant to this article shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except that the Director may release information that has been transformed into a statistical or aggregate form that does not allow identification of the persons who supplied, or are the subject of, particular information. This subsection shall not preclude the application of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) in all other instances of federal or state regulatory actions. Pursuant to subdivision 45 of § 2.2-3711, public bodies may hold closed meetings for discussion or consideration of certain records excluded from the provisions of this article and the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

2011, c. 781; 2015, cc. 27, 169; 2017, c. 616.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-104.9. Regulations under this article.
Regulations adopted by the Board for the enforcement of this article shall be subject to the requirements set out in §§ 2.2-4007.03, 2.2-4007.04, 2.2-4007.05, and 2.2-4026 through 2.2-4030 of the Administrative Process Act (§ 2.2-4000 et seq.), and shall be published in the Virginia Register of Regulations. The Board shall convene a stakeholder group to assist in development of these regulations, with representation from agricultural and environmental interests as well as Soil and Water Conservation Districts. All other provisions of the Administrative Process Act shall not apply to the adoption of any regulation pursuant to this article. After the close of the 60-day comment period, the Board may adopt a final regulation, with or without changes. Such regulation shall become effective 15 days after publication in the Virginia Register of Regulations, unless the Board has withdrawn or suspended the regulation or a later date has been set by the Board. The Board shall also hold at least one public hearing on the proposed regulation during the 60-day comment period. The notice for such public hearing shall include the date, time, and place of the hearing.

2011, c. 781.

Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-105. Board of Conservation and Recreation.
The Board of Conservation and Recreation shall be reorganized and is established as a policy board in the executive branch in accordance with § 2.2-2100 and shall consist of 12 members to be appointed by the Governor. The Board shall be the successor to the Board on Conservation and Development of Public Beaches and the Virginia State Parks Foundation. The members of the Board shall initially be appointed for terms of office as follows: three for a one-year term, three for a two-year term, three for a three-year term, and three for a four-year term. The Governor shall designate the term to be served by each appointee at the time of appointment. Appointments thereafter shall be made for four-year terms. No person shall serve more than two consecutive full terms. Any vacancy shall be filled by the Governor for the unexpired term. All terms shall begin July 1. Board members shall serve at the pleasure of the Governor. In making appointments, the Governor shall endeavor to select persons suitably qualified to consider and act upon the various special interests and problems related to the programs of the Department. The Board may appoint subcommittees of not less than three to consider and deal with special interests and problems related to programs of the Department.

Code 1950, § 10-3; 1954, c. 487; 1958, c. 427; 1966, cc. 477, 510; 1984, c. 750; 1988, c. 891; 1989, c. 656; 1991, c. 84; 2003, cc. 79, 89.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-106. Officers; meetings; quorum.
The Board shall elect one of its members chairman, and another as vice-chairman. The Director or his designee shall serve as executive secretary to the Board.

The Board shall meet at least three times a year on the call of the chairman or the Director. The vice-chairman shall fill the position of chairman in the event the chairman is not available. A majority of the members of the Board shall constitute a quorum of the Board.

Code 1950, §§ 10-4, 10-5; 1958, c. 427; 1968, c. 126; 1988, c. 891; 1991, c. 84; 2003, cc. 79, 89.
Code of Virginia — Title 10.1 (Conservation), Chapter 1 (GENERAL PROVISIONS)
§ 10.1-108. Definitions.
As used in this article, unless the context requires a different meaning:

"Environment" means the natural, scenic, scientific and historic attributes of the Commonwealth.

"Exploration" means the examination and investigation of land for the purpose of locating and determining the extent of minerals, by excavating, drilling, boring, sinking shafts, sinking wells, driving tunnels, or other means.

"Mineral" means petroleum, natural gas, coal, ore, rock and any other solid chemical element or compound which results from the inorganic process of nature. For the purposes of this article, the word mineral shall not include timber.

1978, c. 835, § 10-17.113; 1988, c. 891.