reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.34:19.2. Recordkeeping and access to records and facilities

A. All records relating to compliance with the requirements of this article shall be maintained by the operator of a facility at the facility or at an alternate location approved by the Board for a period of at least five years. Such records shall be available for inspection and copying by the Board and shall include books, papers, documents and records relating to the daily measurement and inventory of oil stored at a facility, all information relating to tank testing, all records relating to spill events or other discharges of oil from the facility, all supporting documentation for developed contingency plans, and any records required to be kept by regulations of the Board.
B. In the case of a pipeline, all records relating to compliance with the requirements of the Hazardous Liquid Pipeline Safety Act of 1979, all records relating to spill events or other discharges of oil from the pipeline in the Commonwealth, and all supporting documentation for approved contingency plans shall be maintained by the operator of a pipeline at the facility or at an alternate location approved by the Board for a period of at least five years.
C. A record of all discharges of oil to state lands in amounts less than twenty-five gallons shall be established and maintained for a period of five years in accordance with subsections A and B of this section.
D. Every operator of a facility shall, upon reasonable notice, permit at reasonable times and under reasonable circumstances a duly designated official of the political subdivision in which the facility is located or of any political subdivision within one mile of the facility or duly designated agent retained or employed by such political subdivisions to have access to and to copy all information required to be kept in subsections A, B and C.
E. Any duly designated official of the political subdivision in which the facility is located or of any political subdivision within one mile of the facility or duly designated agent retained or employed by such political subdivisions may, at reasonable times and under reasonable circumstances, enter and inspect any facility, provided that in nonemergency situations such local official, agent or employee shall be accompanied by the operator or his designee.
1992, c. 456.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.34:21. Administrative fees

A. The Board is authorized to collect from any applicant for approval of an oil discharge contingency plan and from any operator seeking acceptance of evidence of financial responsibility fees sufficient to meet, but not exceed, the costs of the Board related to implementation of § 62.1-44.34:15 as to an applicant for approval of an oil discharge contingency plan and of § 62.1-44.34:16 as to an operator seeking acceptance of evidence of financial responsibility. The Board shall establish by regulation a schedule of fees that takes into account the nature and type of facility and the effect of any prior professional certification or federal review or approval on the level of review required by the Board. All such fees received by the Board shall be used exclusively to implement the provisions of this article.
B. Fees charged an applicant should reflect the average time and complexity of processing approvals in each of the various categories.
C. When adopting regulations for fees, the Board shall take into account the fees charged in neighboring states, and the importance of not placing existing or prospective industries in the Commonwealth at a competitive disadvantage. Within six months of receipt of any federal moneys that would offset the costs of implementing this article, the Board shall review the amount of fees set by regulation to determine the amount of fees which should be refunded. Such refunds shall only be required if the fees plus the federal moneys received for the implementation of the program under this article as it applies to facilities exceed the actual cost to the Board of administering the program.
D. On October 1, 1995, and every two years thereafter, the Board shall make an evaluation of the implementation of the fee programs and provide this evaluation in writing to the Senate Committees on Agriculture, Conservation and Natural Resources, and on Finance and Appropriations; and the House Committees on Appropriations, Chesapeake and Its Tributaries, and Finance.
1990, c. 917; 1992, c. 345.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.34:23. Exceptions

A. Nothing in this article shall apply to: (i) normal discharges from properly functioning vehicles and equipment, marine engines, outboard motors or hydroelectric facilities; (ii) accidental discharges from farm vehicles or noncommercial vehicles; (iii) accidental discharges from the fuel tanks of commercial vehicles or vessels that have a fuel tank capacity of 150 gallons or less; (iv) discharges authorized by a valid permit issued by the Board pursuant to § 62.1-44.15 (5) or by the United States Environmental Protection Agency; (v) underground storage tanks regulated under a state program; (vi) releases from underground storage tanks as defined in § 62.1-44.34:8, regardless of when the release occurred; (vii) discharges of hydrostatic test media from a pipeline undergoing a hydrostatic test in accordance with federal pipeline safety regulations; or (viii) discharges authorized by the federal on-scene coordinator and the Executive Director or his designee in connection with activities related to the recovery of spilled oil where such activities are undertaken to minimize overall environmental damage due to an oil spill into or on state waters. However, the exception provided in clause (viii) shall in no way reduce the liability of the person who initially spilled the oil which is being recovered.
B. Notwithstanding the exemption set forth in clause (vi) of subsection A of this section, a political subdivision may recover pursuant to subsection C of § 62.1-44.34:18 for a discharge of oil into or upon state waters, lands, or storm drain systems from an underground storage tank regulated under a state program at facilities with an aggregate capacity of one million gallons or greater.
1978, c. 816; 1987, c. 677; 1990, c. 917; 1992, cc. 302, 456; 1993, cc. 18, 231; 1994, c. 416.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.34:24. Definitions

As used in this article, unless the context requires otherwise:
"Council" means the Virginia Spill Response Council.
"Discharge" means spillage, leakage, pumping, pouring, seepage, emitting, dumping, emptying, injecting, escaping, leaching, fire, explosion, or other releases.
"Hazardous materials" means substances or materials which may pose unreasonable risks to health, safety, property, or the environment when used, transported, stored, or disposed of, which may include materials which are solid, liquid, or gas. Hazardous materials may include toxic substances, flammable and ignitable materials, explosives, corrosive materials, and radioactive materials and include (i) those substances or materials in a form or quantity which may pose an unreasonable risk to health, safety, or property when transported, and which the Secretary of Transportation of the United States has so designated by regulation or order; (ii) hazardous substances as defined or designated by law or regulation of the Commonwealth or law or regulation of the United States government; and (iii) hazardous waste as defined or designated by law or regulation of the Commonwealth.
"Oil" means oil of any kind and in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with waste, crude oils, and other liquid hydrocarbons regardless of specific gravity.
1990, c. 598.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.34:25. Virginia Spill Response Council created; purpose; membership

A. There is hereby created the Virginia Spill Response Council. The purpose of the Council is to (i) improve the Commonwealth's capability to respond in a timely and coordinated fashion to incidents involving the discharge of oil or hazardous materials which pose a threat to the environment, its living resources, and the health, safety, and welfare of the people of the Commonwealth and (ii) provide an ongoing forum for discussions between agencies which are charged with the prevention of, and response to, oil spills and hazardous materials incidents, and those agencies responsible for the remediation of such incidents.
B. The Secretary of Natural and Historic Resources and the Secretary of Public Safety and Homeland Security, upon the advice of the director of the agency, shall select one representative from each of the following agencies to serve as a member of the Council: Department of Emergency Management, State Water Control Board, Department of Environmental Quality, Virginia Marine Resources Commission, Department of Wildlife Resources, Department of Health, Department of Fire Programs, and the Council on the Environment.
C. The Secretary of Natural and Historic Resources or his designee shall serve as chairman of the Council.
1990, c. 598; 1991, c. 66; 2014, cc. 115, 490; 2020, c. 958; 2021, Sp. Sess. I, c. 401.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.34:26. Responsibilities of the Council

The Council shall have the following responsibilities:
1. To foster the exchange of information between the federal, state, and local government;
2. To enhance Virginia's participation in the United States Environmental Protection Agency's Region III Response Team;
3. To review and evaluate the response to emergency situations and recommend changes to the Commonwealth of Virginia's Oil and Hazardous Materials Emergency Response Plan;
4. To provide ongoing analysis of the most recent technical developments for the remediation of discharges; and
5. To coordinate its activities with the Secure and Resilient Commonwealth Panel.
1990, c. 598; 2011, cc. 594, 681.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.34:28. Council to submit annual report

The Council shall submit a report annually to the Secretaries of Natural and Historic Resources and Transportation and Public Safety, which includes (i) an evaluation of the emergency response preparedness activities undertaken and the emergency response activities conducted during the year and (ii) a description of the activities of the Council during the year.
1990, c. 598; 2021, Sp. Sess. I, c. 401.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.2 - Conservation of Water Resources; State Water Control Board › § 62.1-44.37. Resolution of conflicts as to water use; public hearings

The Board shall upon application of any state agency or political subdivision, and may upon its own motion, recommend a plan to resolve any conflict as to actual or proposed water use or other practice directly affecting water use that involves a potential or existing conflict between water use functions under the jurisdiction of different state agencies. If requested by any state agency or political subdivision directly affected, or at the Board's discretion, the Board shall hold public hearings on such question at which all persons concerned shall be heard.
Code 1950, § 10-17.2; 1966, c. 561; 1972, c. 728.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.2 - Conservation of Water Resources; State Water Control Board › § 62.1-44.39. Technical advice and information to be made available

The Board may make available technical advice and information on water resources to any agency or political subdivision of this Commonwealth, any committee, association or person interested in the conservation or use of water resources, any interstate agency or any agency of the federal government, all for the purpose of assisting in the preparation or effectuation of any plan or program concerning the use or control of the water resources of this Commonwealth in harmony with the state water resources policy or otherwise with the public interest in encouraging, promoting and securing the maximum beneficial use and control of the water resources of this Commonwealth.
Code 1950, § 10-17.4; 1966, c. 561; 1972, c. 728.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.2 - Conservation of Water Resources; State Water Control Board › § 62.1-44.40. Governor and General Assembly to be advised; annual report

The Board shall submit an annual report to the Governor and the General Assembly on or before October 1 of each year on matters relating to the state's water resources policy and the status of the state's water resources, including ground water.
Code 1950, § 10-17.5; 1966, c. 561; 1972, c. 728; 1984, c. 734; 2004, c. 650.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.2 - Conservation of Water Resources; State Water Control Board › § 62.1-44.41. Board authorized to speak and act for Commonwealth

(1) In all matters directly related to conservation or use of the Commonwealth's water resources, except as otherwise provided by law, the Board is authorized to speak and act for the Commonwealth in all relations with the federal government or with the government of other states or with interstate agencies or authorities directly concerning conservation or use of the Commonwealth's water resources.
(2) In regard to such matters, the Board, or such person or state agency as may be designated by it, may appear and testify for the Commonwealth before any committee of the United States Congress or any branch or agency of the federal government or the legislature or any court or commission of any state.
Code 1950, § 10-17.6; 1966, c. 561; 1972, c. 728.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.2 - Conservation of Water Resources; State Water Control Board › § 62.1-44.42. Cooperation with other agencies

(1) In order to assist the Board in carrying out its functions as provided by law, the Board may:
(a) Call upon the other agencies and political subdivisions of this Commonwealth to furnish or make available to the Board information concerning the water resources of this Commonwealth which such state agencies or political subdivisions have acquired or may acquire in the performance of their functions.
(b) Cooperate with the other agencies or political subdivisions of the Commonwealth in utilizing the services, records and other facilities of such agencies or political subdivisions to the maximum extent practicable.
(2) All officers and employees of the Commonwealth or the political subdivisions of the Commonwealth shall cooperate with the Board in the discharge of its duties and in effectuating the water resources policy of the Commonwealth.
(3) Upon receipt and approval by the Board of a claim therefor, any special or extraordinary expense incurred by any other agency or political subdivision of this Commonwealth in cooperating with the Board under subsections (1) and (2) of this section shall be paid to such other agency or political subdivision of the Commonwealth.
Code 1950, § 10-17.7; 1966, c. 561; 1972, c. 728.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.2 - Conservation of Water Resources; State Water Control Board › § 62.1-44.43. Additional powers of Board

In addition to other powers conferred by the foregoing sections, the Board shall have the following powers:
(a) To administer all funds available to the Board for carrying out the purposes and duties prescribed in §§ 62.1-44.36 through 62.1-44.43;
(b) To disburse funds to any department, commission, board, agency, officer or institution of the Commonwealth, or any political subdivision thereof for carrying out such purposes but in the disbursement of such funds the Board shall have no power to include, require or consider membership or nonmembership in any group, organization or political entity of whatsoever nature, and any formula for such distribution; except to the extent as may be required for qualification for such federal funds as may be involved in such distribution;
(c) To apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from federal programs respecting or related to conservation or development of the Commonwealth's water and related land resources;
(d) To act either independently or jointly with any department, commission, board, agency, officer or institution of the Commonwealth or any political subdivision thereof in order to carry out the Board's powers and duties;
(e) To accept gifts, bequests and any other things to be used for carrying out its purposes, powers and duties.
Code 1950, § 10-17.8; 1966, c. 561; 1972, c. 728; 1973, c. 450.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.2 - Conservation of Water Resources; State Water Control Board › § 62.1-44.44. Construction of chapter

Nothing in this chapter shall be construed as altering, or as authorizing any alteration of, any existing riparian rights or other vested rights in water or water use.
Code 1950, § 10-17.9; 1966, c. 561; 1972, c. 728; 2013, cc. 756, 793.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.6 - Potomac River Riparian Rights Act › § 62.1-44.114. Use of Potomac River; riparian rights

The Commonwealth and its citizens shall have the right to such use of the Potomac River as may be necessary to the full enjoyment of their riparian ownership as provided at common law and in the Compact of 1785 with Maryland, and confirmed by the Black-Jenkins Determination of 1877 and Article VII, § 1 of § 28.2-1001, cited as the Potomac River Compact of 1958.
1979, c. 307; 2005, c. 839.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.6 - Potomac River Riparian Rights Act › § 62.1-44.115. Review of uses by Water Control Board; report

The State Water Control Board shall annually review the uses and development of the waters of the Potomac River, and make such report thereon as it deems advisable to the Governor and to the General Assembly, together with such recommendations as the Board feels are necessary for the protection and full enjoyment of Virginia's riparian rights in such river.
1979, c. 307.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.6 - Potomac River Riparian Rights Act › § 62.1-44.116. Assistance by Board in riparian disputes

In the event non-Virginia claimants question or seek to abridge the riparian use of the waters of the Potomac River by Virginia riparian owners, the State Water Control Board shall advise and assist such riparian owners in the proper exercise and protection of their rights, giving due consideration to the rights of others and to the wise use of the water, and the Board shall assist in the resolution of conflicts concerning such rights.
1979, c. 307.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.7 - Chesapeake Bay and Virginia Waters Clean-Up and Oversight Act › § 62.1-44.118. Status reports on progress; legislative oversight

The Secretary of Natural and Historic Resources shall submit the impaired waters clean-up plan as described in § 62.1-44.117 no later than January 1, 2007, to the House Committee on Agriculture, Chesapeake and Natural Resources, the House Committee on Appropriations, the Senate Committee on Agriculture, Conservation and Natural Resources, and the Senate Committee on Finance and Appropriations. Thereafter, a progress report on the implementation of the plan shall be submitted annually to these committees of oversight. The report shall be due on November 1 of each year. Water quality reporting requirements in subsection D of § 10.1-2127, subsection C of § 10.1-2128.1, and § 10.1-2134 shall be annually consolidated in the November 1 report. If there are questions as to the status of the clean-up effort, the chairman of any of these committees may convene his committee for the purpose of receiving testimony. The executive branch departments and the Secretary of Natural and Historic Resources may request a meeting of any of the committees to inform them as to the progress of the clean-up or to propose specific initiatives that may require legislative action.
2006, c. 204; 2007, c. 637; 2011, c. 245; 2016, c. 127; 2021, Sp. Sess. I, c. 401.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.8 - Chesapeake Bay Watershed Implementation Plan Initiatives › § 62.1-44.119. (For contingent effective date, see § 62.1-44.119:1) Target date

In recognition of the ecological, cultural, economic, historical, and recreational value of the Chesapeake Bay, as well as the Commonwealth's commitment to the Chesapeake Bay Partnership and the 2014 Chesapeake Bay Agreement, the target date to achieve the water quality goals contained in Virginia's final Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan shall be December 31, 2025.
2020, cc. 1185, 1186.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.8 - Chesapeake Bay Watershed Implementation Plan Initiatives › § 62.1-44.119:1. Effective date

A. The provisions of this chapter shall not become effective unless, on or after July 1, 2028, the Secretary of Agriculture and Forestry and the Secretary of Natural and Historic Resources jointly determine that the Commonwealth's commitments in the Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan have not been satisfied by a combination of (i) agricultural best management conservation practices, including the coverage of a sufficient portion of Chesapeake Bay cropland by nutrient management plans or the installation of a sufficient number of livestock stream exclusion practices, and (ii) other point or nonpoint source pollution reduction commitments.
B. In making the determination required in subsection A, the effective date of the provisions of this chapter shall be extended for a period of one calendar year for each calendar year that the Commonwealth has not fully funded the amount calculated pursuant to § 10.1-2128.1 for effective Soil and Water Conservation District technical assistance and implementation of agricultural best management practices pursuant to § 10.1-546.1 from July 1, 2023, through the end of the biennial period in which the Secretary of Agriculture and Forestry and the Secretary of Natural and Historic Resources have made the joint determination required in subsection A. Nothing in this subsection shall prohibit adding funding to the Virginia Natural Resources Commitment Fund as established in § 10.1-2128.1 in any year from July 1, 2023, to the year the joint determination is made pursuant to subsection A for distribution in another program year in order to achieve full funding.
C. In no case shall the effective date of the provisions of this chapter be extended beyond July 1, 2030, unless sufficient funding for effective Soil and Water Conservation District technical assistance and implementation of agricultural best management practices has not been provided pursuant to § 10.1-2128.1 in any calendar year.
2020, cc. 1185, 1186; 2021, Sp. Sess. I, c. 401; 2023, cc. 735, 736.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.8 - Chesapeake Bay Watershed Implementation Plan Initiatives › § 62.1-44.119:2. Agricultural commitments; work group

The Secretary of Natural and Historic Resources and the Secretary of Agriculture and Forestry shall convene a stakeholder advisory group, hereinafter referred to as the Group, to review annual progress and make recommendations toward the implementation of the Commonwealth's agricultural commitments in the Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan. The Group shall develop (i) a process to assist any operator of 50 or more acres of Chesapeake Bay cropland in developing a nutrient management plan that meets the requirements of the goals to be achieved by the target date and (ii) a plan for the stream exclusion program in the Chesapeake Bay watershed. Such plans and progress reports shall include the number of practices completed by river basin in the prior program year and practices needed to complete the agriculture sector nutrient load reductions, including sediment reductions by river basin, identification of priority regions, the number of operators affected within each region, initiatives to enhance progress, an accounting of funding received toward the agricultural commitments, shortfalls remaining, and the consequences of such funding shortfalls. Such progress reports shall also include specific percentages relating to nutrient management plan and stream exclusion adoption compared to the requirements of the Phase III Watershed Implementation Plan.
2023, cc. 735, 736.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.8 - Chesapeake Bay Watershed Implementation Plan Initiatives › § 62.1-44.119:3. Virginia Natural Resources Commitment Fund reporting requirements

Each soil and water conservation district shall report to the Department of Conservation and Recreation recommendations for improving the disbursement of funding and for program efficiencies that would expedite disbursal of funds provided through the Virginia Natural Resources Commitment Fund established under § 10.1-2128.1.
2023, cc. 735, 736.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.8 - Chesapeake Bay Watershed Implementation Plan Initiatives › § 62.1-44.119:4. Regulatory format on agricultural practices before effective date

Notwithstanding the provisions of this chapter, no regulatory action pursuant to §§ 62.1-44.121 and 62.1-44.123 shall be imposed on agricultural practices prior to July 1, 2028, provided that reasonable progress is being achieved and a detailed plan to include full funding, as provided under subsection C of § 10.1-2128.1, for reaching the needed number of voluntary incentivized practices has been developed.
2023, cc. 735, 736.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.8 - Chesapeake Bay Watershed Implementation Plan Initiatives › § 62.1-44.120. (For contingent effective date, see § 62.1-44.119:1) Definitions

As used in this article, unless the context requires a different meaning:
"Chesapeake Bay cropland" means cropland in the Commonwealth located in the Chesapeake Bay watershed on which fertilizer, manure, sewage sludge, or another compound containing nitrogen or phosphorous is applied. "Chesapeake Bay cropland" does not include lands on which bovines are pastured.
"Department" means the Department of Conservation and Recreation.
"Nutrient management plan" means a plan prepared by a certified nutrient management planner pursuant to § 10.1-104.2 and regulations adopted thereunder.
"Operator" means any person who exercises managerial control over Chesapeake Bay cropland.
2020, cc. 1185, 1186.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.8 - Chesapeake Bay Watershed Implementation Plan Initiatives › § 62.1-44.121. (For contingent effective date, see § 62.1-44.119:1) Chesapeake Bay cropland; nutrient management plans

A. Any operator of 50 or more acres of Chesapeake Bay cropland shall maintain and implement an approved nutrient management plan.
B. The Department shall review any nutrient management plan submitted pursuant to subsection A within 30 days of submission and shall determine whether such nutrient management plan was prepared by a certified nutrient management planner. If the Department determines that such plan was prepared by a certified nutrient management planner, the Department shall approve such plan. An approved nutrient management plan shall be revised and resubmitted for approval to the Department every five years thereafter. If the Department determines that such nutrient management plan was not prepared by a certified nutrient management planner, the Department shall provide to the person who is required to submit the nutrient management plan a list of items required to be corrected, and such person shall have 30 days to resubmit the plan.
C. Any nutrient management plan required pursuant to subsection A shall be made available to the Department upon request.
D. Any information collected by the Department pursuant to subsection B or C is excluded from the mandatory disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
2020, cc. 1185, 1186.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.8 - Chesapeake Bay Watershed Implementation Plan Initiatives › § 62.1-44.122. (For contingent effective date, see § 62.1-44.119:1) Definitions

As used in this article, unless the context requires a different meaning:
"Department" means the Department of Conservation and Recreation.
"Perennial stream" means a body of water depicted as perennial on the most recent U.S. Geological Survey 7-1/2-minute topographic quadrangle map (scale 1:24,000) or identified by a method, established in guidelines approved by the Department, that does not require field verification.
"Stream exclusion practice" means protection of a body of water by fencing, including temporary fencing, or another physical means sufficient to exclude livestock from such body of water. A stream exclusion practice may include designated livestock stream crossings that satisfy criteria established in guidelines adopted by the Department.
2020, cc. 1185, 1186.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.8 - Chesapeake Bay Watershed Implementation Plan Initiatives › § 62.1-44.123. (For contingent effective date, see § 62.1-44.119:1) Bovine livestock stream exclusion

Any person who owns property in the Chesapeake Bay watershed on which 20 or more bovines are pastured shall install and maintain stream exclusion practices sufficient to exclude all such bovines from any perennial stream in the watershed.
2020, cc. 1185, 1186.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5 - Potomac River Basin Commission › § 62.1-64. Authority to execute compact to create Potomac Valley Conservancy District and Interstate Commission on the Potomac River Basin

The Governor is hereby authorized and directed to execute, on behalf of the Commonwealth of Virginia, a compact with the states of Maryland and West Virginia, the Commonwealth of Pennsylvania and the District of Columbia, or with such of the same as shall, by their respective legislative bodies, enact legislation with like provisions to those of this chapter, but not with such of the same as shall not so enact such legislation, which compact shall be in form substantially as set out in § 62.1-65.
Code 1950, § 62-62; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5 - Potomac River Basin Commission › § 62.1-66. Potomac River Basin Commission of Virginia

There is hereby created a Commission of three members to be known as the Potomac River Basin Commission of Virginia, but the Commission shall not come into being unless and until the Governor shall have executed the compact hereinabove authorized.
Code 1950, § 62-64; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5 - Potomac River Basin Commission › § 62.1-67. Appointment, terms and qualifications of members; alternate members

The Commission shall consist of three members as follows: one legislative member of the Commission on Intergovernmental Cooperation who resides in the Potomac River drainage basin, appointed by the Joint Rules Committee; one nonlegislative citizen member at large who resides in the Potomac River drainage basin, appointed by the Governor; and the executive director of the State Water Control Board. Appointments to fill vacancies shall be made for the respective unexpired terms. One of the members shall be designated by the Governor as chairman. The Governor and the Joint Rules Committee shall appoint alternate members for their appointees to the Commission, who shall reside in the Potomac River drainage basin, and each alternate shall have power to act in the absence of the person for whom he is alternate. The legislative member and executive director of the State Water Control Board shall serve terms coincident with their terms of office and the member appointed by the Governor shall serve a term of four years. The terms of each alternate shall run concurrently with the term of the member for whom he is alternate. All members may be reappointed.
Code 1950, § 62-65; 1968, cc. 542, 659; 1979, c. 114; 1981, c. 308; 2006, cc. 516, 556.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5 - Potomac River Basin Commission › § 62.1-68. Expenses of members

The members of the Commission shall be paid their expenses incurred in the performance of their duties as such in such manner and amount as shall be provided in the compact hereinabove authorized to be executed.
Code 1950, § 62-66; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5 - Potomac River Basin Commission › § 62.1-69. Duties of Commission; powers and duties of Water Control Board not affected; dams or structures for production of electric power

The Potomac River Basin Commission of Virginia shall, if and when it shall come into existence as hereinabove provided, act jointly with commissions appointed for a like purpose by the states of West Virginia and Maryland, the Commonwealth of Pennsylvania and the District of Columbia, or by such of the same as shall enter into the compact and with an additional three members to be appointed by the President of the United States, as a unit of the Interstate Commission on the Potomac River Basin which shall be constituted as provided by the compact hereinabove mentioned. The Potomac River Basin Commission of Virginia shall perform such further duties as shall be provided by the compact.
No provision of this chapter or application thereof shall operate to repeal, limit, affect or impair any provision or application of Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1; and no provision of this chapter shall have any effect upon the powers and duties of the State Water Control Board created by Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 and the operation of such Board over the waters of the Commonwealth subject to its jurisdiction. Members of the Potomac River Basin Commission of Virginia are prohibited from voting in favor of any measure before the Interstate Potomac River Basin Commission which might have any effect upon the powers and duties of the State Water Control Board without the consent of such Board first had and obtained. Members of the Potomac River Basin Commission of Virginia are prohibited from voting in favor of the construction, with public funds, of any dam or other structure upon the Potomac River or its tributaries in Virginia, which dam or other structure is used or is capable of being used, directly or indirectly, in whole or in part and whether as a single or multiple purpose, for the production by any government or any agency or instrumentality thereof, of electric power and energy.
Code 1950, § 62-67; 1968, cc. 542, 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.3 - Rappahannock River Basin Commission › § 62.1-69.25. (Effective until January 1, 2024) Definitions

As used in this chapter, unless the context requires a different meaning:
"Rappahannock River Basin" means that land area designated as the Rappahannock River Basin by the State Water Control Board pursuant to § 62.1-44.38 and which is also found in the Fourth, Seventeenth, Twenty-fourth, Twenty-sixth, Twenty-seventh, and Twenty-eighth Senatorial Districts or the Eighteenth, Twenty-eighth, Thirtieth, Thirty-first, Fifty-fourth, Fifty-eighth, Eighty-eighth, Ninety-eighth, and Ninety-ninth House of Delegates Districts, as those districts exist on January 1, 2012.
1998, c. 553; 2000, cc. 386, 456; 2002, cc. 496, 523; 2013, c. 173.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.3 - Rappahannock River Basin Commission › § 62.1-69.25. (Effective January 1, 2024) Definitions

As used in this chapter, unless the context requires a different meaning:
"Rappahannock River Basin" means that land area designated as the Rappahannock River Basin by the State Water Control Board pursuant to § 62.1-44.38 and which is also found in the Fourth, Seventeenth, Twenty-fourth, Twenty-sixth, Twenty-seventh, and Twenty-eighth Senatorial Districts or the Eighteenth, Twenty-eighth, Thirtieth, Thirty-first, Fifty-fourth, Fifty-eighth, Eighty-eighth, Ninety-eighth, and Ninety-ninth House of Delegates Districts, as those districts exist on January 1, 2012.
1998, c. 553; 2000, cc. 386, 456; 2002, cc. 496, 523; 2013, c. 173.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.3 - Rappahannock River Basin Commission › § 62.1-69.26. Rappahannock River Basin Commission; establishment

The Rappahannock River Basin Commission, hereinafter referred to as the "Commission," is hereby created as an independent local entity without political subdivision status, and shall be established upon passage by two-thirds of the Rappahannock River Basin's localities of a resolution that commits them to participate in the Commission as described in this chapter. The resolution shall contain the following language:
"The (jurisdiction's governing body) does hereby agree to become a member of and participate in the Rappahannock River Basin Commission as described in Chapter 553 of the Acts of Assembly of 1998."
1998, c. 553; 2000, cc. 386, 456; 2004, c. 471.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.3 - Rappahannock River Basin Commission › § 62.1-69.27. Commission purposes and mission

The Commission's purposes and mission shall be to provide guidance for the stewardship and enhancement of the water quality and natural resources of the Rappahannock River Basin. The Commission shall be a forum in which local governments and citizens can discuss issues affecting the Basin's water quality and quantity and other natural resources. Through promoting communication, coordination and education, and by suggesting appropriate solutions to identified problems, the Commission shall promote activities by local, state and federal governments, and by individuals, that foster resource stewardship for the environmental and economic health of the Basin.
1998, c. 553; 2000, cc. 386, 456.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.3 - Rappahannock River Basin Commission › § 62.1-69.28. Rappahannock River Basin Commission powers

A. The Commission shall have no regulatory authority.
B. To carry out its purposes and mission, the Commission shall have the power to:
1. Communicate, including through legislative recommendations, Commission views to local, state and federal legislative and administrative bodies, and to others as it deems necessary and appropriate.
2. Undertake studies and prepare, publish and disseminate information in reports and in other forms related to the water quality and natural resources of the Basin and to further its purposes and mission.
3. Enter into contracts and execute all instruments necessary or appropriate.
4. Perform any lawful acts necessary or appropriate.
5. Establish a nonprofit corporation as an instrumentality to assist in the details of administering its affairs and in raising funds.
6. Seek, apply for, accept and expend gifts, grants and donations, services and other aids, from public or private sources. Other than those from member jurisdictions and those appropriated by the General Assembly, funds may be accepted by the Commission only after an affirmative vote by the Commission or by following such other procedure as may be established by the Commission for the conduct of its business.
7. Establish balanced advisory committees that may include representation from agricultural, environmental, resources-based, industrial, recreational, riparian landowner, development, educational and other interests as it deems necessary and appropriate.
8. Develop rules and procedures for the conduct of its business or necessary to carry out its purposes and mission, including, but not limited to, selecting a chair and vice-chairs, rotating chairmanships, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this subdivision shall be effective upon an affirmative vote by a majority of the Commission members.
1998, c. 553; 2000, cc. 386, 456.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.3 - Rappahannock River Basin Commission › § 62.1-69.29. (Effective until January 1, 2024) Membership; terms; vacancies

The membership of the Commission shall consist of 32 members, which includes 15 legislative members and 17 nonlegislative citizen members, to be appointed as follows: nine members of the House of Delegates, one member each of the Eighteenth, Twenty-eighth, Thirtieth, Thirty-first, Fifty-fourth, Fifty-eighth, Eighty-eighth, Ninety-eighth, and Ninety-ninth House of Delegates Districts, as those districts existed on January 1, 2012; six members of the Senate, one member each of the Fourth, Seventeenth, Twenty-fourth, Twenty-sixth, Twenty-seventh, and Twenty-eighth Senatorial Districts, as those districts existed on January 1, 2012; one member or designee of each of the 16 governing bodies of the jurisdictions in which not less than two percent of the jurisdiction is found wholly or partially within the Rappahannock River Basin, that at any time pass a resolution containing the language required by § 62.1-69.26, to be appointed by the respective local governing body; and one member or designee of a Soil and Water Conservation District found wholly or partially within the Rappahannock River Basin, to be appointed jointly by the Soil and Water Conservation Districts found wholly or partially within the Rappahannock River Basin. Nonlegislative citizen members of the Commission shall be citizens of the Commonwealth of Virginia.
All members of the Commission shall serve terms coincident with their terms of office. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. Vacancies shall be filled in the same manner as the original appointments.
For the purposes of this section, "nonlegislative citizen member" means a member of one of the local governing bodies or the Soil and Water Conservation Districts of the jurisdictions found wholly or partially within the Rappahannock River Basin.
1998, c. 553; 2000, cc. 386, 456; 2004, c. 471; 2009, c. 601; 2013, c. 173.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.3 - Rappahannock River Basin Commission › § 62.1-69.29. (Effective January 1, 2024) Membership; terms; vacancies

The membership of the Commission shall consist of 32 members, which includes 15 legislative members and 17 nonlegislative citizen members, to be appointed as follows: nine members of the House of Delegates, one member each of the Eighteenth, Twenty-eighth, Thirtieth, Thirty-first, Fifty-fourth, Fifty-eighth, Eighty-eighth, Ninety-eighth, and Ninety-ninth House of Delegates Districts, as those districts existed on January 1, 2012; six members of the Senate, one member each of the Fourth, Seventeenth, Twenty-fourth, Twenty-sixth, Twenty-seventh, and Twenty-eighth Senatorial Districts, as those districts existed on January 1, 2012; one member or designee of each of the 16 governing bodies of the jurisdictions in which not less than two percent of the jurisdiction is found wholly or partially within the Rappahannock River Basin, that at any time pass a resolution containing the language required by § 62.1-69.26, to be appointed by the respective local governing body; and one member or designee of a Soil and Water Conservation District found wholly or partially within the Rappahannock River Basin, to be appointed jointly by the Soil and Water Conservation Districts found wholly or partially within the Rappahannock River Basin. Nonlegislative citizen members of the Commission shall be citizens of the Commonwealth of Virginia.
All members of the Commission shall serve terms coincident with their terms of office. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. Vacancies shall be filled in the same manner as the original appointments.
For the purposes of this section, "nonlegislative citizen member" means a member of one of the local governing bodies or the Soil and Water Conservation Districts of the jurisdictions found wholly or partially within the Rappahannock River Basin.
1998, c. 553; 2000, cc. 386, 456; 2004, c. 471; 2009, c. 601; 2013, c. 173.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.3 - Rappahannock River Basin Commission › § 62.1-69.30. (Effective until January 1, 2024) Chairman and vice-chairman; quorum; meetings

The Commission shall elect a chairman and vice-chairman from among its membership. Eleven members of the Commission shall constitute a quorum. The Commission shall meet no more than four times each year. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the members so request. Each member of the Commission shall have an equal vote.
1998, c. 553; 2000, cc. 386, 456; 2004, c. 471; 2013, c. 173.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.3 - Rappahannock River Basin Commission › § 62.1-69.30. (Effective January 1, 2024) Chairman and vice-chairman; quorum; meetings

The Commission shall elect a chairman and vice-chairman from among its membership. Eleven members of the Commission shall constitute a quorum. The Commission shall meet no more than four times each year. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the members so request. Each member of the Commission shall have an equal vote.
1998, c. 553; 2000, cc. 386, 456; 2004, c. 471; 2013, c. 173.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 5.3 - Rappahannock River Basin Commission › § 62.1-69.31. Staffing and support

The local governing bodies and Planning District Commissions found wholly or partially in the Rappahannock River Basin shall provide staff support for the Commission as the localities determine appropriate. Additional staff support may be hired or contracted for by the Commission through funds raised by or provided to it. The Commission is authorized to determine the duties of such staff and fix staff compensation within available resources.
All agencies of the Commonwealth shall cooperate with the Commission and, upon request, shall assist the Commission in fulfilling its purposes and mission. The Secretary of Natural and Historic Resources or his designee shall act as the chief liaison between the administrative agencies and the Commission.
1998, c. 553; 2000, cc. 386, 456; 2021, Sp. Sess. I, c. 401.