reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-636. Definitions

As used in this article, unless the context requires a different meaning:
"Board" means the Virginia Soil and Water Conservation Board.
"Facility" means any structures, foundations, appurtenances, spillways, lands, easements and rights-of-way necessary to (i) store additional water for immediate or future use in feasible flood prevention sites; (ii) create the potential to store additional water by strengthening the foundations and appurtenances of structures in feasible flood prevention sites; or (iii) store water in sites not feasible for flood prevention programs, and to properly operate and maintain such stores of water or potential stores of water.
"Fund" or "revolving fund" means the Conservation, Small Watersheds Flood Control and Area Development Fund.
"Storing additional water in feasible flood prevention sites" means storage of water for other than flood prevention purposes above the capacity of any given structure to hold water for the purpose of flood prevention in flood prevention sites within a flood prevention project having a favorable benefit-cost ratio where it is economically feasible to provide the capacity to store additional water or the potential for additional water storage capacity.
1970, c. 591, § 21-11.2; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-637. Fund continued; administrative control

The "Conservation, Small Watersheds Flood Control and Area Development Fund," is continued and shall be administered and used as hereinafter provided. The revolving fund shall also consist of any moneys appropriated by the General Assembly.
The administrative control of the fund and the responsibility for the administration of the provisions of this article are hereby vested in the Virginia Soil and Water Conservation Board. The Board is authorized to establish guidelines for the proper administration of the fund and the provisions of this article.
1970, c. 591, §§ 21-11.1, 21-11.4; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-639. Conditions for making loan

The Board shall authorize the making of a loan under the provisions of § 10.1-638 A only when the following conditions exist:
1. An application for the loan has been submitted by the borrower in the manner and form specified by the Board, setting forth in detail the need for the storage of water, the amount of the loan requested and the use to which the loan shall be applied as well as any efforts made to secure funds from any other source, and such other information required by the Board. The application shall be first submitted to the soil and water conservation district or districts encompassing the watershed wherein the proceeds of the loan would be applied. When the application is approved by the district or districts, the application shall be forwarded to the Board.
2. The borrower agrees and furnishes assurance, satisfactory to the Board, that it will satisfactorily maintain any structure financed in whole or in part through the loans provided by this article.
3. The purpose for which the loan is sought is to acquire land, easements and rights-of-way, or engineering or legal services necessary for a water storage facility or project, or to construct the water storage facility itself.
If the requested loan or any part thereof is for the purpose of acquiring land, easements and rights-of-way, then the loan or part thereof designated for such purpose shall not be granted in the absence of evidence satisfactory to the Board that the borrower requesting the loan will in fact acquire the land, easements or rights-of-way if the loan is granted.
1970, c. 591, § 21-11.5; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-640. Political subdivisions may borrow from other sources

Any entity eligible under § 10.1-638 A may borrow funds as provided in this article before, simultaneously, or after borrowing funds from other sources for the same purpose for which funds are borrowed under the provisions of this article.
1970, c. 591, § 21-11.11; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-641. Powers of Board in aid of the provisions of § 10.1-638

The Board shall have the following powers to effectuate the provisions of § 10.1-638 B:
1. To expend funds from the revolving fund for field surveys and investigations, notwithstanding the possibility that the Board may subsequently determine that the proposed investment is not feasible.
2. To make and execute contracts and other instruments necessary or convenient to the construction, improvement, operation and maintenance of facilities.
3. To make agreements with and act as agent for the United States, or any of its agencies, or for this Commonwealth or any of its agencies, or any local government in connection with the acquisition, construction, maintenance, operation, or administration of any project in which the Board has invested funds; to accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this Commonwealth or any of its agencies or from any other source; and to use or expend such moneys, services, materials, or other contributions in carrying on its investment function.
4. To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein, and improve any properties acquired.
1970, c. 591, § 21-11.13; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-642. Record of applications for loans and action taken

A record of each application for a loan pursuant to § 10.1-639 received by the Board and the action taken thereon shall be open to public inspection at the office of the Board.
1970, c. 591, § 21-11.8; 1988, c. 891; 2007, c. 637.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-643. Period of loan; interest rate; loan shall constitute a lien

Any loan made pursuant to the provisions of § 10.1-638 A may be made for any period not to exceed twenty years and shall bear interest at the rate of one percent annually for the first ten years or until such time as water stored under the provisions of this article is used by the borrower for the purpose stated in the application for the loan, if such use occurs within the first ten years. Interest on the loan for the second ten-year period plus the balance of the first ten-year period during which water was used, if any, shall bear interest at a rate set jointly by the Board and the State Treasury Board. Such interest rate shall conform as nearly as possible to the interest on bonds sold for water development or similar purposes within the Commonwealth within the last six months prior to setting such interest rate, taking into consideration any fluctuations of the money market which may have occurred subsequent to the last sale of such bonds within the six-month period. If no such bonds have been sold within the six-month period, the interest rate shall be set to conform as nearly as possible with the rate charged by the commercial money market for such or similar purposes. However, when the attendant facilities, such as but not limited to a filtration plant, pumping station, and pipelines, necessary for the use of the water stored cost the borrower more than $100,000, interest on the loan for the second ten-year period or the ten-year period plus the balance of the first ten-year period during which water was used, if any, shall be at the rate of three percent annually. Any borrower receiving a loan under the provisions of this article shall agree to repay the loan in equal annual installments of principal together with interest at the applicable rate on the unpaid balance of the loan. Payments of interest and principal shall be made to the State Treasurer and credited to the revolving fund, and evidence of debt taken for such loan shall be deposited with the State Treasurer and kept by him. Whenever a loan is made in accordance with the provisions of this article, a lien is hereby created against all of the funds and income of the borrower, as well as upon any real or personal property acquired with loan proceeds. Prepayment of the principal of any such loan, in whole or in part, may be made by the borrower without penalty; however, the borrower shall be liable for interest accrued on the principal at the time of prepayment.
1970, c. 591, § 21-11.6; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-644. Recovery of money due to fund

If a borrower defaults on any payment due the State Treasurer pursuant to § 10.1-643 or on any other obligation incurred pursuant to the provisions of this article, the amounts owed to the fund by the borrower may be recovered by the State Comptroller transferring to the revolving fund the amount of the payment due to the revolving fund from the distribution of state funds to which the defaulting borrower may be entitled pursuant to any state law; or, any money which ought to be paid into the revolving fund may be recoverable with interest by the Commonwealth, in the name of the Board, on motion in the Circuit Court of the City of Richmond. The Attorney General shall institute and prosecute such proceedings after a request for such action has been made by the Board.
1970, c. 591, § 21-11.7; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-645. Limits on expenditures authorized under § 10.1-638 B; sale of resulting facilities; sale of stored water; renting facilities

Expenditures by the Board for any one facility under the provisions of § 10.1-638 B shall not exceed $500,000 without the written approval of the Governor for construction and seeding, acquisition of land, easements, and rights-of-way, engineering costs, appraisal costs, legal services, and other costs related to the facility. The Board is authorized to sell any facility resulting from an expenditure authorized by § 10.1-638 B to any entity to whom a loan could be made pursuant to the provisions of § 10.1-638 A under the terms and conditions prescribed hereinafter. Conveyances of any such facilities shall be executed by the chairman of the Board acting pursuant to a resolution of the Board and shall be approved by the Governor and Attorney General as to form and substance. Upon the transfer of title of such facilities, the purchasing entity shall grant an easement or right-of-way to the appropriate soil and water conservation district to assure the continued operation, inspection and repair of the works of improvement on the land sold, and in all cases, the purchasing entity shall agree to maintain the facility in a satisfactory manner. The Board may contract with an entity eligible to borrow from the revolving fund pursuant to § 10.1-638 A, for the sale of water stored at facilities constructed by expenditures pursuant to § 10.1-638 B. However, it is not the intent of this article to provide a means whereby the Commonwealth shall store and sell water to such entities; therefore, unless extenuating circumstances prevail, such contract shall be entered into with the understanding that such entities shall acquire the rights of the Board in the water storage facility by a future date agreeable to the Board and entity. The Board may lease such facilities to any agency or entity of government, corporation, organization or individual for recreational purposes or any other uses which will not impair the facilities' value for future water supply. Proceeds from the sale of stored water or sale or rental of such facilities shall be placed in the revolving fund.
1970, c. 591, § 21-11.9; 1972, c. 821; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-646. Purchase price and terms of sales authorized by § 10.1-645

When an entity, as the term is used in § 10.1-645, agrees to purchase a facility and the rights incident thereto resulting from the storing of additional water in feasible flood prevention sites or the strengthening of foundations and appurtenances of feasible flood prevention sites in which the Board has invested pursuant to § 10.1-638 B, the purchase price shall be the total expenditure from the revolving fund by the Board for such facility plus a surcharge of three percent annually on all funds expended for the facility, other than funds expended pursuant to § 10.1-638 C, from the date of expenditure to the date of purchase by the purchasing entity.
With the approval of the Board, the purchasing entity may finance the purchase price, or any portion thereof, of the facility under the terms and conditions of §§ 10.1-638 A and 10.1-643, and the provisions of §§ 10.1-643 and 10.1-644 shall apply, mutatis mutandis, to such financing. If a purchasing entity finances the purchase of a facility as hereinabove provided, such purchasing entity shall not be precluded from applying for a loan authorized by § 10.1-638 A to the limit imposed by that section to complete any facility purchased to store additional water.
1970, c. 591, § 21-11.10; 1972, c. 821; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-647. Disposition of facilities financed under article when part of debt remains outstanding

No facility financed from the revolving fund under the provisions of this article, in whole or in part, shall be sold by an entity when any portion of the debt owed to the revolving fund remains unpaid. However, if the purchaser is an entity having the taxing power, then such sale may be made even though all or a portion of the debt to the revolving fund remains unpaid, if the purchasing entity agrees to assume the obligation to repay the outstanding debt and all interest thereon. If such sale is approved by the Board, then the purchasing entity shall be solely liable for the obligations undertaken by the principal debtor, and the principal debtor shall be released therefrom.
1970, c. 591, § 21-11.12; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-649. Sale to Board of property and rights-of-way acquired by condemnation

For the purpose of § 10.1-638 B the Board is authorized to purchase property and rights-of-way condemned for maintaining, protecting, or providing supplies of water and for water storage purposes under §§ 15.2-1904, 15.2-1907, 15.2-5114, and 21-118 and the condemnor is authorized to sell any such property or rights-of-way to the Board.
1970, c. 591, § 21-11.15; 1988, c. 891; 2003, c. 940.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-650. Definitions

As used in this article, unless the context clearly requires a different meaning:
"Continual accelerated erosion" means a rapid increase in the erosion rate of stream banks caused by loss of vegetation, diversion of water by constrictions, undermining, and other resultant effects of severe floods.
"Natural streams" means nontidal waterways which are part of the natural topography. They usually maintain a continuous or seasonal flow during the year and are characterized as being irregular in cross-section with a meandering course. Constructed channels such as drainage ditches or swales shall not be considered natural streams.
"Program" means the Stream Restoration Assistance Program.
"Stream restoration" means any combination of structural and vegetative measures which may be taken to restore, stabilize, and protect a natural stream which has been damaged by severe flooding and is consequently subject to continual accelerated erosion or other detrimental effects. The term shall also include measures to return stream flow to its original channel in cases where the stream course has been changed as a result of flooding.
1981, c. 450, § 21-11.23; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-651. Establishment and administration of Program

The Stream Restoration Assistance Program is continued to protect the natural streams of the Commonwealth. The Program shall aid in the stabilization and protection of natural streams which have been severely damaged by naturally occurring flooding events. The Program shall be administered by the Virginia Soil and Water Conservation Board in cooperation with soil and water conservation districts and local governments throughout the Commonwealth. To assist in the development of the Program, the Board shall seek the advisory opinion of the State Water Control Board and the Department of Wildlife Resources.
1981, c. 450, § 21-11.22; 1988, c. 891; 2020, c. 958.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-652. Program applicability

The Stream Restoration Assistance Program shall apply only to natural nontidal streams which have been damaged as a result of naturally occurring flooding events. Streams which have been damaged by land-disturbing activities, vehicular traffic, or other human causes shall not be eligible for assistance under the Program.
1981, c. 450, § 21-11.24; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-653. Application for assistance

Landowners who wish to receive assistance under the Program shall apply to the Virginia Soil and Water Conservation Board. The Board shall provide copies of the applications to the chairmen of the soil and water districts, where applicable, and the local governing bodies having jurisdiction in the area where the damage has occurred.
1981, c. 450, § 21-11.25; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-654. Damage inspections and reports

A. Upon receipt of an application for assistance, the Board shall schedule a field inspection of the affected stream segment to determine the extent of damages. Such field inspections should be scheduled and coordinated so that affected landowners and appropriate conservation districts and local government officials can participate.
B. Following the field inspection, the Board shall prepare an inspection report which includes a recommendation concerning the extent to which the Commonwealth should assist the applicant in restoring the stream.
C. Draft copies of the inspection report shall be submitted to the applicant, persons who attended the field inspection, and chairmen of conservation districts and local governing bodies having jurisdiction in the area where the damage has occurred. These persons shall be given forty-five days to submit written comments and recommendations concerning the report. The final report shall contain copies of all written comments and recommendations received.
1981, c. 450, § 21-11.26; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-655. Types of assistance

Upon approval of an application for assistance, the Board may provide technical and financial assistance to the applicant according to the following guidelines:
1. The Board shall maintain a technical staff to recommend stream restoration measures, to estimate costs, and to prepare engineering plans and specifications which may be used to implement such measures. The actual preparation of plans and specifications shall not be undertaken until the applicant certifies that adequate funding is available, and that the plans will be implemented within one year after all necessary permits are obtained.
2. Financial assistance may be provided to applicants to the extent that funds for that purpose are available to the Board. In no case shall such assistance exceed fifty percent of the total cost of construction. Funds shall not be disbursed until the Board has made a final inspection and has determined that all work is adequately completed in accordance with the plans and specifications.
3. To receive financial assistance, applicants must certify that they have explored and exhausted all other possible funding sources. In cases where a national disaster area has been declared, no funding shall be provided under the Program until it is determined to what extent the federal government will participate in stream restoration along the segments under consideration.
When requests for financial assistance exceed available resources, the Board shall set priorities and allocate funds as it deems appropriate to accomplish the maximum benefit.
1981, c. 450, § 21-11.28; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-656. Board action on assistance requests

The Board shall consider requests for technical and financial assistance from landowners whose property borders on or contains natural streams which have been damaged by flooding. Upon consideration of the application, inspection report, and any other relevant information, the Board shall determine whether or not assistance shall be provided, and the type and extent of assistance to be provided. In making such determinations, the Board shall consider the potential for continual accelerated erosion of the stream banks in the future and other possible detrimental effects to the stream which may result if no corrective measures are undertaken. In cases where it is determined that there is not likely to be accelerated stream bank erosion or other significant detrimental effects in the future, the assistance request shall not be approved.
1981, c. 450, § 21-11.27; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-657. Account established

An account designated as the Stream Restoration Account shall be established to provide grants to landowners who make requests under the Stream Restoration Assistance Programs. The Board may seek money from federal and private sources to establish and maintain the Stream Restoration Fund.
1981, c. 450, § 21-11.29; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-658. State interest in resilience and flood control

A. The General Assembly declares that storm events and rising tidal waters cause recurrent flooding of Virginia's land resources and result in the loss of life, damage to property, unsafe and unsanitary conditions and the disruption of commerce and government services, placing at risk the health, safety and welfare of those citizens living in flood-prone areas of the Commonwealth. Flood waters disregard jurisdictional boundaries, and the public interest requires the management of flood-prone areas in a manner which prevents injuries to persons, damage to property and pollution of state waters.
B. The General Assembly supports and encourages those measures which prevent, mitigate, and alleviate the effects of sea level rise, stormwater surges, and all causes of recurrent flooding and declares that the expenditure of public funds and any obligations incurred in the development of flood control and other civil works projects, the benefits of which may accrue to any county, municipality, or region in the Commonwealth, are necessary expenses of local and state government. The General Assembly shall prioritize measures that use community-scale and regional-scale planning, protect and enhance natural and nature-based approaches, address socioeconomic inequities, and enhance equity through flood resilience and preparedness.
C. The General Assembly supports and encourages flood resilience through implementation of the Virginia Coastal Resilience Master Plan and implementation of the Virginia Flood Protection Master Plan developed pursuant to § 10.1-602.
D. The Department shall be responsible for the implementation of the Virginia Coastal Resilience Master Plan and Virginia Flood Protection Master Plan and shall serve as the lead administrator.
E. The Virginia Coastal Resilience Master Plan shall be updated at least every five years; shall, at a minimum, be a place-specific plan for mitigating severe and repetitive flooding; and shall, at a minimum, (i) base decision making on the best-available science; (ii) identify and address socioeconomic inequities and strive to enhance equity through the adaptation and protection measures by considering all areas of recurrent flooding; (iii) recognize the importance of protecting and enhancing natural infrastructure and nature-based approaches to flood mitigation, when possible; (iv) utilize community and regional scale planning to the maximum extent possible, seeking region-specific approaches tailored to the needs of individual communities; and (v) include an understanding of fiscal realities and focus on cost-effective solutions for the protection and adaptation of communities, businesses, and critical infrastructure.
1989, cc. 468, 497; 2020, c. 493; 2022, cc. 494, 495.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 6 - Flood Protection and Dam Safety › § 10.1-660. Coastal resilience policy; research university collaborative

The Secretary of Natural and Historic Resources (the Secretary) and all relevant agencies, when setting coastal resilience policies, may seek input and consultation from the Commonwealth's research university collaborative, including the Virginia Coastal Policy Center, Virginia Sea Grant, Virginia Cooperative Extension, and the Institute for Coastal Adaptation and Resilience. The Secretary and all relevant agencies may utilize such research university collaborative's expertise, research, and data analysis for the implementation of water management techniques and coastal resilience strategies.
2023 c. 807.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-700. Definition

As used in this article, the term "shore erosion" means the process of destruction by the action of water, wind, or ice of the land bordering any body of water including all rivers and the tidal waters of the Commonwealth.
1972, c. 855, § 21-11.17; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-701. Duties of Department

The Department shall have the duty to:
1. Coordinate shore erosion control programs of all state agencies and institutions to implement practical solutions to shoreline erosion problems; however, such coordination shall not restrict the statutory authority of the individual agencies having responsibilities relating to shore erosion control;
2. Secure the cooperation and assistance of the United States and any of its agencies to protect waterfront property from destructive shore erosion;
3. Evaluate the effectiveness and practicability of current shore erosion control programs; and
4. Explore all facets of the problems and alternative solutions to determine if other practical and economical methods and practices may be devised to control shore erosion.
1972, c. 855, § 21-11.18; 1980, c. 368; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-702. Shore Erosion Advisory Service

The Department is authorized to assist in carrying out the coordination responsibility of shore erosion control programs as herein assigned, and to establish a Shoreline Erosion Advisory Service.
1972, c. 855, § 21-11.19; 1980, c. 368; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-703. Cooperation and coordination with Virginia Institute of Marine Science

The Department shall cooperate and coordinate with the Virginia Institute of Marine Science of The College of William and Mary in Virginia for research, training and technical advice on erosion-related problems.
1980, c. 368, § 21-11.20; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-704. Use of dredged material for beach nourishment; priority

The beaches of the Commonwealth shall be given priority consideration as sites for the disposal of that portion of dredged material determined to be suitable for beach nourishment. The Secretary of Natural and Historic Resources shall have the responsibility of determining whether the dredged material is suitable for beach nourishment.
1987, cc. 220, 231, § 21-11.16:1; 1988, c. 891; 2021, Sp. Sess. I, c. 401.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-705. Definitions

As used in this article, unless the context requires a different meaning:
"Agency of this Commonwealth" includes the government of this Commonwealth and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this Commonwealth.
"Board" means the Board of Conservation and Recreation.
"Develop" or "development" means the replenishment and restoration of existing public beaches.
"Erosion" means the process of destruction by the action of wind, water, or ice of the land bordering the tidal waters of the Commonwealth.
"Government" or "governmental" includes the government of this Commonwealth, the government of the United States, and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them.
"Locality" means a county, city or town.
"Program" means the provisions of the Public Beach Conservation and Development Act.
"Public beach" means a sandy beach located on a tidal shoreline suitable for bathing in a county, city or town and open to indefinite public use.
"Reach" means a shoreline segment wherein there is mutual interaction of the forces of erosion, sediment transport and accretion.
"United States" or "agencies of the United States" includes the United States of America, the United States Department of Agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.
1980, c. 428, § 10-217; 1984, c. 750; 1985, c. 448; 1988, c. 891; 2003, cc. 79, 89.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-706. Duties of the Department

The Department shall:
1. Promote understanding of the value of public beaches and the causes and effects of erosion;
2. Make available information concerning erosion of public beaches;
3. Encourage research and development of new erosion control techniques and new sources of sand for public beach enhancement.
1980, c. 428, § 10-216; 1984, c. 235; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-707. Board duties; allocation of funds

A. The Board shall (i) review the financial needs of localities for implementation of this article; (ii) determine successful applicants; (iii) determine the equitable allocation of funds among participating localities except for allocations provided for in the current general appropriations act; and (iv) oversee local implementation of approved projects.
B. The Department shall provide the Board with staff assistance and shall maintain necessary financial records.
1980, c. 428, § 10-218; 1984, cc. 739, 750; 1985, c. 448; 1986, c. 152; 1988, c. 891; 1989, cc. 656, 660; 2003, cc. 79, 89.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-708. Relationship of Board and Director; guidelines

The Board shall be responsible for the allocation of the grant fund established in § 10.1-709. The Board shall submit the names of recipient localities to the Director and the Director shall disburse funds to designated localities. The Board may establish guidelines governing application procedures, allocations or implementation standards.
1980, c. 428, § 10-219; 1984, c. 750; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-709. Establishment of fund; unexpended money

A. A special fund to be known as the Public Beach Maintenance and Development Fund shall be established to provide grants to local governments covering up to one-half of the costs of erosion abatement measures designed to conserve, protect, improve, maintain and develop public beaches. No grants to any locality shall exceed 30 percent of the money appropriated to such fund for the biennium unless otherwise provided for in the current general appropriations act. Money appropriated from such fund shall be matched equally by local funds. Federal funds shall not be used by localities to match money given from the fund. Localities may, however, combine state and local funds to match federal funds for purposes of securing federal grants. Interest earned or moneys received by the Fund shall remain in the Fund and be credited to it. Any money remaining in the Fund at the close of the first fiscal year of a biennium shall not revert to the general fund and shall be reappropriated and allotted.
B. Up to $250,000 per year of the money deposited to the Fund including interest accrued may be used for the Board's administrative and operating expenses including but not limited to expenses of the Board and its members, and expenses related to duties outlined in §§ 10.1-701, 10.1-702, 10.1-703, 10.1-706, and 10.1-707. All such expenditures shall be subject to approval by the Board.
C. Money that remains unobligated by the Board from the fund at the end of the biennium for which it was appropriated shall be retained and shall become a Special Emergency Assistance Fund to be used at the discretion of the Governor for the emergency conservation and development of public beaches damaged or destroyed by an unusually severe storm, hurricane or other natural disaster.
1980, c. 428, § 10-220; 1982, c. 329; 1986, c. 152; 1988, c. 891; 2003, cc. 79, 89.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-710. Guidelines for allocation of grant funds

The Board shall consider the following when selecting localities for program participation and in determining grant allocations:
1. Present and future beach ownership;
2. Erosion caused by public navigational works;
3. Intensity of use;
4. Availability of public beaches in the vicinity;
5. Evidence of a locality's ability and willingness to develop a long-term capacity to combat erosion;
6. Rate of erosion;
7. Actions of a locality which lead to, or may result in, the erosion of beaches; and
8. Such other matters as the Board shall deem sufficient for consideration.
1980, c. 428, § 10-221; 1984, c. 235; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 7 - Shoreline Erosion and Public Beach Preservation › § 10.1-711. Local erosion advisory commissions

In order to qualify for the program, localities shall establish local erosion advisory commissions which shall determine local erosion problems, review the locality's erosion control projects, suggest strategies for the future, and assess program implementation.
1980, c. 428, § 10-222; 1984, c. 235; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 10 - Cave Protection Act › § 10.1-1000. Definitions

As used in this chapter, unless the context requires a different meaning:
"Board" means the Cave Board.
"Cave" means any naturally occurring void, cavity, recess, or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems, but not including any mine, tunnel, aqueduct, or other man-made excavation, which is large enough to permit a person to enter. The word "cave" includes or is synonymous with cavern, sinkhole, natural pit, grotto, and rock shelter.
"Cave life" means any rare or endangered animal or other life form which normally occurs in, uses, visits, or inhabits any cave or subterranean water system.
"Commercial cave" means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry.
"Gate" means any structure or device located to limit or prohibit access or entry to any cave.
"Material" means all or any part of any archaeological, paleontological, biological, or historical item including, but not limited to, any petroglyph, pictograph, basketry, human remains, tool, beads, pottery, projectile point, remains of historical mining activity or any other occupation found in any cave.
"Owner" means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land, and including the Commonwealth and any of its agencies, departments, boards, bureaus, commissions, or authorities, as well as counties, municipalities, and other political subdivisions of the Commonwealth.
"Person" means any individual, partnership, firm, association, trust, or corporation or other legal entity.
"Sinkhole" means a closed topographic depression or basin, generally draining underground, including, but not restricted to, a doline, uvala, blind valley, or sink.
"Speleogen" means an erosional feature of the cave boundary and includes or is synonymous with anastomoses, scallops, rills, flutes, spongework, and pendants.
"Speleothem" means a natural mineral formation or deposit occurring in a cave. This includes or is synonymous with stalagmite, stalactite, helectite, shield, anthodite, gypsum flower and needle, angel's hair, soda straw, drapery, bacon, cave pearl, popcorn (coral), rimstone dam, column, palette, flowstone, et cetera. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite, and other similar minerals.
1979, c. 252, § 10-150.12; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 10 - Cave Protection Act › § 10.1-1001. Cave Board; qualifications; officers

A. The Cave Board is continued within the Department of Conservation and Recreation and shall consist of the Director of the Department of Historic Resources, or his designee, serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four-year terms. Appointments shall be made on the basis of activity and knowledge in the conservation, exploration, study and management of caves.
B. The Cave Board shall meet at least three times a year. Six members shall constitute a quorum for the transaction of business. The Board shall annually elect a chairman, vice-chairman and recording secretary and such other officers as the Board deems necessary.
1979, c. 433, §§ 9-152.1, 9-152.2; 1980, c. 745; 1984, c. 750; 1985, c. 448; 1988, c. 891; 1989, c. 656.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 10 - Cave Protection Act › § 10.1-1002. Powers and duties of Cave Board

A. The Cave Board may perform all tasks necessary to carry out the purposes of this chapter, including the following:
1. Accept any gift, money, security or other source of funding and expend such funds to effectuate the purposes of this chapter.
2. Serve as an advisory board to any requesting state agency on matters relating to caves and karst.
3. Conduct and maintain an inventory of publicly owned caves in Virginia.
4. Provide cave management expertise and service to requesting public agencies and cave owners.
5. Maintain a current list of all significant caves in Virginia and report any real and present danger to such caves.
6. Provide cave data for use by state and other governmental agencies.
7. Publish or assist in publishing articles, pamphlets, brochures or books on caves and cave-related concerns.
8. Facilitate data gathering and research efforts on caves.
9. Advise civil defense authorities on the present and future use of Virginia caves in civil defense.
10. Advise on the need for and desirability of a state cave recreation plan.
11. Inform the public about the value of cave resources and the importance of preserving them for the citizens of the Commonwealth.
B. The Cave Board shall have the duty to:
1. Protect the rare, unique and irreplaceable minerals and archaeological resources found in caves.
2. Protect and maintain cave life.
3. Protect the ground water flow which naturally occurs in caves from water pollution.
4. Protect the integrity of caves that have unique characteristics or are exemplary natural community types.
5. Make recommendations to interested state agencies concerning any proposed rule, regulation or administrative policy which directly affects the use and conservation of caves in this Commonwealth.
6. Study any matters of special concern relating to caves and karst.
1979, c. 252, § 10-150.11; 1979, c. 433, §§ 9-152.1, 9-152.3 to 9-152.5; 1980, c. 745; 1984, cc. 734, 750; 1985, c. 448; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 10 - Cave Protection Act › § 10.1-1003. Permits for excavation and scientific investigation; how obtained; penalties

A. In addition to the written permission of the owner required by § 10.1-1004 a permit shall be obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological, paleontological, prehistoric, or historic feature of any cave. The Department shall issue a permit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section. The permit shall be issued for a period of two years and may be renewed upon expiration. Such permit shall not be transferable; however, the provisions of this section shall not preclude any person from working under the direct supervision of the permittee.
B. All field investigations, explorations, or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic, scientific, archaeologic, and educational information may be recovered and preserved in addition to the physical recovery of objects.
C. A person applying for a permit pursuant to this section shall:
1. Be a historic, scientific, or educational institution, or a professional or amateur historian, biologist, archaeologist or paleontologist, who is qualified and recognized in these areas of field investigations.
2. Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work.
3. Provide data and results of any completed excavation, study, or collection at the first of each calendar year.
4. Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned land.
5. Carry the permit while exercising the privileges granted.
D. Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class 1 misdemeanor. Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor, and the permit shall be revoked.
E. The provisions of this section shall not apply to any person in any cave located on his own property.
1979, c. 252, § 10-150.16; 1982, c. 81; 1984, c. 750; 1988, c. 891; 1989, c. 656.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 10 - Cave Protection Act › § 10.1-1004. Vandalism; penalties

A. It shall be unlawful for any person, without express, prior, written permission of the owner, to:
1. Break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural material which may be found therein, whether attached or broken, including speleothems, speleogens, and sedimentary deposits. The provisions of this section shall not prohibit minimal disturbance for scientific exploration.
2. Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained.
3. Remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this chapter.
4. Excavate, remove, destroy, injure, deface, or in any manner disturb any burial grounds, historic or prehistoric resources, archaeological or paleontological site or any part thereof, including relics, inscriptions, saltpeter workings, fossils, bones, remains of historical human activity, or any other such features which may be found in any cave, except those caves owned by the Commonwealth or designated as Commonwealth archaeological sites or zones, and which are subject to the provisions of the Virginia Antiquities Act (§ 10.1-2300 et seq.).
B. Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section.
C. Any violation of this section shall be punished as a Class 1 misdemeanor.
D. The provisions of this section shall not apply to an owner of a cave on his own property.
1979, c. 252, § 10-150.13; 1982, c. 81; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 10 - Cave Protection Act › § 10.1-1005. Pollution; penalties

A. It shall be unlawful for any person, without express, prior, written permission of the owner, to store, dump, litter, dispose of or otherwise place any refuse, garbage, dead animals, sewage, or toxic substances harmful to cave life or humans, in any cave or sinkhole. It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave.
B. Any violation of this section shall be punished as a Class 1 misdemeanor.
1979, c. 252, § 10-150.14; 1982, c. 81; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 10 - Cave Protection Act › § 10.1-1006. Disturbance of naturally occurring organisms; scientific collecting permits; penalties

A. It shall be unlawful to remove, kill, harm, or otherwise disturb any naturally occurring organisms within any cave, except for safety or health reasons; however, scientific collecting permits may be obtained from the Department.
B. Any violation of this section shall be punished as a Class 3 misdemeanor.
1979, c. 252, § 10-150.15; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 10 - Cave Protection Act › § 10.1-1007. Sale of speleothems; penalties

It shall be unlawful for any person to sell or offer for sale any speleothems in this Commonwealth, or to export them for sale outside the Commonwealth. Any violation of this section shall be punished as a Class 1 misdemeanor.
1979, c. 252, § 10-150.17; 1982, c. 81; 1988, c. 891.
2023 Code of Virginia › Title 10.1 - Conservation › Chapter 10 - Cave Protection Act › § 10.1-1008. Liability of owners and agents limited; sovereign immunity of Commonwealth not waived

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave, notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made.
Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards, departments, bureaus, or agencies.
1979, c. 252, § 10-150.18; 1988, c. 891.