Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1030 - MANAGEMENT PLAN FOR THE UNGRANTED STATE LANDS IN ACCOMACK AND NORTHAMPTON COUNTIES › Section 4VAC20-1030-40 - The management plan

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Management policies. Most of the ungranted state lands addressed by this plan
				are wetlands. It has long been the public policy of the Commonwealth of
				Virginia to preserve wetlands and to prevent their despoliation and destruction
				and to accommodate necessary economic development in a manner consistent with
				wetlands preservation. In keeping with this policy, it is the goal of this
				management plan to conserve and protect the shores of the sea, marsh,
				meadowlands, commons, and other coastal lands subject to this plan, and the
				natural values and natural processes associated with these lands and the
				complex working ecosystem of which they comprise an important part. In a manner
				consistent with this goal, the management plan shall also consider the
				traditional uses of such properties and the promotion of tourism and commerce.
State owned lands defined in the management plan will,
				  subject to state and federal laws, be kept open and accessible for the use of
				  the citizens of the Commonwealth. Traditional compatible uses (e.g., hunting,
				  fishing and fowling) will be accommodated as provided for by local, state or
				  federal laws.
Resource protection will rely on a network of federal, state
				  and local laws and regulations. Requirements for local, state and federal
				  permits and licenses will be observed, and the usual application procedures
				  will be followed. Surveillance and enforcement mechanisms will remain in
				  effect. The ungranted state lands fall under a number of different and
				  overlapping jurisdictions and coordination, and cooperation among all levels of
				  government is essential as is centralized storage and management of ungranted
				  state lands information.
B.
				Administrative framework-management responsibility. Under Chapter 15, Article 2
				of Title 28.2 of the Virginia Code, specifically §§ 28.2-1503 and
				28.2-1504, the Virginia Marine Resources Commission is designated as the lead
				agency to manage the ungranted state lands on the Eastern Shore. This
				management plan will be implemented primarily through a cooperative effort
				among the Virginia Marine Resources Commission, the Virginia Institute of
				Marine Science, the Department of Conservation and Recreation, the Department
				of Game and Inland Fisheries, other participating and affected state agencies,
				the local governments and residents of Northampton and Accomack Counties, and
				any other legislatively designated entity.
The following administrative framework identifies roles and
				  responsibilities of Virginia state agencies and the Virginia Coastal Land
				  Management Advisory Council involved in implementing this management
				  plan.
1. Virginia Marine Resources
				Commission (VMRC). As specified in § 28.2-1501 B of the Code of Virginia,
				VMRC shall have the power to promulgate regulations and guidelines necessary to
				implement the policies in this plan and to protect and preserve the ungranted
				state lands on the Eastern Shore. Management regulations and guidelines shall
				be promulgated in accordance with § 28.2-103 of the Code of Virginia and
				the management issues section of this plan.
The VMRC, in consultation with other affected state agencies,
				  shall have the power to regulate outdoor recreational activities that threaten
				  the natural integrity of the ungranted state lands. Regulation of outdoor
				  recreational activities shall be in accordance with the recreational activities
				  section of this plan and the Administrative Process Act, §§ 9-6:14.11
				  and 9-6:14.12 of the Code of Virginia.
The VMRC shall have the power to amend this management plan
				  as necessary to protect and preserve the ungranted state lands. Amendments to
				  this plan will be in accordance with the provisions of the amendments section
				  of this plan and the procedures established in Article 2 (§ 28.2-209 et
				  seq.) of Chapter 2 of Title 28.2 of the Code of Virginia.
The VMRC shall periodically review the real property
				  inventories of ungranted state lands on the Eastern Shore and may amend or
				  supplement an inventory as may be appropriate. Any amendment or supplement to
				  an inventory shall be filed with the clerks' offices in Northampton and
				  Accomack counties. The VMRC shall publish a notice of the filing of an
				  amendment or supplement to an inventory according to the statutory requirements
				  for public notice contained in Article 1 (§ 28.2-1500 et seq.) of Chapter
				  15 of Title 28.2 of the Code of Virginia.
2. Virginia Coastal Land Management Advisory
				Council (VCLMAC). A Virginia Coastal Land Management Advisory Council shall be
				established to advise the VMRC on issues relating to the management of
				ungranted state lands on the Eastern Shore.
The VCLMAC shall be comprised of six residents of Northampton
				  and Accomack Counties. They shall represent tourism and commerce, traditional
				  uses of shores of the sea, marsh and meadowlands, and conservation interests.
				  Any private person or entity owning more than 50% of the land area of the
				  barrier islands of the Eastern Shore shall be one of the six members. The
				  residents serving on the VCLMAC will be appointed by the Governor. In making
				  these appointments, the Governor shall consider recommendations submitted by
				  the Boards of Supervisors of Northampton and Accomack Counties.
The VCLMAC shall also include the Director of the Virginia
				  Department of Conservation and Recreation or his designee, the Director of the
				  Virginia Department of Game and Inland Fisheries or his designee, and the
				  Commissioner of the Virginia Marine Resources Commission or his
				  designee.
The VCLMAC shall advise the VMRC on issues relating to the
				  management of ungranted shores of the sea, marsh and meadowlands, and shall
				  advise the VMRC on the development of the management plan prepared pursuant to
				  § 28.2-1504 of the Code of Virginia.
The term of office of each appointed member of the VCLMAC
				  shall be for three years. Appointments to fill vacancies shall be made to fill
				  the unexpired term. Members of the VCLMAC shall receive no compensation for
				  their services but shall receive reimbursement for actual expenses.
The VCLMAC shall meet at the call of the Commissioner of the
				  VMRC or at least once per year. The VCLMAC may recommend proposed regulations
				  or guidelines for the ungranted state lands to the VMRC. The VMRC shall have
				  final decision-making authority on the promulgation of proposed regulations and
				  guidelines.
The VCLMAC may recommend to the VMRC resolutions to conflicts
				  between parties on the use of the ungranted state lands. The VMRC shall have
				  the authority to decide cases of conflicting uses. The VCLMAC may recommend
				  amendments to this management plan. The VMRC shall have final decision-making
				  authority on proposed amendments to this plan.
3. Department of Conservation and Recreation
				(DCR). The Department of Conservation and Recreation's mission is to conserve
				Virginia's natural and recreational resources. DCR is responsible for the
				inventory of natural heritage resources, management of natural heritage
				information, protection of natural areas containing natural heritage resources,
				and the stewardship of those natural areas. DCR is the Commonwealth's lead
				agency in efforts to reduce nonpoint source pollution. The department also has
				experience managing 65,000 acres of parks and natural areas and their visitors
				and assists Virginia's counties and cities with the development of local parks.
				DCR operates many public education programs regarding the conservation of
				Virginia's natural, cultural, and recreational resources. Through these
				functions and services, DCR can provide information and technical advice to
				assist with the management of the ungranted state lands.
4. Department of Game and Inland Fisheries
				(DGIF). The Department of Game and Inland Fisheries (DGIF) exists to provide
				public, informational and educational services related to game, inland
				fisheries and boating, and to serve as the agency responsible for the
				administration and enforcement of all rules and regulations of the Board of
				Game and Inland Fisheries, the statutory provisions of Title 29.1 of the Code
				of Virginia, and related legislative acts. Through these functions and
				services, DGIF shall provide information and technical advice to assist with
				the management of the ungranted state lands.
5. Virginia Institute of Marine Science
				(VIMS). The Virginia Institute of Marine Science shall provide advice and
				assistance to the VMRC under its general legislative mandate by evaluating
				wetlands by type and maintaining and updating an inventory of wetlands on the
				ungranted state lands on the Eastern Shore.
6. Other affected governmental agencies.
				Other state and federal agencies will retain pre-existing responsibilities for
				resource management and surveillance and enforcement of statutes and
				regulations relevant to ungranted state lands and resources associated with
				them.