TITLE 10.1. CONSERVATION.

§ 10.1-411.1 amended.
Clinch-Guest Scenic River. Extends the scenic river designation to approximately 9.2 miles of the Clinch River. The change in the name of the designated river from the Guest to the Clinch-Guest Scenic River reflects the inclusion of a segment of the Clinch River in the scenic designation. The bill also adds at least one riparian landowner on the Clinch River to the advisory committee. HB 870; CH. 251.

§ 10.1-512 amended.
Boundaries of soil and water conservation districts. Requires the Virginia Soil and Water Conservation Board to consider funding as one of the factors in establishing boundaries of a new soil and water conservation district. HB 211; CH. 192.

§§ 10.1-515, 10.1-516, 10.1-523, 10.1-525, 10.1-528, and 10.1-530 amended.
Soil and water conservation districts; district boards of directors and terms of office. Provides for four-year, rather than three-year, terms of office for elected and appointed directors. Elections will be held in November 2003 and each fourth year thereafter. The bill provides for the transition to the new schedule, the extension of certain terms of office, appointments to fill vacancies, and specific terms for directors appointed by the Virginia Soil and Water Conservation Board. HB 49; CH. 236 (effective 3/22/02)/SB 114; CH. 143 (effective 3/22/02).

§§ 10.1-603.16 through 10.1-603.20 amended.
Flood assistance fund. Expands the uses of the Flood Prevention and Protection Assistance Fund to include the awarding of grants or loans to public bodies owning dams and the awarding of loans to private dam owners to assist in paying the costs of modifications in the dam's design, or repairs to or maintenance of the dam. Currently, the fund distributes grants and loans to local public bodies for the development and implementation of flood prevention or protection projects or studies as part of a required federal match. HB 178; CH. 320.

§ 10.1-1181.2 amended.
Notice of timber harvesting; penalty. Requires the commercial timber-harvesting operator to notify the State Forester prior to completion but not later than three working days after commencement of a harvesting operation. If he fails to provide the notice, the State Forester is authorized to assess a civil penalty of $250 for the initial violation and up to $1,000 for any subsequent offense occurring within a 24-month period. Currently an owner or operator is required to give notice prior to or not later than three working days after the commencement of the operation; however, there is no penalty for not providing such notification. HB 448; CH. 376.

§ 10.1-1181.2 amended.
Silvicultural activities; issuance of special orders. Allows special orders to be issued after the owner or operator has been given the opportunity for a hearing. Currently, a special order can only be issued after a hearing. HB 1168; CH. 293.

§ 10.1-1181.2 amended.
State Forester notification. Authorizes the State Forester to recommend corrective measures and a time period for an owner or operator of a forestry operation to implement the measures in order to prevent, mitigate or eliminate an action causing or likely to cause pollution. If the owner or operator fails to take action, the State Forester is required to issue a special order. HB 1258; CH. 304.

§§ 10.1-1181.8 through 10.1-1181.12 added.
Foresters; title protection. Prohibits any person from using the title "forester" unless he possesses a degree from a college or university in a curriculum accredited by the Society of American Foresters. The bill also defines "forestry" as the science, art and practice of creating, managing, using and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, needs, and values. The bill provides injunctive relief to restrain the invalid use of the title of "forester." The bill does not prohibit (i) any person from performing forestry functions if the person does not represent himself to the public as being a forester, or (ii) an employee of a forester from performing forestry services, (iii) the practice of any profession that is regulated by a state board. The bill "grandfathers" those persons who supply the Department of Forestry documentation showing they have engaged in forestry practices for at least 10 years. SB 301; CH. 447.

§ 10.1-1186.2:1. See § 56-46.1; SB 554.

§§ 10.1-1230 through 10.1-1237 added; §§ 10.1-1429.1, 10.1-1429.2, 10.1-1429.3, and 10.1-1429.4 repealed.
Brownfield Restoration and Land Renewal Act. Consolidates and reorganizes existing provisions related to brownfields restoration in order to simplify public access to this information and facilitate its use. The Act contains specific liability protections for bona fide prospective purchasers, innocent landowners and adjacent landowners. These provisions track those provided in the federal act. The bill also creates the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund to be administered by the Virginia Resources Authority. The Fund will consist of moneys appropriated to it by the General Assembly and such other sums as may be made available to it from any other sources. Local governments, all eligible to receive grants and loans from the fund, and businesses may receive loans for the purposes of promoting the restoration and redevelopment of brownfield sites and to address environmental problems or obstacles to reuse so that these sites can be effectively marketed to new economic development prospects. HB 463; CH. 378.

§§ 10.1-1402.1 and 62.1-44.15:6 amended.
Waste and water permit fees. Directs the Virginia Waste Management Board to develop new permit fee schedules sufficient to cover no more than 20 percent of the direct costs of the hazardous and solid waste programs, using as the base the amounts allocated to these programs in the 2002 Appropriation Act; however, no individual permit fee can increase more than 300 percent. The bill also triples the statutory caps on water permit fees. There is a July 1, 2004, sunset on the new fee structure. HB 1257; CH. 822 (effective - see bill).

§ 10.1-1413.2 amended.
Landfill closures. Allows municipal solid waste landfills utilizing double synthetic liner systems that had been permitted between December 21, 1988, and October 9, 1993, by the Department of Environmental Quality, to continue to accept solid waste after 2020. Currently, no municipal solid waste landfills can continue to accept waste after 2020 that have not been equipped with the new liner system approved in the permits issued after October 9, 1993. The bill would allow the Wise County landfill to accept waste after 2020. HB 148; CH. 518/SB 82; CH. 492.

§ 10.1-2211 amended.
Confederate Cemeteries; Ettrick Cemetery. Adds the Ettrick Cemetery in Chesterfield County, which maintains 47 Confederate graves, to the list of those entities receiving funds from the Department of Historic Resources for the care of such graves. HB 137; CH. 188/SB 69; CH. 225.

§ 10.1-2211 amended.
Department of Historic Resources; disbursements for Confederate cemeteries and graves. Adds the New Monmouth Presbyterian Church and the New Providence Presbyterian Church in the County of Rockbridge, which maintain 80 and 98 Confederate graves, respectively, to the list of those entities receiving funds from the Department of Historic Resources for the care of such graves. SB 675; CH. 181.

§ 10.1-2211.1 added.
Department of Historic Resources; maintenance of Revolutionary War graves. Establishes a program to assist in the maintenance of Revolutionary War graves that is similar to the program for Confederate graves. HB 919; CH. 256.

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