Transcript Understanding Laws that Shape Virginia’s Soil and Water

Understanding Laws that Shape
Virginia’s Soil and Water
Conservation Districts
NEPA, CWA, THE FARM BILL, THE BAY ACT, ESC,
ASA, WQIA
defiance-county.com
National Environmental Policy Act
 NEPA
 requires federal agencies to integrate environmental
values into their decision making processes by
considering the environmental impacts of their
proposed actions and reasonable alternatives to
those actions
 to meet NEPA requirements federal agencies prepare
a detailed statement known as an Environmental
Impact Statement (EIS)
www.epa.gov
understandinggov.org
 EPA reviews and comments on EISs prepared by
other federal agencies, maintains a national filing
system for all EISs, and assures that its own actions
comply with NEPA
 the public has an important role in the NEPA process
in providing input on what issues should be
addressed in an EIS and in commenting on the
findings in an agency's NEPA documents
apps.roads.maryland.gov
 The public can participate in the NEPA process by
attending NEPA-related hearings or public meetings
and by submitting comments directly to the lead
agency
 The lead agency must take into consideration all
comments received from the public and other parties
on NEPA documents during the comment period
 Conservation Districts can provide information to
the public on local NEPA-related hearings or public
meetings- particularly those involved directly with
conservation issues!
Clean Water Act
 CWA
 establishes the basic structure for regulating
discharges of pollutants into the waters of the United
States and regulating quality standards for surface
waters
 Under the CWA, the Environmental Protection
Agency (EPA) has implemented pollution control
programs along with setting water quality standards
for all contaminants in surface waters
www.epa.gov
 The CWA made it unlawful to discharge any
pollutant from a point source into navigable waters,
unless a permit was obtained
 Conservation Districts help implement programs
that reduce water pollution, especially through BMPs
Food Security Act or “Farm Bill”
 The Farm Bill
 establishes a comprehensive framework within
which the Secretary of Agriculture will administer
agriculture and food programs
 includes several provisions that contribute to the
protection of wetlands

promote the conservation of wetlands on agricultural lands
 contains provisions that promote the protection of
wildlife habitat and water quality
www.ers.usda.gov
wildlifelaw.unm.edu
 links conservation to USDA program benefits
 Many districts of VA include farmland, which are
subject to the Farm Bill
Chesapeake Bay Preservation Act
 The Bay Act
 The official copy of the Bay Act can be found on the
Code of VA website
 Approval: 1988 VA General Assembly
 Objectives:
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Tidewater Localities must adopt local ordinances in
accordance w/ the Chesapeake Bay Preservation Area
Designation and Management Regulations.
Tidewater Localities must identify, designate, and map
Chesapeake Bay Preservation Areas.
 Effects Tidewater
counties & cities
 Agricultural Criteria:
 Land upon which agricultural activities are being conducted shall:
Establish/Maintain a Vegetated Buffer Area between the locally
designated water resource and the farming activity.
 Have a Soil & Water Quality Conservation Assessment conducted
and/or a Soil & Water Quality Conservation Plan.
 Submit all applicable assessments and plans to the local SWCD Board
for review and approval.

 Soil & Water Quality Conservation Assessment
 Evaluates the effectiveness of existing BMPs to protect water quality.
 Assessment Areas include:
Nutrient Management
 Erosion Control
 Pesticide Management

 Soil & Water Quality Conservation Plan
 Outlines the installation/implementation of additional BMPs,
necessary to protect water quality.
 BMPs outlined in the Bay Plan need only address those conservation
issues applicable to the tract or field.
 For additional information, visit
www.cblad.virginia.gov and VA’s DCR site
Chesapeake Bay
Local Assistance Division
 Division within VA DCR
 Motto: “Partnering with local governments to protect
the Chesapeake Bay and other state waters through
sound land use management.”
Virginia Erosion and Sediment
Control Law
 ESC
 Approved in 1973.
 Title 10 of the Code of Virginia.
 “Each District in the Commonwealth shall adopt and
administer an erosion and sediment control program
for any area within the District for which a county, city,
or town does not have an approved Erosion and
Sediment Control program.” Code of Virginia Title
10.1, Chapter 5 (Section 10.1-562).
 State Program administered by VA DCR.
 Localities required to develop ESC Ordinance.
 District MAY be asked to perform the following
ESC duties:
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Provide plan review services & Board designated as Plan
Review Authority.
Provide on-site inspection services.
Enforce compliance.
Administer the entire program.
 Program Goal = Control erosion, sedimentation, and
non-ag. runoff from land-disturbing activities.
 What is an ESC Plan?
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Consists of Narrative & Illustrative Maps
Include Criteria, Techniques, & Policies that must be followed to
prevent erosion and sedimentation from construction sites.
State Law: > 10,000 sq. ft, but some localities stricter.
Exemptions
 http://www.dcr.virginia.gov/soil_&_water/e&s.shtml
Virginia Soil Conservation District Law
 This is a very important piece of legislation for
directors and staff

It grants directors the authority to act on behalf of the SWCD
they represent
 This law is the most closely relating legislation for
Conservation Districts
 It outlines all required responsibilities and
procedures of those involved with a district
 A complete copy of the law is included in the packet
Agricultural Stewardship Act
 ASA
 State Law - 1996
 Administered by VDACS
 Objective: Work with Farmers and local SWCDs to
resolve, in a timely and commonsense manner, water
quality problems reported to VDACS concerning
nutrients, sediments, and toxins from agricultural
activities.
 Examples Of Water Quality Problems
 Nutrients from manure in feed lot runoff.
 Sediment from erosion on crop fields.
 Toxins from herbicide/pesticide runoff.
 Toxins from dead animal carcasses.
 Complaints filed w/ VDACS Ag. Stewardship Division
 Founded Complaint
 Voluntary Compliance to correct water quality problem
encouraged.
 ASA allows for legal action to be taken to accomplish corrective
action.
 Producer is required to develop a plan to correct.
 Implement plan within a specified time period, not to exceed 18
mos.
 District Planning and Technical Assistance
 Activities NOT covered by ASA
 VA DEQ Permitted Activities
 Forestry Activities
 Air Pollution
 Odor Concerns
 Landfills
 Waste problems that do not involve
agricultural products and that have no clear
water quality impact
 Districts MAY
 Assist with the investigation.
 Provide technical assistance on correction of the problem(s).
 Develop the plan.
 Districts are REQUIRED to
 Review the plan.
 For more information visit:
http://www.vdacs.virginia.gov/stewardship/act.shtml
http://www.vdacs.virginia.gov/stewardship/
 A copy of ASA guidelines is included in the packet
Water Quality Improvement Act
 WQIA
 Purpose: to restore and improve the quality of state
waters and to protect them from impairment and
destruction for the benefit of current and future
citizens of the Commonwealth of Virginia

Section 10.1-2118 of the Code of Virginia
 implemented to provide funding to address point
and non-point source pollution within the
Commonwealth
 District’s receive cost-share money as a result of this
Act