HB 2282 — Forest crops; exemptions from Virginia Stormwater Management Program, etc., for harvesting.

If the VESMP theauthority applicanttakes thesuch differenceaction shouldupon thesuch amountfailure ofby the reasonableapplicant, costthe ofVESMP suchauthority actionmay exceedcollectIfrom the amount of the security held.

U B.

The VESMP authority may require changes to an approved soil erosion control and stormwaterstormwateT management plan in the following cases:

1.ordinances;

Whereorspection inspection has revealed that the plan is inadequate to satisfy applicable regulationsregulatioEs or ord2.2.

In order to prevent further erosion, a VESMP authority may require approval of a soil erosion controlVESMP andauthority.mwater stormwater management plan for any land identified as an erosion impact area by the VESMPD. authority.

D.A VESMP authority may enter into an agreement with an adjacent VESMP authority regarding the administration of multijurisdictional projects, specifying who shall be responsible for allBor part of the administrative procedures.

AShould adjacent VESMP authorityauthorities mayfail enterto intoreach such an agreementagreement, witheach anshall adjacentbe VESMPresponsible authorityfor regardingadministering the administrativearea procedures.of the multijurisdictional project that lies wi2hin its jurE.

ShouldThe adjacentfollowing VESMPrequirements authoritiesshall failapply to reachland-disturbing suchactivities anin agreement, eacht of shall be responsible for administering the areaCommonwealth:1 of1. the multijurisdictional project that lies within its jurisdiction.

E.Any land-disturbing activity that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or greater of land disturbance may, in accordance with regulations adopted by the Board, be required to obtain permit coverage.

The2. following requirements shall apply to land-disturbing activities in the Commonwealth:

1.For a land-disturbing activity occurring in an area not designated as a Chesapeake Bay HB2282H1 4 of 8 Preservation Area subject to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.):

Any land-disturbing activity that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or greater of land disturbance may, in accordance with regulations adopted by the Board, be required to obt2.

For a land-disturbing activity occurring in an area not designated as a Chesapeake Bay HB2282 4 of 8 Preservation Area subject to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.):

However, this exception shall not apply to for the harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) or is converted shall apply only to land-disturbing activity that is (i) the minimum land disturbance necessary, including clearing, grading, excavating, or removal of stumps,Title for10.1 the harvesting of timber, the construction of roads and trails for forest management purposes, or theis preparationconverted of the property for reforestation or (ii) for a conversion to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163;

In such situations, the VESMP authority shall be advised of the disturbance within seven days of commencing of 8 the land-disturbing activity, and compliance with the administrative requirements of subsection A is required within 30 days of commencing the land-disturbing activity;

and I 11.

Discharges to a sanitary sewer or a combined sewer system that are not from a land-distuNbingland-disturbing actG.of 8 act12.

Clearing lands for the harvesting of forest crops when the areas on which harvesting occurs is not intended to be reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 or converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163, provided that the land-disturbing activity is the minimum land disturbance necessary, including clearing, grading, excavating, or removal of stumps, for the harvesting of G.

R 1.

Oor 2.original construction of the project.

RoutineThe maintenancepaving thatof isan performedexisting toroad maintainwith thea originalcompacted lineor imperviousy, surface and grade,reestablishment hydraulicof Dapacity,existing orassociated originalditches constructionand ofshoulders theshall project.be deemed routine maintenance if performed in accordance with this subsection;

Theand pavingH of3. an existing road with a compacted or impervious maintenance if performed in accordance with this subsection;

andhoulders shall be deemed routinU 3.

EO As"Agreement used in thislieu article,of unlessa plan" means a contract between the contextplan-approving requiresauthority and the Uwner that specifies conservation measures that must be implemented in the construction of a differentsingle-family meaning:residence;

"Agreementthis incontract lieumay ofbe aexecuted plan"by means a contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in thelieu construction of a single-familyformal residence;siSe plan.

this"Applicant" contractmeans mayany beperson executedsubmitting byan theerosion plan-approvingand authoritysediment incontrol lieuplan for approval or requesting the issuance of a formalpermit, sitewhen plan.required, authorizing land-disturbing activities to cEmmence.

requestingcompetence from the issuanceBoard in the area of aproject permit,inspection whenor required,(ii) authorizingis land-disturbingenrolled activitiesin tothe commence.Board's training program for project inspection and successfully completes such program within one year after enrollment.

S "Certified inspector"plan reviewer" means an employee or agent of a VESCP authority who (i) holds a certificate of competence from the Board in the area of projectplan inspectionreview, or (ii) is enrolled in the Board'sBoUrd's trainingenrollment, programor for(iii) projectis inspectionlicensed andas successfullya completesprofessional suchengineer, programarchitect, withinlandscape onearchitect, yearland aftersurveyor enrollment.pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1, or professional soil sciSntist as defined in § 54.1-2200.

H "Certified planprogram reviewer"administrator" means an employee or agent of a VESCP authority who (i) holds a 2 certificate of competence from the Board in the area of planprogram review,administration or (ii) is enrolledenrolIed in the Bo8rd'sone enrollment,year orafter (iii)enrollment.or isprogram licensedadministration asand asuccessfully professionalcompletes engineer,such architect,program landscapewithin architect,"Department" landmeans surveyorthe pursuantDepartment to Article 1 (§ 54.1-400 et seq.) of ChapterEnvironmental 4Quality. of Title 54.1, or professional soil scientist as defined in § 54.1-2200.

"CertifiedT program"Director" administrator" means anthe employeeDirector or agent of a VESCP authority who (i) holds a certificate of competence from the BoardDepartment in the area of programEnvironmental administrationQuality. or (ii) is enrolled in the Board's training program for program administration and successfully completes such program within one year after enrollment.

"Director"U "District" or "soil and water conservation district" means a political subdivision of the DirectorT Commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of Chapter 5 o"Erosion and sediment control plan" or "plan" means a document containing material for the DepartmentE conservation of Environmentalsoil Quality.and water resources of a unit or group of units of land.

"District"It ormay "soilinclude andappropriate watermaps, conservationan district"appropriate meanssoil aand politicalwater subdivisionplan ofinventory theand Commonwealthmanagement organizedinformation in accordance with theneeded provisionsinterpretations, ofand Articlea 3record (§ 10.1-506 et seq.) of Chapterdecisions 5contributing ofto Titleconservation 10.1.treatment.

"ErosionThe andplan sedimentshall controlcontain plan"all major conservation decisions to ensure that the entire unit or "plan"units meansof aland documentwill containingbe materialso fortreated theto conservationach"Erosion impact area" means an area of land not associated with current land-disturbing activity but subject to persistent soil anderosion waterresulting resourcesin the delivery of asediment unitonto orneighboring groupproperties ofor unitsinto ofstate land.waters.

ItThis maydefinition includeshall appropriatenot maps,apply anto appropriateany soillot andor waterparcel planof inventoryland andof management10,000 informationsquare withfeeB neededor allless majorused conservationfor decisionsresidential topurposes ensure that the entire unit or unitsto ofshorelines landwhere willthe beerosion soresults treatedfrom toainwave achieveaction theor conservationother objectives.coastal processes.

"Erosion2 impacterosion area"from meanswater anor areawind and the movement of landsediments notinto associatedstate withwaters currentor land-disturbingonto activitylands in the1oil Commonwealth, including, but subjectnot tolimited persistentto, soilclearing, erosiongrading, resultingexcavating, intransporting, theand deliveryfilling of sedimentland, ontoexcept neighboringthat propertiesthe orterm intoshall statenot waters.include:

This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes.

erosion from water or wind and the movement of sediments into state waters or onto lands in thesoil Commonwealth, including, but not limited to, clearing, grading, excavating, transporting, and filling of land, except that the term shall not include:

HB2282H1 6 of 8 3.

Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street, or sidewalk, provided the land-disturbing activity is confined to the area of the road, street, or sidewalk that is hard surfaced;land-disturbingsurfaced; activity is HB2282 6 of 8 4.

4.

however, this exception shall not apply to for the harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 or is converted shall apply only to land-disturbing activity that is (i) the minimum land disturbance necessary, including clearing, grading, excavating, or removal of stumps, for the harvesting of timber, the construction of roads and trails for forest management purposes, or the preparation of the property for reforestation or (ii) for a conversion to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163;

however, if the land-disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the VESCP authority.authority;

and 13.

Clearing lands for the harvesting of forest crops when the areas on which harvesting occurs is not intended to be reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 or converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163, provided that the land-disturbing activity is the minimum land disturbance necessary, including clearing, grading, excavating, or removal of stumps, for the harvesting of timber and the construction of roads and trails for forest management purposes.

"Virginia Erosion and Sediment Control Program" or "VESCP" means a program approved by the Board that has been established by a VESCP authority for the effective control of soil8 erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent thethesediment unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement where authorized in this article, and evaluation consistent with the requirements of 8"Virginia ofErosion thisand articleSediment Control Program authority" or "VESCP authority" means an authority approved by the Board to operate a Virginia Erosion and itsSediment associatedControl regulations.Program.

"VirginiaAn Erosion and Sediment Control Program authority" or "VESCP authority" means an I authority approvedmay byinclude the Board to operate a Virginiastate Erosionentity, andincluding Sedimentthe ControlDepartment; Program.

Ana Nfederal town;entity;

ora fordistrict, linearcounty, projectscity, subject to annual standards and specifications, electric, natural gas, andity, or telephonetown; utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to § 15.2-5102.

Ror for linear projects subject to annual standards and specifications, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, or "Water quality volume" means the volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project.

O § 62.1-44.15:55.

submissioDsubmission and approval of erosion and sediment control plan.

federalA. entity, or other specified entity, no person shall engage in any land-disturbing activity until he has submitted to the VESCP authority an erosion and sediment control plan for the land-disturbing activity and the plan has been reviewed and approved.

WhereExcept Virginiaas Pollutantprovided Dischargein EliminEtion§ System62.1-44.15:31 permitfor coveragea island-disturbing required,activity aconducted VESCPby authoritya shallstate beagency, requiredhas submitted to obtainthe evidenceVESCP ofauthority suchan coverageerosion fromand thesediment Department'scontrol onlineplan reportingfor systemthe priorland-disturbiUg tountil approvinghe activity and the erosionplan andhas sedimentbeen controlreviewed plan.and approved.

AWhere VESCPVirginia authorityPollutant mayDischarge enterElimination intoSystem anpermit agreementcoverage withis anrequired, adjacenta VESCP or VESMP authority regardingshall thebe administrationrequired ofto multijurisdictionalobtain projectsevidence specifyingof whosSch shallcoverage befrom responsiblethe agreement,Department's eachonline shallreporting besystem responsibleprior forto administeringapproving the areaerosion ofand thesediment multijurisdictionalcontrol projectplan. that lies within its jurisdiction.

WhereA theVESCP land-disturbingauthority activitymay resultsenter frominto the construction of a single-family residence, an agreement inwith lieuan ofadjacent aVESCP planor mayVESMP beE substituted for anall erosionor andpart sedimentof control plan if executed by the VESCPadministrative authority.procedures.

B.Should adjacent authorities fail to come to such ansible agreement, each shall be responsible for administering the area of the multijurisdictional project that lies within its jurisdiction.

TheWhere VESCPthe authorityland-disturbing shallactivity reviewresults erosionfrom andthe sedimentconstruction controlof plansa submittedSingle-family toresidence, itan andagreement gHantin writtenlieu approval within 60 days of thea receipt of the plan ifmay itbe determinessubstituted thatfor thean planerosion meets2the requirements of this article and thesediment Board'scontrol regulationsplan and if theexecuted personby responsible for carr8ing out the planVESCP andauthority. shall comply with the provisions of this article.

InU addition,written asapproval awithin prerequisite60 todays engagingof inthe receipt of the land-disturbingplan activitiesif shownit ondetermines that the approvedplan plan,meets the personrequirements responsibleof forthis carryingarticle outand the planBoard's shallregulations provideand if the nameperson ofresponsible anfor individualcarrSing holdingout athe certificateplan tocertifies thethat VESCPhe authority,will asproperly providedperform bythe §erosion 62.1-44.15:52,and whosediment willcontrol bemeasures included in chargethe ofplan and responsibleshall forcomply carryingwith out the land-disturbingprovisions activity.of this article.

In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out Ihe plan § 62.1-44.15:52, who will be in charge of and responsible for carrying out the land-disturbing activity.

If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violationTiolation and provide the name of an individual holding a certificatecertificate, prioras to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided inby this§ article.62.1-44.15:52.

Failure to may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this article.

If no action is taken by the VESCPperson authorityauthorized withinto theproceed timewith specified in this subsection, the planproposed shallactivity. be deemed approved and the and sediment control plan that has been previously disapproved within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate.

C.The VESCP authority shall act on any erosionhe and sediment control plan that has been previously disapproved within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate.

B C.

2 1.

Where inspection has revealed that the plan is inadequate to satisfy applicable regulations;regulatio2s;

or 2.circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article and associated regulations, are agreed to by the VESCP authority and the person responsible for carrying out the plan.

WhereD. the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article and associated regulations, are agrD.

For the purposes of subsections A and B, when land-disturbing activity will be required of a HB2282H1 8 of 8 contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner.

an1. area designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservationeet in HB2282 8 of 8 Act (§ 62.1-44.15:67 et seq.).

Disturbance of a land area of less than 10,000 square feet in size or less than 2,500 square feet in an area designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.).

However, this exception shall not apply to for the harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 or is converted shall apply only to land-disturbing activity that is (i) the minimum land disturbance necessary, including clearing, grading, excavating, or removal of stumps, for the harvesting of timber, the construction of roads and trails for forest management purposes, or the preparation of the property for reforestation or (ii) for a conversion to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163;

Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company.company;

and 13.

Clearing lands for the harvesting of forest crops when the areas on which harvesting occurs is not intended to be reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 or converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163, provided that the land-disturbing activity is the minimum land disturbance necessary, including clearing, grading, excavating, or removal of stumps, for the harvesting of timber and the construction of roads and trails for forest management purposes.