A. On or before July 1, 2017, all persons that own land operated as a golf course and upon which fertilizer, manure, sewage sludge, or other compounds containing nitrogen or phosphorous are applied to support turf, plant growth, or other uses shall develop and implement nutrient management plans for such land in accordance with the regulations adopted pursuant to § 10.1-104.2. However, such lands shall be exempt from the application rate and timing provisions contained in any regulations developed pursuant to § 10.1-104.2 if research involving nutrient application rate and timing is conducted on such lands.
B. Nutrient management plans developed pursuant to this section shall be submitted to the Department. The Department shall approve or contingently approve such nutrient management plans within 30 days of submission. Such nutrient management plans shall be revised and resubmitted for approval to the Department every five years thereafter or upon a major renovation or redesign of the golf course lands, whichever occurs sooner.
C. Golf courses shall maintain and properly implement approved nutrient management plans, planning standards, and specifications on all areas where nutrients are applied.
D. Nutrient management plans shall be made available to the Department upon request.
E. The Department shall (i) provide technical assistance and training on the development and implementation of nutrient management plans, planning standards, and specifications and (ii) establish, prior to July 1, 2015, a cost-share program specific to golf courses for implementation of this section.
F. Any information collected pursuant to this section shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
G. A golf course owner found to be in violation of this section after July 1, 2017, shall be given 90 days to submit a nutrient management plan to the Department for approval before a $250 civil penalty is imposed. All civil penalties imposed under this section shall be deposited in the Nutrient Management Training and Certification Fund (§ 10.1-104.2).
H. Golf courses in compliance with this section shall not be subject to local ordinances governing the use or application of fertilizer.
2011, cc. 341, 353.
Structure Code of Virginia
Chapter 1 - General Provisions
§ 10.1-101. Department continued; appointment of Director
§ 10.1-102. Powers and duties of Director
§ 10.1-103. Organization of the Department
§ 10.1-104. Powers of the Department
§ 10.1-104.1. Department to assist in the nonpoint source pollution management program
§ 10.1-104.2. Voluntary nutrient management training and certification program
§ 10.1-104.2:1. Nitrogen application rates; regulations
§ 10.1-104.3. Clean Water Farm Award Program
§ 10.1-104.4. Nutrient management plans required for state lands; review of plans
§ 10.1-104.5. Nutrient management plans required for golf courses; penalty
§ 10.1-104.6. Supplemental environmental projects
§ 10.1-104.6:1. ConserveVirginia program established
§ 10.1-104.7. Resource management plans; effect of implementation; exclusions
§ 10.1-104.8. Resource management plans; criteria
§ 10.1-104.9. Regulations under this article
§ 10.1-105. Board of Conservation and Recreation
§ 10.1-106. Officers; meetings; quorum
§ 10.1-107. General powers and duties of the Board
§ 10.1-109. Lease of lands and other properties
§ 10.1-110. Easements to governmental agencies and public service corporations
§ 10.1-111. Removal of minerals
§ 10.1-112. Capital improvement projects
§ 10.1-114. Commemorative facilities and historic sites management; duties of Director
§ 10.1-114.1. Directory of cultural heritage sites
§ 10.1-115. Appointment of conservation officers; qualifications; oath
§ 10.1-116. Jurisdiction of conservation officers
§ 10.1-117. Powers and duties of conservation officers
§ 10.1-118. Decommissioning of conservation officers
§ 10.1-119. Defense of conservation officer of the Department prosecuted on criminal charges
§ 10.1-120. Commissioning of Breaks Interstate Park Commission employees as conservation officers