Code of Virginia
Chapter 1 - General Provisions
§ 10.1-104.8. Resource management plans; criteria

A. The Soil and Water Conservation Board shall by regulation, and in consultation with the Department of Agriculture and Consumer Services and the Department of Environmental Quality, specify the criteria to be included in a resource management plan.
B. The regulations shall:
1. Be technically achievable and take into consideration the economic impact to the agricultural landowner or operator;
2. Include (i) determinations of persons qualified to develop resource management plans and to perform on-farm best management practice assessments; (ii) plan approval or review procedures if determined necessary; (iii) allowable implementation timelines and schedules; (iv) determinations of the effective life of the resource management plans taking into consideration a change in or a transfer of the ownership or operation of the agricultural land, a material change in the agricultural operations, issuance of a new or modified total maximum daily load (TMDL) implementation plan for the Chesapeake Bay or other local total maximum daily load water quality requirements, and a determination pursuant to Chapter 4 (§ 3.2-400 et seq.) of Title 3.2 that an agricultural activity on the land is creating or will create pollution; (v) factors that necessitate renewal or new plan development; and (vi) a means to determine full implementation and compliance with the plans including reporting and verification;
3. Provide for a process by which an on-farm assessment of all reportable best management practices currently in place, whether as part of a cost-share program or through voluntary implementation, shall be conducted to determine their adequacy in achieving needed on-farm nutrient, sediment, and bacteria reductions;
4. Include agricultural best management practices sufficient to implement the Virginia Chesapeake Bay TMDL Watershed Implementation Plan and other local total maximum daily load water quality requirements of the Commonwealth; and
5. Specify that the required components of each resource management plan shall be based upon an individual on-farm assessment. Such components shall comply with on-farm water quality objectives as set forth in subdivision B 4, including best management practices identified in this subdivision and any other best management practices approved by the Board or identified in the Chesapeake Bay Watershed Model or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan.
a. For all cropland or specialty crops such components shall include the following, as needed and based upon an individual on-farm assessment:
(1) A nutrient management plan that meets the nutrient management specifications developed by the Department;
(2) A forest or grass buffer between cropland and perennial streams of sufficient width to meet water quality objectives and consistent with Natural Resources Conservation Service standards and specifications;
(3) A soil conservation plan that achieves a maximum soil loss rate of "T," as defined by the Natural Resources Conservation Service; and
(4) Cover crops meeting best management practice specifications as determined by the Natural Resources Conservation Service or the Virginia Agricultural Best Management Practices Cost-Share Program.
b. For all hayland, such components shall include the following, as needed and based upon an individual on-farm assessment:
(1) A nutrient management plan that meets the nutrient management specifications developed by the Department;
(2) A forest or grass buffer between cropland and perennial streams of sufficient width to meet water quality objectives and consistent with Natural Resources Conservation Service standards and specifications; and
(3) A soil conservation plan that achieves a maximum soil loss rate of "T," as defined by the Natural Resources Conservation Service.
c. For all pasture, such components shall include the following, as needed and based upon an individual on-farm assessment:
(1) A nutrient management plan that meets the nutrient management specifications developed by the Department;
(2) A system that limits or prevents livestock access to perennial streams; and
(3) A pasture management plan or soil conservation plan that achieves a maximum soil loss rate of "T," as defined by the Natural Resources Conservation Service.
2011, c. 781.

Structure Code of Virginia

Code of Virginia

Title 10.1 - Conservation

Chapter 1 - General Provisions

§ 10.1-100. Definitions

§ 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

§ 10.1-104.01. Repealed

§ 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

§ 10.1-108. Definitions

§ 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

§ 10.1-113. Sale of trees

§ 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