10.1-104.4 - Nutrient management plans required for state lands; review of plans.

§ 10.1-104.4. Nutrient management plans required for state lands; review ofplans.

A. On or before July 1, 2006, all state agencies, state colleges anduniversities, and other state governmental entities that own land upon whichfertilizer, manure, sewage sludge or other compounds containing nitrogen orphosphorus are applied to support agricultural, turf, plant growth, or otheruses shall develop and implement a nutrient management plan for such land.The plan shall be in conformance with the following nutrient managementrequirements:

1. For all state-owned agricultural and forestal lands where nutrientapplications occur, state agencies, state colleges and universities, andother state governmental entities shall submit site-specific individualnutrient management plans prepared by a certified nutrient management plannerpursuant to § 10.1-104.2 and regulations promulgated thereunder. However,where state agencies are conducting research involving nutrient applicationrate and timing on state-owned agricultural and forestal lands, such landsshall be exempt from the application rate and timing provisions contained inthe regulations developed pursuant to § 10.1-104.2.

2. For all state-owned lands other than agricultural and forestal lands wherenutrient applications occur, state agencies, state colleges and universities,and other state governmental entities shall submit nutrient management plansprepared by a certified nutrient management planner pursuant to § 10.1-104.2and regulations promulgated thereunder or planning standards andspecifications acceptable to the Department.

B. Plans or planning standards and specifications submitted undersubdivisions A 1 and A 2 shall be reviewed and approved by the Department.Such approved plans and planning standards and specifications shall be ineffect for a maximum of three years, and shall be revised and submitted forapproval to the Department at least once every three years thereafter.

C. State agencies, state colleges and universities, and other stategovernmental entities shall maintain and properly implement any such nutrientmanagement plan or planning standards or specifications on all areas wherenutrients are applied.

D. The Department may (i) provide technical assistance and training on thedevelopment and implementation of a nutrient management plan, (ii) conductperiodic reviews as part of its responsibilities authorized under thissection, and (iii) assess an administrative charge to cover a portion of thecosts for services associated with its responsibilities authorized under thissection.

E. The Department shall develop written procedures for the development,submission, and the implementation of a nutrient management plan or planningstandards and specifications that shall be provided to all state agencies,state colleges and universities, and other state governmental entities thatown land upon which nutrients are applied.

(2005, c. 65.)