10.1-560 - Definitions.
§ 10.1-560. Definitions.
As used in this article, unless the context requires a different meaning:
"Agreement in lieu of a plan" means a contract between the plan-approvingauthority and the owner that specifies conservation measures that must beimplemented in the construction of a single-family residence; this contractmay be executed by the plan-approving authority in lieu of a formal site plan.
"Applicant" means any person submitting an erosion and sediment controlplan for approval or requesting the issuance of a permit, when required,authorizing land-disturbing activities to commence.
"Certified inspector" means an employee or agent of a program authority who(i) holds a certificate of competence from the Board in the area of projectinspection or (ii) is enrolled in the Board's training program for projectinspection and successfully completes such program within one year afterenrollment.
"Certified plan reviewer" means an employee or agent of a program authoritywho (i) holds a certificate of competence from the Board in the area of planreview, (ii) is enrolled in the Board's training program for plan review andsuccessfully completes such program within one year after enrollment, or(iii) is licensed as a professional engineer, architect, landscape architect,or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 ofTitle 54.1.
"Certified program administrator" means an employee or agent of a programauthority who (i) holds a certificate of competence from the Board in thearea of program administration or (ii) is enrolled in the Board's trainingprogram for program administration and successfully completes such programwithin one year after enrollment.
"Conservation plan," "erosion and sediment control plan," or "plan"means a document containing material for the conservation of soil and waterresources of a unit or group of units of land. It may include appropriatemaps, an appropriate soil and water plan inventory and management informationwith needed interpretations, and a record of decisions contributing toconservation treatment. The plan shall contain all major conservationdecisions to assure that the entire unit or units of land will be so treatedto achieve the conservation objectives.
"District" or "soil and water conservation district" means a politicalsubdivision of the Commonwealth organized in accordance with the provisionsof Article 3 (§ 10.1-506 et seq.) of this chapter.
"Erosion impact area" means an area of land not associated with currentland-disturbing activity but subject to persistent soil erosion resulting inthe delivery of sediment onto neighboring properties or into state waters.This definition shall not apply to any lot or parcel of land of 10,000 squarefeet or less used for residential purposes or to shorelines where the erosionresults from wave action or other coastal processes.
"Land-disturbing activity" means any land change that may result in soilerosion from water or wind and the movement of sediments into state waters oronto lands in the Commonwealth, including, but not limited to, clearing,grading, excavating, transporting and filling of land, except that the termshall not include:
1. Minor land-disturbing activities such as home gardens and individual homelandscaping, repairs and maintenance work;
2. Individual service connections;
3. Installation, maintenance, or repair of any underground public utilitylines when such activity occurs on an existing hard surfaced road, street orsidewalk provided the land-disturbing activity is confined to the area of theroad, street or sidewalk that is hard surfaced;
4. Septic tank lines or drainage fields unless included in an overall planfor land-disturbing activity relating to construction of the building to beserved by the septic tank system;
5. Surface or deep mining activities authorized under a permit issued by theDepartment of Mines, Minerals and Energy;
6. Exploration or drilling for oil and gas including the well site, roads,feeder lines and off-site disposal areas;
7. Tilling, planting, or harvesting of agricultural, horticultural, or forestcrops, or livestock feedlot operations; including engineering operations asfollows: construction of terraces, terrace outlets, check dams, desiltingbasins, dikes, ponds, ditches, strip cropping, lister furrowing, contourcultivating, contour furrowing, land drainage and land irrigation; however,this exception shall not apply to harvesting of forest crops unless the areaon which harvesting occurs is reforested artificially or naturally inaccordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of thistitle or is converted to bona fide agricultural or improved pasture use asdescribed in subsection B of § 10.1-1163;
8. Repair or rebuilding of the tracks, right-of-way, bridges, communicationfacilities and other related structures and facilities of a railroad company;
9. Agricultural engineering operations including but not limited to theconstruction of terraces, terrace outlets, check dams, desilting basins,dikes, ponds not required to comply with the provisions of the Dam SafetyAct, Article 2 (§ 10.1-604 et seq.) of Chapter 6 of this title, ditches,strip cropping, lister furrowing, contour cultivating, contour furrowing,land drainage and land irrigation;
10. Disturbed land areas of less than 10,000 square feet in size; however,the governing body of the program authority may reduce this exception to asmaller area of disturbed land or qualify the conditions under which thisexception shall apply;
11. Installation of fence and sign posts or telephone and electric poles andother kinds of posts or poles;
12. Shoreline erosion control projects on tidal waters when all of the landdisturbing activities are within the regulatory authority of and approved bylocal wetlands boards, the Marine Resources Commission or the United StatesArmy Corps of Engineers; however, any associated land that is disturbedoutside of this exempted area shall remain subject to this article and theregulations adopted pursuant thereto; and
13. Emergency work to protect life, limb or property, and emergency repairs;however, if the land-disturbing activity would have required an approvederosion and sediment control plan, if the activity were not an emergency,then the land area disturbed shall be shaped and stabilized in accordancewith the requirements of the plan-approving authority.
"Local erosion and sediment control program" or "local control program"means an outline of the various methods employed by a program authority toregulate land-disturbing activities and thereby minimize erosion andsedimentation in compliance with the state program and may include such itemsas local ordinances, policies and guidelines, technical materials,inspection, enforcement and evaluation.
"Natural channel design concepts" means the utilization of engineeringanalysis and fluvial geomorphic processes to create, rehabilitate, restore,or stabilize an open conveyance system for the purpose of creating orrecreating a stream that conveys its bankfull storm event within its banksand allows larger flows to access its bankfull bench and its floodplain.
"Owner" means the owner or owners of the freehold of the premises or lesserestate therein, a mortgagee or vendee in possession, assignee of rents,receiver, executor, trustee, lessee or other person, firm or corporation incontrol of a property.
"Peak flow rate" means the maximum instantaneous flow from a given stormcondition at a particular location.
"Permittee" means the person to whom the permit authorizing land-disturbingactivities is issued or the person who certifies that the approved erosionand sediment control plan will be followed.
"Person" means any individual, partnership, firm, association, jointventure, public or private corporation, trust, estate, commission, board,public or private institution, utility, cooperative, county, city, town, orother political subdivision of the Commonwealth, any interstate body, or anyother legal entity.
"Plan-approving authority" means the Board, the program authority, or adepartment of a program authority, responsible for determining the adequacyof a conservation plan submitted for land-disturbing activities on a unit orunits of lands and for approving plans.
"Program authority" means a district, county, city, or town that hasadopted a soil erosion and sediment control program that has been approved bythe Board.
"Runoff volume" means the volume of water that runs off the landdevelopment project from a prescribed storm event.
"State erosion and sediment control program" or "state program" means theprogram administered by the Board pursuant to this article, includingregulations designed to minimize erosion and sedimentation.
"State waters" means all waters on the surface and under the ground whollyor partially within or bordering the Commonwealth or within its jurisdiction.
"Town" means an incorporated town.
"Water quality volume" means the volume equal to the first one-half inch ofrunoff multiplied by the impervious surface of the land development project.
(1973, c. 486, § 21-89.3; 1974, c. 265; 1977, c. 149; 1980, c. 305; 1988, cc.690, 732, 891; 1990, c. 491; 1991, c. 469; 1992, c. 184; 1993, c. 925; 1994,c. 703; 2003, c. 423; 2004, c. 476; 2005, c. 107; 2006, c. 21; 2009, c. 309.)