10.1-564 - State agency projects.
§ 10.1-564. State agency projects.
A. A state agency shall not undertake a project involving a land-disturbingactivity unless (i) the state agency has submitted annual specifications forits conduct of land-disturbing activities which have been reviewed andapproved by the Department as being consistent with the state program or (ii)the state agency has submitted a conservation plan for the project which hasbeen reviewed and approved by the Department.
B. The Department shall not approve a conservation plan submitted by afederal or state agency for a project involving a land-disturbing activity(i) in any locality which has not adopted a local program with more stringentregulations than those of the state program or (ii) in multiple jurisdictionswith separate local programs, unless the conservation plan is consistent withthe requirements of the state program.
C. The Department shall not approve a conservation plan submitted by afederal or state agency for a project involving a land-disturbing activity inone locality with a local program with more stringent regulations than thoseof the state program unless the conservation plan is consistent with therequirements of the local program. If a locality has not submitted a copy ofits local program regulations to the Department, the provisions of subsectionB of this section shall apply.
D. The Department shall have sixty days in which to comment on anyspecifications or conservation plan submitted to it for review, and itscomments shall be binding on the state agency and any private business hiredby the state agency.
E. As on-site changes occur, the state agency shall submit changes in aconservation plan to the Department.
F. The state agency responsible for the land-disturbing activity shall ensurecompliance with the approved plan or specifications.
(1973, c. 486, § 21-89.6; 1979, c. 432; 1988, c. 891; 1993, c. 925.)