10.1-563 - Regulated land-disturbing activities; submission and approval of control plan.
§ 10.1-563. Regulated land-disturbing activities; submission and approval ofcontrol plan.
A. Except as provided in § 10.1-564, no person may engage in anyland-disturbing activity until he has submitted to the district or localityan erosion and sediment control plan for the land-disturbing activity and theplan has been reviewed and approved by the plan-approving authority. Whereland-disturbing activities involve lands under the jurisdiction of more thanone local control program an erosion and sediment control plan may, at theoption of the applicant, be submitted to the Board for review and approvalrather than to each jurisdiction concerned. Where the land-disturbingactivity results from the construction of a single-family residence, anagreement in lieu of a plan may be substituted for an erosion and sedimentcontrol plan if executed by the plan-approving authority.
B. The plan-approving authority shall review conservation plans submitted toit and grant written approval within 45 days of the receipt of the plan if itdetermines that the plan meets the requirements of the Board's regulationsand if the person responsible for carrying out the plan certifies that hewill properly perform the conservation measures included in the plan and willconform to the provisions of this article. In addition, as a prerequisite toengaging in the land-disturbing activities shown on the approved plan, theperson responsible for carrying out the plan shall provide the name of anindividual holding a certificate of competence to the program authority, asprovided by § 10.1-561, who will be in charge of and responsible for carryingout the land-disturbing activity. However, any plan-approving authority maywaive the certificate of competence requirement for an agreement in lieu of aplan for construction of a single family residence. If a violation occursduring the land-disturbing activity, then the person responsible for carryingout the agreement in lieu of a plan shall correct the violation and providethe name of an individual holding a certificate of competence, as provided by§ 10.1-561. Failure to provide the name of an individual holding acertificate of competence prior to engaging in land-disturbing activities mayresult in revocation of the approval of the plan and the person responsiblefor carrying out the plan shall be subject to the penalties provided in thisarticle.
When a plan is determined to be inadequate, written notice of disapprovalstating the specific reasons for disapproval shall be communicated to theapplicant within 45 days. The notice shall specify the modifications, termsand conditions that will permit approval of the plan. If no action is takenby the plan-approving authority within the time specified above, the planshall be deemed approved and the person authorized to proceed with theproposed activity.
C. An approved plan may be changed by the authority that approved the plan inthe following cases:
1. Where inspection has revealed that the plan is inadequate to satisfyapplicable regulations; or
2. Where the person responsible for carrying out the approved plan finds thatbecause of changed circumstances or for other reasons the approved plancannot be effectively carried out, and proposed amendments to the plan,consistent with the requirements of this article, are agreed to by theplan-approving authority and the person responsible for carrying out the plan.
D. Electric, natural gas and telephone utility companies, interstate andintrastate natural gas pipeline companies and railroad companies shall filegeneral erosion and sediment control specifications annually with the Boardfor review and approval. The specifications shall apply to:
1. Construction, installation or maintenance of electric transmission,natural gas and telephone utility lines and pipelines; and
2. Construction of the tracks, rights-of-way, bridges, communicationfacilities and other related structures and facilities of the railroadcompany.
The Board shall have 60 days in which to approve the specifications. If noaction is taken by the Board within 60 days, the specifications shall bedeemed approved. Individual approval of separate projects within subdivisions1 and 2 of this subsection is not necessary when approved specifications arefollowed. Projects not included in subdivisions 1 and 2 of this subsectionshall comply with the requirements of the appropriate local erosion andsediment control program. The Board shall have the authority to enforceapproved specifications.
E. Any person engaging, in more than one jurisdiction, in the creation andoperation of wetland mitigation or stream restoration banks, which have beenapproved and are operated in accordance with applicable federal and stateguidance, laws, or regulations for the establishment, use, and operation ofwetlands mitigation or stream restoration banks, pursuant to a mitigationbanking instrument signed by the Department of Environmental Quality, theMarine Resources Commission, or the U.S. Army Corps of Engineers, may, at theoption of that person, file general erosion and sediment controlspecifications for wetland mitigation or stream restoration banks annuallywith the Board for review and approval consistent with guidelines establishedby the Board.
The Board shall have 60 days in which to approve the specifications. If noaction is taken by the Board within 60 days, the specifications shall bedeemed approved. Individual approval of separate projects under thissubsection is not necessary when approved specifications are implementedthrough a project-specific erosion and sediment control plan. Projects notincluded in this subsection shall comply with the requirements of theappropriate local erosion and sediment control program. The Board shall havethe authority to enforce approved specifications. Approval of general erosionand sediment control specifications by the Board does not relieve the owneror operator from compliance with any other local ordinances and regulationsincluding requirements to submit plans and obtain permits as may be requiredby such ordinances and regulations.
F. In order to prevent further erosion a local program may require approvalof a conservation plan for any land identified in the local program as anerosion impact area.
G. For the purposes of subsections A and B of this section, whenland-disturbing activity will be required of a contractor performingconstruction work pursuant to a construction contract, the preparation,submission and approval of an erosion and sediment control plan shall be theresponsibility of the owner.
(1973, c. 486, § 21-89.6; 1979, c. 432; 1988, cc. 732, 891; 1993, c. 925;1999, c. 555; 2001, c. 490; 2003, cc. 827, 966; 2006, c. 466; 2008, c. 23.)