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NEPA, CWA, THE FARM BILL , THE BAY ACT, ESC, ASA, WQIA
Understanding Laws that Shape Virginia’s Soil and Water
Conservation Districts
defiance-county.com
National Environmental Policy Act
NEPArequires federal agencies to integrate
environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions
to meet NEPA requirements federal agencies prepare a detailed statement known as an Environmental Impact Statement (EIS)
www.epa.gov understandinggov.org
EPA reviews and comments on EISs prepared by other federal agencies, maintains a national filing system for all EISs, and assures that its own actions comply with NEPA
the public has an important role in the NEPA process in providing input on what issues should be addressed in an EIS and in commenting on the findings in an agency's NEPA documents
apps.roads.maryland.gov
The public can participate in the NEPA process by attending NEPA-related hearings or public meetings and by submitting comments directly to the lead agency
The lead agency must take into consideration all comments received from the public and other parties on NEPA documents during the comment period
Conservation Districts can provide information to the public on local NEPA-related hearings or public meetings- particularly those involved directly with conservation issues!
Clean Water Act
CWAestablishes the basic structure for regulating
discharges of pollutants into the waters of the United States and regulating quality standards for surface waters
Under the CWA, the Environmental Protection Agency (EPA) has implemented pollution control programs along with setting water quality standards for all contaminants in surface waters
www.epa.gov
The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained
Conservation Districts help implement programs that reduce water pollution, especially through BMPs
Food Security Act or “Farm Bill”
The Farm Billestablishes a comprehensive framework
within which the Secretary of Agriculture will administer agriculture and food programs
includes several provisions that contribute to the protection of wetlands promote the conservation of wetlands on agricultural
landscontains provisions that promote the
protection of wildlife habitat and water quality
www.ers.usda.gov wildlifelaw.unm.edu
links conservation to USDA program benefits
Many districts of VA include farmland, which are subject to the Farm Bill
Chesapeake Bay Preservation Act
The Bay ActThe official copy of the Bay Act can be found
on the Code of VA websiteApproval: 1988 VA General Assembly Objectives:
Tidewater Localities must adopt local ordinances in accordance w/ the Chesapeake Bay Preservation Area Designation and Management Regulations.
Tidewater Localities must identify, designate, and map Chesapeake Bay Preservation Areas.
Agricultural Criteria: Land upon which agricultural activities are being
conducted shall: Establish/Maintain a Vegetated Buffer Area between the
locally designated water resource and the farming activity. Have a Soil & Water Quality Conservation Assessment
conducted and/or a Soil & Water Quality Conservation Plan. Submit all applicable assessments and plans to the local
SWCD Board for review and approval.
Soil & Water Quality Conservation Assessment Evaluates the effectiveness of existing BMPs to protect
water quality. Assessment Areas include:
Nutrient Management Erosion Control Pesticide Management
Soil & Water Quality Conservation Plan Outlines the installation/implementation of additional
BMPs, necessary to protect water quality. BMPs outlined in the Bay Plan need only address those
conservation issues applicable to the tract or field.For additional information, visit
www.cblad.virginia.gov and VA’s DCR site
Chesapeake BayLocal Assistance Division
Division within VA DCRMotto: “Partnering with local governments to
protect the Chesapeake Bay and other state waters through sound land use management.”
Virginia Erosion and Sediment Control Law
ESCApproved in 1973. Title 10 of the Code of Virginia.
“Each District in the Commonwealth shall adopt and administer an erosion and sediment control program for any area within the District for which a county, city, or town does not have an approved Erosion and Sediment Control program.” Code of Virginia Title 10.1, Chapter 5 (Section 10.1-562).
State Program administered by VA DCR.Localities required to develop ESC
Ordinance.
District MAY be asked to perform the following ESC duties: Provide plan review services & Board designated
as Plan Review Authority. Provide on-site inspection services. Enforce compliance. Administer the entire program.
Program Goal = Control erosion, sedimentation, and non-ag. runoff from land-disturbing activities.
What is an ESC Plan? Consists of Narrative & Illustrative Maps Include Criteria, Techniques, & Policies that must be
followed to prevent erosion and sedimentation from construction sites.
State Law: > 10,000 sq. ft, but some localities stricter. Exemptions
http://www.dcr.virginia.gov/soil_&_water/e&s.shtml
Virginia Soil Conservation District Law
This is a very important piece of legislation for directors and staff It grants directors the authority to act on behalf of the
SWCD they representThis law is the most closely relating
legislation for Conservation DistrictsIt outlines all required responsibilities and
procedures of those involved with a districtA complete copy of the law is included in the
packet
Agricultural Stewardship Act
ASAState Law - 1996Administered by VDACS Objective: Work with Farmers and local
SWCDs to resolve, in a timely and commonsense manner, water quality problems reported to VDACS concerning nutrients, sediments, and toxins from agricultural activities.
Examples Of Water Quality Problems Nutrients from manure in feed lot runoff. Sediment from erosion on crop fields. Toxins from herbicide/pesticide runoff. Toxins from dead animal carcasses.
Complaints filed w/ VDACS Ag. Stewardship Division
Founded Complaint Voluntary Compliance to correct water quality problem
encouraged. ASA allows for legal action to be taken to accomplish
corrective action. Producer is required to develop a plan to correct. Implement plan within a specified time period, not to
exceed 18 mos. District Planning and Technical Assistance
Activities NOT covered by ASA VA DEQ Permitted Activities Forestry Activities Air Pollution Odor Concerns Landfills Waste problems that do not involve
agricultural products and that have no clear water quality impact
Districts MAY Assist with the investigation. Provide technical assistance on correction of the
problem(s). Develop the plan.
Districts are REQUIRED to Review the plan.
For more information visit: http://www.vdacs.virginia.gov/stewardship/act.shtmlhttp://www.vdacs.virginia.gov/stewardship/
A copy of ASA guidelines is included in the packet
Water Quality Improvement Act
WQIAPurpose: to restore and improve the quality of
state waters and to protect them from impairment and destruction for the benefit of current and future citizens of the Commonwealth of Virginia Section 10.1-2118 of the Code of Virginia
implemented to provide funding to address point and non-point source pollution within the Commonwealth
District’s receive cost-share money as a result of this Act