CODE OF VIRGINIA

NUTRIENT MANAGEMENT PLANS REQUIRED FOR GOLF COURSES; PENALTY (§ 10.1-104.5)

A. On or before July 1, 2017, all persons that own land operated as a golf
course and upon which fertilizer, manure, sewage sludge, or other compounds
containing nitrogen or phosphorous are applied to support turf, plant growth, or
other uses shall develop and implement nutrient management plans for such land
in accordance with the regulations adopted pursuant to § 10.1-104.2. However,
such lands shall be exempt from the application rate and timing provisions
contained in any regulations developed pursuant to § 10.1-104.2 if research
involving nutrient application rate and timing is conducted on such lands.

B. Nutrient management plans developed pursuant to this section shall be
submitted to the Department. The Department shall approve or contingently
approve such nutrient management plans within 30 days of submission. Such
nutrient management plans shall be revised and resubmitted for approval to the
Department every five years thereafter or upon a major renovation or redesign of
the golf course lands, whichever occurs sooner.

C. Golf courses shall maintain and properly implement approved nutrient
management plans, planning standards, and specifications on all areas where
nutrients are applied.

D. Nutrient management plans shall be made available to the Department upon
request.

E. The Department shall (i) provide technical assistance and training on the
development and implementation of nutrient management plans, planning standards,
and specifications and (ii) establish, prior to July 1, 2015, a cost-share
program specific to golf courses for implementation of this section.

F. Any information collected pursuant to this section shall be exempt from the
Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

G. A golf course owner found to be in violation of this section after July 1,
2017, shall be given 90 days to submit a nutrient management plan to the
Department for approval before a $ 250 civil penalty is imposed. All civil
penalties imposed under this section shall be deposited in the Nutrient
Management Training and Certification Fund (§ 10.1-104.2).

H. Golf courses in compliance with this section shall not be subject to local
ordinances governing the use or application of fertilizer.

HISTORY: 2011, cc. 341, 353.