CODE OF VIRGINIA

RESOURCE MANAGEMENT PLANS; CRITERIA (§ 10.1-104.8)

A. The Soil and Water Conservation Board shall by regulation, and in
consultation with the Department of Agriculture and Consumer Services and the
Department of Environmental Quality, specify the criteria to be included in a
resource management plan.

B. The regulations shall:

   1.  Be technically achievable and take into consideration the economic impact
   to the agricultural landowner or operator;

   2.  Include (i) determinations of persons qualified to develop resource
   management plans and to perform on-farm best management practice assessments;
   (ii) plan approval or review procedures if determined necessary; (iii)
   allowable implementation timelines and schedules; (iv) determinations of the
   effective life of the resource management plans taking into consideration a
   change in or a transfer of the ownership or operation of the agricultural
   land, a material change in the agricultural operations, issuance of a new or
   modified total maximum daily load (TMDL) implementation plan for the
   Chesapeake Bay or other local total maximum daily load water quality
   requirements, and a determination pursuant to Chapter 4 (§ 3.2-400 et seq.)
   of Title 3.2 that an agricultural activity on the land is creating or will
   create pollution; (v) factors that necessitate renewal or new plan
   development; and (vi) a means to determine full implementation and compliance
   with the plans including reporting and verification;

   3.  Provide for a process by which an on-farm assessment of all reportable
   best management practices currently in place, whether as part of a cost-share
   program or through voluntary implementation, shall be conducted to determine
   their adequacy in achieving needed on-farm nutrient, sediment, and bacteria
   reductions;

   4.  Include agricultural best management practices sufficient to implement the
   Virginia Chesapeake Bay TMDL Watershed Implementation Plan and other local
   total maximum daily load water quality requirements of the Commonwealth; and

   5.  Specify that the required components of each resource management plan
   shall be based upon an individual on-farm assessment. Such components shall
   comply with on-farm water quality objectives as set forth in subdivision B 4,
   including best management practices identified in this subdivision and any
   other best management practices approved by the Board or identified in the
   Chesapeake Bay Watershed Model or the Virginia Chesapeake Bay TMDL Watershed
   Implementation Plan.
               
               
            

      a.  For all cropland or specialty crops such components shall include the
      following, as needed and based upon an individual on-farm assessment:
                     
                     
                     
                  

         (1.  A nutrient management plan that meets the nutrient management
         specifications developed by the Department;

         (2.  A forest or grass buffer between cropland and perennial streams of
         sufficient width to meet water quality objectives and consistent with
         Natural Resources Conservation Service standards and specifications;

         (3.  A soil conservation plan that achieves a maximum soil loss rate of
         “T,” as defined by the Natural Resources Conservation Service;
         and

         (4.  Cover crops meeting best management practice specifications as
         determined by the Natural Resources Conservation Service or the Virginia
         Agricultural Best Management Practices Cost-Share Program.

      b.  For all hayland, such components shall include the following, as needed
      and based upon an individual on-farm assessment:
                     
                     
                  

         (1.  A nutrient management plan that meets the nutrient management
         specifications developed by the Department;

         (2.  A forest or grass buffer between cropland and perennial streams of
         sufficient width to meet water quality objectives and consistent with
         Natural Resources Conservation Service standards and specifications; and

         (3.  A soil conservation plan that achieves a maximum soil loss rate of
         “T,” as defined by the Natural Resources Conservation Service.

      c.  For all pasture, such components shall include the following, as needed
      and based upon an individual on-farm assessment:
                     
                     
                  

         (1.  A nutrient management plan that meets the nutrient management
         specifications developed by the Department;

         (2.  A system that limits or prevents livestock access to perennial
         streams; and

         (3.  A pasture management plan or soil conservation plan that achieves a
         maximum soil loss rate of “T,” as defined by the Natural
         Resources Conservation Service.

HISTORY: 2011, c. 781.