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.

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.

Effects Tidewater counties & cities

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