§ 26-156. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board and Virginia Soil and Water Conservation Board mean the state agency continued in Code of Virginia, § 10.1-502.

Clearing means any activity which removes the vegetative ground cover, including but not limited to root mat removal and/or topsoil removal.

Conservation plan, erosion and sediment control plan and plan mean a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit of land will be so treated to achieve the conservation objectives.

Conservation standard and standards mean the criteria, guidelines, techniques, and methods for the control of erosion and sedimentation.

Excavating means any digging, scooping or other methods of removing earth materials.

Filling means any deposition or stockpiling of earth materials.

Grading means any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition.

Land disturbing activity means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth, including but not limited to clearing, grading, excavating, transporting and filling of land, except that the term shall not include the following:

(1)

Minor land disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work;

(2)

Individual service connections;

(3)

Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided the land disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced;

(4)

Septic tank lines or drainage fields unless included in an overall plan for land disturbing activity relating to construction of the building to be served by the septic tank system;

(5)

Surface or deep mining;

(6)

Exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas;

(7)

Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Code of Virginia, § 10.1-1100 et seq., or is converted to bona fide agricultural or improved pasture use as described in Code of Virginia, § 10.1-1163(B);

(8)

Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;

(9)

Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act (Code of Virginia, § 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation;

(10)

Disturbed land areas of less than 10,000 square feet in size; however, the governing body of the program authority may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply;

(11)

Installation of fenceposts and signposts or telephone and electric poles and other kinds of posts or poles;

(12)

Shore erosion control projects on tidal waters when the projects are approved by local wetlands boards, the state marine resources commission or the United States Army Corps of Engineers; and

(13)

Emergency work to protect life, limb or property, and emergency repairs; however, if the land disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan approving authority.

Land disturbing permit means a permit issued by the town authorizing the applicant to undertake a land disturbing activity in accordance with this article.

Local erosion and sediment control program and local control program mean an outline of the various methods employed by a program authority to regulate land disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement and evaluation.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of this state, any interstate body or any other legal entity.

Program administrator means the town agent responsible for the proper administration and enforcement of the erosion and sediment control program.

Program authority means a district, county, city, or town which has adopted a soil erosion and sediment control program which has been approved by the board.

State erosion and sediment control program and state program mean the program administered by the board pursuant to this article, including regulations designed to minimize erosion and sedimentation.

Transporting means any moving of earth materials from one place to another, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth material to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs.

Virginia Erosion and Sediment Control Handbook means a document which was developed by the state soil and water conservation board, pursuant to Code of Virginia, § 10.1-561, containing minimum standards and specifications for erosion and sediment control practices and criteria and guidelines for the establishment of local erosion and sediment control programs.

(Code 1992, § 6-1)

Cross reference— Definitions generally, § 1-2.

State Law reference— Definitions, Code of Virginia, §§ 10.1-500, 10.1-560.

(Code 1992, § 6-1)

State law reference

Definitions, Code of Virginia, §§ 10.1-500, 10.1-560.

Cross reference

Definitions generally, § 1-2.