§ 26-161. Regulated activities.

(a)

Except as provided in subsections (b), (c) and (d) of this section, no person shall engage in any land disturbing activity until he has submitted to the program administrator an erosion and sediment control plan and until that plan has been approved and a land disturbing permit has been issued for such activity.

(b)

Any person who owns, occupies or operates private agricultural, horticultural or forest lands shall be exempt from the sections of this article for land disturbing activities which result from the tilling, planting or harvesting of agricultural, horticultural or forest crops.

(c)

Any state agency that undertakes a project involving a land disturbing activity shall be exempt from this article. All land disturbing projects which are undertaken by state agencies shall be reviewed and approved by the state soil and water conservation board.

(d)

Any person whose land disturbing activities involve lands which extend into the jurisdiction of another local erosion and sediment control program shall not be required to submit proposed erosion and sediment control plans to the program administrator, provided such person has a plan which has been approved by the state soil and water conservation board.

(e)

Whenever a land disturbing activity is proposed to be conducted by a contractor performing construction work, pursuant to a construction contract, the preparation, submission and approval of the required erosion and sediment control plan shall be the responsibility of the owner of the land.

(Code 1992, § 6-6)

State Law reference— Similar provisions, Code of Virginia, § 10.1-563; state agency projects, Code of Virginia, § 10.1-564.

(Code 1992, § 6-6)

State law reference

Similar provisions, Code of Virginia, § 10.1-563; state agency projects, Code of Virginia, § 10.1-564.