{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-104.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-104.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-104.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-104.7.html"}],"law_id":76236,"edition_id":1,"section_id":76236,"structure_id":16232,"section_number":"10.1-104.7","catch_line":"Resource management plans; effect of implementation; exclusions","history":"2011, c. 781; 2015, cc. 27, 169; 2017, c. 616.","full_text":"A\n\nNotwithstanding any other provision of law, agricultural landowners or operators who fully implement and maintain the applicable components of their resource management plan, in accordance with the criteria for such plans set out in § 10.1-104.8 and any regulations adopted thereunder, shall be deemed to be in full compliance with (i) any load allocation contained in a total maximum daily load (TMDL) established under § 303(d) of the federal Clean Water Act addressing benthic, bacteria, nutrient, or sediment impairments; (ii) any requirements of the Virginia Chesapeake Bay TMDL Watershed Implementation Plan; and (iii) applicable state water quality requirements for nutrients and sediment.B\n\nThe presumption of full compliance provided in subsection A shall not prevent or preclude enforcement of provisions pursuant to (i) a resource management plan or a nutrient management plan otherwise required by law for such operation, (ii) a Virginia Pollutant Discharge Elimination System permit, (iii) a Virginia Pollution Abatement permit, or (iv) requirements of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.).C\n\nLandowners or operators who implement and maintain a resource management plan in accordance with this article shall be eligible for matching grants for agricultural best management practices provided through the Virginia Agricultural Best Management Practices Cost-Share Program administered by the Department in accordance with program eligibility rules and requirements. Such landowners and operators may also be eligible for state tax credits in accordance with §§ 58.1-339.3 and 58.1-439.5.D\n\nNothing in this article shall be construed to limit, modify, impair, or supersede the authority granted to the Commissioner of Agriculture and Consumer Services pursuant to Chapter 4 (§ 3.2-400 et seq.) of Title 3.2.E\n\nAny personal or proprietary information collected pursuant to this article shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except that the Director may release information that has been transformed into a statistical or aggregate form that does not allow identification of the persons who supplied, or are the subject of, particular information. This subsection shall not preclude the application of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) in all other instances of federal or state regulatory actions. Pursuant to subdivision 45 of § 2.2-3711, public bodies may hold closed meetings for discussion or consideration of certain records excluded from the provisions of this article and the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","order_by":null,"text":{"0":{"id":273726,"text":"Notwithstanding any other provision of law, agricultural landowners or operators who fully implement and maintain the applicable components of their resource management plan, in accordance with the criteria for such plans set out in § 10.1-104.8 and any regulations adopted thereunder, shall be deemed to be in full compliance with (i) any load allocation contained in a total maximum daily load (TMDL) established under § 303(d) of the federal Clean Water Act addressing benthic, bacteria, nutrient, or sediment impairments; (ii) any requirements of the Virginia Chesapeake Bay TMDL Watershed Implementation Plan; and (iii) applicable state water quality requirements for nutrients and sediment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273727,"text":"The presumption of full compliance provided in subsection A shall not prevent or preclude enforcement of provisions pursuant to (i) a resource management plan or a nutrient management plan otherwise required by law for such operation, (ii) a Virginia Pollutant Discharge Elimination System permit, (iii) a Virginia Pollution Abatement permit, or (iv) requirements of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":273728,"text":"Landowners or operators who implement and maintain a resource management plan in accordance with this article shall be eligible for matching grants for agricultural best management practices provided through the Virginia Agricultural Best Management Practices Cost-Share Program administered by the Department in accordance with program eligibility rules and requirements. Such landowners and operators may also be eligible for state tax credits in accordance with §§ 58.1-339.3 and 58.1-439.5.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":273729,"text":"Nothing in this article shall be construed to limit, modify, impair, or supersede the authority granted to the Commissioner of Agriculture and Consumer Services pursuant to Chapter 4 (§ 3.2-400 et seq.) of Title 3.2.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":273730,"text":"Any personal or proprietary information collected pursuant to this article shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except that the Director may release information that has been transformed into a statistical or aggregate form that does not allow identification of the persons who supplied, or are the subject of, particular information. This subsection shall not preclude the application of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) in all other instances of federal or state regulatory actions. Pursuant to subdivision 45 of § 2.2-3711, public bodies may hold closed meetings for discussion or consideration of certain records excluded from the provisions of this article and the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16232,"edition_id":1,"name":"Resource Management Plans","identifier":"1.1","label":"article","depth":4,"order_by":1,"parent_id":13383,"metadata":{},"date_created":"2026-06-26 04:10:22","date_modified":"2026-06-26 04:10:22","permalink":{"id":143385,"object_type":"structure","relational_id":16232,"identifier":"1.1","token":"10.1\/I\/1\/1.1","url":"\/10.1\/I\/1\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13383,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":12893,"metadata":{},"date_created":"2026-06-26 03:44:45","date_modified":"2026-06-26 03:44:45","permalink":{"id":143317,"object_type":"structure","relational_id":13383,"identifier":"1","token":"10.1\/I\/1","url":"\/10.1\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12893,"edition_id":1,"name":"Activities Administered by the Department of Conservation and Recreation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":143315,"object_type":"structure","relational_id":12893,"identifier":"I","token":"10.1\/I","url":"\/10.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76236,"structure_id":16232,"section_number":"10.1-104.7","catch_line":"Resource management plans; effect of implementation; exclusions","url":"\/10.1-104.7\/","token":"10.1\/I\/1\/1.1\/10.1-104.7","metadata":false},{"id":71820,"structure_id":16232,"section_number":"10.1-104.8","catch_line":"Resource management plans; criteria","url":"\/10.1-104.8\/","token":"10.1\/I\/1\/1.1\/10.1-104.8","metadata":false},{"id":65304,"structure_id":16232,"section_number":"10.1-104.9","catch_line":"Regulations under this article","url":"\/10.1-104.9\/","token":"10.1\/I\/1\/1.1\/10.1-104.9","metadata":false}],"next_section":{"id":71820,"structure_id":16232,"section_number":"10.1-104.8","catch_line":"Resource management plans; criteria","url":"\/10.1-104.8\/","token":"10.1\/I\/1\/1.1\/10.1-104.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-104.7\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapter 781<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2015, chapters 27<\/a> and 169<\/a>; in 2017, chapter 616<\/a>.<\/p>","references":[{"id":59772,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","order_by":null,"url":"\/2.2-3705.6\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"}],"refers_to":[{"id":71820,"section_number":"10.1-104.8","catch_line":"Resource management plans; criteria","order_by":null,"url":"\/10.1-104.8\/"},{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"},{"id":55834,"section_number":"3.2-400","catch_line":"Definitions","order_by":null,"url":"\/3.2-400\/"},{"id":65078,"section_number":"58.1-339.3","catch_line":"Agricultural best management practices tax credit","order_by":null,"url":"\/58.1-339.3\/"},{"id":72347,"section_number":"62.1-44.15:67","catch_line":"Cooperative state-local program","order_by":null,"url":"\/62.1-44.15_67\/"}],"permalink":{"id":143387,"object_type":"law","relational_id":76236,"identifier":"10.1-104.7","token":"10.1\/I\/1\/1.1\/10.1-104.7","url":"\/10.1-104.7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-104.7\/","token":"10.1\/I\/1\/1.1\/10.1-104.7","dublin_core":{"Title":"Resource management plans; effect of implementation; exclusions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-104.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span>, agricultural landowners or operators who fully implement and maintain the applicable components of their resource management plan, in accordance with the criteria for such plans set out in § 10.1-104.8<\/a> and any regulations adopted thereunder, shall be deemed to be in full compliance with (i) any load allocation contained in a total maximum daily load (TMDL) established under § 303(d) of the federal Clean Water Act addressing benthic, bacteria, nutrient, or sediment impairments; (ii) any requirements of the Virginia Chesapeake Bay TMDL Watershed Implementation Plan; and (iii) applicable state water quality requirements for nutrients and sediment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The presumption<\/span> of full compliance provided in subsection A shall not prevent or preclude enforcement of provisions pursuant to (i) a resource management plan or a nutrient management plan otherwise required by law<\/span> for such operation, (ii) a Virginia Pollutant Discharge Elimination System permit, (iii) a Virginia Pollution Abatement permit, or (iv) requirements of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Landowners or operators who implement and maintain a resource management plan in accordance with this article shall be eligible for matching grants for agricultural best management practices provided through the Virginia Agricultural Best Management Practices Cost-Share Program administered by the Department<\/span> in accordance with program eligibility rules and requirements. Such landowners and operators may also be eligible for state tax credits in accordance with §§ 58.1-339.3<\/a> and 58.1-439.5<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this article shall be construed to limit, modify, impair, or supersede the authority granted to the Commissioner of Agriculture and Consumer Services pursuant to Chapter 4 (§ 3.2-400<\/a> et seq.) of Title 3.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any personal or proprietary information collected pursuant to this article shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.), except that the Director<\/span> may release information that has been transformed into a statistical or aggregate form that does not allow identification of the persons who supplied, or are the subject of, particular information. This subsection shall not preclude the application of the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.) in all other instances of federal or state regulatory actions. Pursuant to subdivision 45 of § 2.2-3711<\/a>, public bodies may hold closed meetings for discussion or consideration of certain records excluded from the provisions of this article and the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESOURCE MANAGEMENT PLANS; EFFECT OF IMPLEMENTATION; EXCLUSIONS (\u00a7 10.1-104.7)\n\nA. Notwithstanding any other provision of law, agricultural landowners or\noperators who fully implement and maintain the applicable components of their\nresource management plan, in accordance with the criteria for such plans set out\nin § 10.1-104.8 and any regulations adopted thereunder, shall be deemed to\nbe in full compliance with (i) any load allocation contained in a total maximum\ndaily load (TMDL) established under § 303(d) of the federal Clean Water Act\naddressing benthic, bacteria, nutrient, or sediment impairments; (ii) any\nrequirements of the Virginia Chesapeake Bay TMDL Watershed Implementation Plan;\nand (iii) applicable state water quality requirements for nutrients and\nsediment.\n\nB. The presumption of full compliance provided in subsection A shall not prevent\nor preclude enforcement of provisions pursuant to (i) a resource management plan\nor a nutrient management plan otherwise required by law for such operation, (ii)\na Virginia Pollutant Discharge Elimination System permit, (iii) a Virginia\nPollution Abatement permit, or (iv) requirements of the Chesapeake Bay\nPreservation Act (§ 62.1-44.15:67 et seq.).\n\nC. Landowners or operators who implement and maintain a resource management plan\nin accordance with this article shall be eligible for matching grants for\nagricultural best management practices provided through the Virginia\nAgricultural Best Management Practices Cost-Share Program administered by the\nDepartment in accordance with program eligibility rules and requirements. Such\nlandowners and operators may also be eligible for state tax credits in\naccordance with §§ 58.1-339.3 and 58.1-439.5.\n\nD. Nothing in this article shall be construed to limit, modify, impair, or\nsupersede the authority granted to the Commissioner of Agriculture and Consumer\nServices pursuant to Chapter 4 (§ 3.2-400 et seq.) of Title 3.2.\n\nE. Any personal or proprietary information collected pursuant to this article\nshall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et\nseq.), except that the Director may release information that has been\ntransformed into a statistical or aggregate form that does not allow\nidentification of the persons who supplied, or are the subject of, particular\ninformation. This subsection shall not preclude the application of the Virginia\nFreedom of Information Act (§ 2.2-3700 et seq.) in all other instances of\nfederal or state regulatory actions. Pursuant to subdivision 45 of §\n2.2-3711, public bodies may hold closed meetings for discussion or consideration\nof certain records excluded from the provisions of this article and the Virginia\nFreedom of Information Act (§ 2.2-3700 et seq.).\n\nHISTORY: 2011, c. 781; 2015, cc. 27, 169; 2017, c. 616.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}