{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-104.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-104.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-104.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-104.html"}],"law_id":59850,"edition_id":1,"section_id":59850,"structure_id":15449,"section_number":"10.1-104","catch_line":"Powers of the Department","history":"1984, c. 739, \u00a7\u00a7 10-21.3:4, 10-21.3:5; 1984, c. 750, \u00a7 10-254; 1985, c. 448; 1988, c. 891; 2001, c. 370; 2007, c. 632; 2009, c. 392; 2012, cc. 803, 835.","full_text":"A\n\nThe Department shall have the following powers, which may be delegated by the Director:1\n\nTo employ such personnel as may be required to carry out those duties conferred by law;2\n\nTo make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, including but not limited to contracts with private nonprofit organizations, the United States, other state agencies and political subdivisions of the Commonwealth;3\n\nTo accept bequests and gifts of real and personal property as well as endowments, funds, and grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable;4\n\nTo prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred by law;5\n\nTo establish noncompetitively procured contracts, notwithstanding the Virginia Public Procurement Act (§ 2.2-4300 et seq.), with private nonprofit organizations that are exempt from federal taxation, to conduct revenue producing activities on Department lands provided the revenue generated after expenses is used to benefit Virginia State Parks and the Natural Area Preserve System. This subsection shall not provide for establishing contracts for capital improvements to state-owned facilities or on Department lands;6\n\nTo establish the Office of Environmental Education to provide increased opportunities for public education programs on environmental issues. The Office shall initiate and supervise programs designed to educate citizens on ecology, pollution and its control, technology and its relationship to environmental problems and their solutions, population and its relationship to environmental problems, and other matters concerning environmental quality;7\n\nTo perform acts necessary or convenient to carry out the duties conferred by law; and8\n\nTo assess civil penalties for violations of § 10.1-200.3.B\n\nPursuant to the Administrative Process Act (§ 2.2-4000 et seq.), the Department may promulgate regulations necessary to carry out the purposes and provisions of this subtitle. A violation of any regulation shall constitute a Class 1 misdemeanor, unless a different penalty is prescribed by the Code of Virginia. However, a violation of the Virginia State Park Regulations (4VAC5-30) shall constitute a Class 3 misdemeanor.","order_by":null,"text":{"0":{"id":219233,"text":"The Department shall have the following powers, which may be delegated by the Director:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":219234,"text":"To employ such personnel as may be required to carry out those duties conferred by law;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":219235,"text":"To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, including but not limited to contracts with private nonprofit organizations, the United States, other state agencies and political subdivisions of the Commonwealth;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":219236,"text":"To accept bequests and gifts of real and personal property as well as endowments, funds, and grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":219237,"text":"To prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred by law;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":219238,"text":"To establish noncompetitively procured contracts, notwithstanding the Virginia Public Procurement Act (§ 2.2-4300 et seq.), with private nonprofit organizations that are exempt from federal taxation, to conduct revenue producing activities on Department lands provided the revenue generated after expenses is used to benefit Virginia State Parks and the Natural Area Preserve System. This subsection shall not provide for establishing contracts for capital improvements to state-owned facilities or on Department lands;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":219239,"text":"To establish the Office of Environmental Education to provide increased opportunities for public education programs on environmental issues. The Office shall initiate and supervise programs designed to educate citizens on ecology, pollution and its control, technology and its relationship to environmental problems and their solutions, population and its relationship to environmental problems, and other matters concerning environmental quality;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":219240,"text":"To perform acts necessary or convenient to carry out the duties conferred by law; and","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":219241,"text":"To assess civil penalties for violations of § 10.1-200.3.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":219242,"text":"Pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), the Department may promulgate regulations necessary to carry out the purposes and provisions of this subtitle. A violation of any regulation shall constitute a Class 1 misdemeanor, unless a different penalty is prescribed by the Code of Virginia. However, a violation of the Virginia State Park Regulations (4VAC5-30) shall constitute a Class 3 misdemeanor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8"}},"ancestry":[{"id":15449,"edition_id":1,"name":"Department of Conservation and Recreation","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13383,"metadata":{},"date_created":"2026-06-26 03:55:07","date_modified":"2026-06-26 03:55:07","permalink":{"id":143319,"object_type":"structure","relational_id":15449,"identifier":"1","token":"10.1\/I\/1\/1","url":"\/10.1\/I\/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":80913,"structure_id":15449,"section_number":"10.1-100","catch_line":"Definitions","url":"\/10.1-100\/","token":"10.1\/I\/1\/1\/10.1-100","metadata":false},{"id":58849,"structure_id":15449,"section_number":"10.1-101","catch_line":"Department continued; appointment of Director","url":"\/10.1-101\/","token":"10.1\/I\/1\/1\/10.1-101","metadata":false},{"id":58860,"structure_id":15449,"section_number":"10.1-102","catch_line":"Powers and duties of Director","url":"\/10.1-102\/","token":"10.1\/I\/1\/1\/10.1-102","metadata":false},{"id":83293,"structure_id":15449,"section_number":"10.1-103","catch_line":"Organization of the Department","url":"\/10.1-103\/","token":"10.1\/I\/1\/1\/10.1-103","metadata":false},{"id":59850,"structure_id":15449,"section_number":"10.1-104","catch_line":"Powers of the Department","url":"\/10.1-104\/","token":"10.1\/I\/1\/1\/10.1-104","metadata":false},{"id":83147,"structure_id":15449,"section_number":"10.1-104.01","catch_line":"Repealed","url":"\/10.1-104.01\/","token":"10.1\/I\/1\/1\/10.1-104.01","metadata":false},{"id":82104,"structure_id":15449,"section_number":"10.1-104.02","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/10.1-104.02\/","token":"10.1\/I\/1\/1\/10.1-104.02","metadata":false},{"id":73665,"structure_id":15449,"section_number":"10.1-104.1","catch_line":"Department to assist in the nonpoint source pollution management program","url":"\/10.1-104.1\/","token":"10.1\/I\/1\/1\/10.1-104.1","metadata":false},{"id":64547,"structure_id":15449,"section_number":"10.1-104.2","catch_line":"Voluntary nutrient management training and certification program","url":"\/10.1-104.2\/","token":"10.1\/I\/1\/1\/10.1-104.2","metadata":false},{"id":63863,"structure_id":15449,"section_number":"10.1-104.2:1","catch_line":"Nitrogen application rates; regulations","url":"\/10.1-104.2_1\/","token":"10.1\/I\/1\/1\/10.1-104.2_1","metadata":false},{"id":86918,"structure_id":15449,"section_number":"10.1-104.3","catch_line":"Clean Water Farm Award Program","url":"\/10.1-104.3\/","token":"10.1\/I\/1\/1\/10.1-104.3","metadata":false},{"id":75706,"structure_id":15449,"section_number":"10.1-104.4","catch_line":"Nutrient management plans required for state lands; review of plans","url":"\/10.1-104.4\/","token":"10.1\/I\/1\/1\/10.1-104.4","metadata":false},{"id":80035,"structure_id":15449,"section_number":"10.1-104.5","catch_line":"Nutrient management plans required for golf courses; penalty","url":"\/10.1-104.5\/","token":"10.1\/I\/1\/1\/10.1-104.5","metadata":false},{"id":63499,"structure_id":15449,"section_number":"10.1-104.6","catch_line":"Supplemental environmental projects","url":"\/10.1-104.6\/","token":"10.1\/I\/1\/1\/10.1-104.6","metadata":false},{"id":61044,"structure_id":15449,"section_number":"10.1-104.6:1","catch_line":"ConserveVirginia program established","url":"\/10.1-104.6_1\/","token":"10.1\/I\/1\/1\/10.1-104.6_1","metadata":false},{"id":63217,"structure_id":15449,"section_number":"10.1-104.6:2","catch_line":"Invasive plant species","url":"\/10.1-104.6_2\/","token":"10.1\/I\/1\/1\/10.1-104.6_2","metadata":false}],"previous_section":{"id":83293,"structure_id":15449,"section_number":"10.1-103","catch_line":"Organization of the Department","url":"\/10.1-103\/","token":"10.1\/I\/1\/1\/10.1-103","metadata":false},"next_section":{"id":83147,"structure_id":15449,"section_number":"10.1-104.01","catch_line":"Repealed","url":"\/10.1-104.01\/","token":"10.1\/I\/1\/1\/10.1-104.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-104\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 739 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. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1984, chapter 750; in 1985, chapter 448; in 1988, chapter 891; in 2001, chapter 370<\/a>; in 2007, chapter 632<\/a>; in 2009, chapter 392<\/a>; in 2012, chapters 803<\/a> and 835<\/a>.<\/p>","references":[{"id":65516,"section_number":"10.1-200.2","catch_line":"Littering in state parks; civil penalty","order_by":null,"url":"\/10.1-200.2\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"}],"permalink":{"id":143337,"object_type":"law","relational_id":59850,"identifier":"10.1-104","token":"10.1\/I\/1\/1\/10.1-104","url":"\/10.1-104\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-104\/","token":"10.1\/I\/1\/1\/10.1-104","dublin_core":{"Title":"Powers of the Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-104","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> shall have the following powers, which may be delegated by the Director<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To employ such personnel as may be required to carry out those duties conferred by law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To make and enter into all contracts<\/span> and agreements necessary or incidental to the performance of its duties and the execution of its powers, including but not limited to contracts<\/span> with private nonprofit organizations, the United States, other state agencies and political subdivisions of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To accept bequests and gifts of real and personal property as well as endowments, funds, and grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department<\/span> shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred by law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To establish noncompetitively procured contracts<\/span>, notwithstanding the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.), with private nonprofit organizations that are exempt from federal taxation, to conduct revenue producing activities on Department<\/span> lands provided the revenue generated after expenses is used to benefit Virginia State Parks and the Natural Area Preserve System. This subsection shall not provide for establishing contracts<\/span> for capital improvements to state-owned facilities or on Department<\/span> lands; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To establish the Office of Environmental Education to provide increased opportunities for public education programs on environmental issues<\/span>. The Office shall initiate and supervise programs designed to educate citizens on ecology, pollution and its control, technology and its relationship to environmental problems and their solutions, population and its relationship to environmental problems, and other matters concerning environmental quality; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To perform acts necessary or convenient to carry out the duties conferred by law<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> To assess civil penalties for violations of § 10.1-200.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Pursuant to the Administrative Process Act (§ 2.2-4000<\/a> et seq.), the Department<\/span> may promulgate regulations necessary to carry out the purposes and provisions of this subtitle. A violation of any regulation shall constitute a Class 1 misdemeanor<\/span>, unless a different penalty<\/span> is prescribed by the Code of Virginia. However, a violation of the Virginia State Park Regulations (4VAC5-30) shall constitute a Class 3 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS OF THE DEPARTMENT (\u00a7 10.1-104)\n\nA. The Department shall have the following powers, which may be delegated by the\nDirector:\n\n 1. To employ such personnel as may be required to carry out those duties\n conferred by law;\n\n 2. To make and enter into all contracts and agreements necessary or incidental\n to the performance of its duties and the execution of its powers, including\n but not limited to contracts with private nonprofit organizations, the United\n States, other state agencies and political subdivisions of the Commonwealth;\n\n 3. To accept bequests and gifts of real and personal property as well as\n endowments, funds, and grants from the United States government, its agencies\n and instrumentalities, and any other source. To these ends, the Department\n shall have the power to comply with such conditions and execute such\n agreements as may be necessary, convenient or desirable;\n\n 4. To prescribe rules and regulations necessary or incidental to the\n performance of duties or execution of powers conferred by law;\n\n 5. To establish noncompetitively procured contracts, notwithstanding the\n Virginia Public Procurement Act (§ 2.2-4300 et seq.), with private\n nonprofit organizations that are exempt from federal taxation, to conduct\n revenue producing activities on Department lands provided the revenue\n generated after expenses is used to benefit Virginia State Parks and the\n Natural Area Preserve System. This subsection shall not provide for\n establishing contracts for capital improvements to state-owned facilities or\n on Department lands;\n\n 6. To establish the Office of Environmental Education to provide increased\n opportunities for public education programs on environmental issues. The\n Office shall initiate and supervise programs designed to educate citizens on\n ecology, pollution and its control, technology and its relationship to\n environmental problems and their solutions, population and its relationship to\n environmental problems, and other matters concerning environmental quality;\n\n 7. To perform acts necessary or convenient to carry out the duties conferred\n by law; and\n\n 8. To assess civil penalties for violations of § 10.1-200.3.\n\nB. Pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), the\nDepartment may promulgate regulations necessary to carry out the purposes and\nprovisions of this subtitle. A violation of any regulation shall constitute a\nClass 1 misdemeanor, unless a different penalty is prescribed by the Code of\nVirginia. However, a violation of the Virginia State Park Regulations (4VAC5-30)\nshall constitute a Class 3 misdemeanor.\n\nHISTORY: 1984, c. 739, \u00a7\u00a7 10-21.3:4, 10-21.3:5; 1984, c. 750, \u00a7 10-254; 1985,\nc. 448; 1988, c. 891; 2001, c. 370; 2007, c. 632; 2009, c. 392; 2012, cc. 803,\n835.","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}}