{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1188.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1188.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1188.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1188.html"}],"law_id":64699,"edition_id":1,"section_id":64699,"structure_id":12743,"section_number":"10.1-1188","catch_line":"State agencies to submit environmental impact reports on major projects","history":"1973, c. 384, \u00a7 10-17.108; 1974, c. 270, \u00a7 10.1-1208; 1977, c. 667; 1988, c. 891; 1991, c. 289; 1992, c. 887; 1997, c. 268; 2007, c. 896; 2008, cc. 45, 225, 473; 2012, cc. 846, 849; 2013, c. 758; 2021, Sp. Sess. I, c. 401; 2024, c. 830.","full_text":"A\n\nAll state agencies, boards, authorities, and commissions or any branch of the state government shall prepare and submit an environmental impact report to the Department on each major state project.\n\t\t\tFor the purposes of this section, “major state project” means the acquisition of an interest in land for any state facility construction, or the construction of any facility or expansion of an existing facility that is hereafter undertaken by any state agency, board, commission, or authority or any branch of state government, including public institutions of higher education, that costs $500,000 or more. For the purposes of this chapter, authority shall not include any industrial development authority created pursuant to the provisions of Chapter 49 (\u00a7 15.2-4900 et seq.) of Title 15.2 or Chapter 643, as amended, of the Acts of Assembly of 1964. Nor shall it include the Virginia Port Authority created pursuant to the provisions of \u00a7 62.1-128, unless such project is a capital project that costs in excess of $5 million. Nor shall authority include any housing development or redevelopment authority established pursuant to state law. For the purposes of this chapter, branch of state government shall include any county, city, or town of the Commonwealth only in connection with highway construction, reconstruction, or improvement projects affecting highways or roads undertaken by the county, city, or town on projects estimated to cost more than $2 million. For projects undertaken by any locality costing more than $500,000 and less than $2 million, the locality shall consult with the Department of Historic Resources to consider and make reasonable efforts to avoid or minimize impacts to historic resources if the project involves a new location or a new disturbance that extends outside the area or depth of a prior disturbance, or otherwise has the potential to affect such resources adversely.\n\t\t\tSuch environmental impact report shall include, but not be limited to, the following:1\n\nThe environmental impact of the major state project, including the impact on wildlife habitat;2\n\nAny adverse environmental effects that cannot be avoided if the major state project is undertaken;3\n\nMeasures proposed to minimize the impact of the major state project;4\n\nAny alternatives to the proposed construction;5\n\nAny irreversible environmental changes that would be involved in the major state project; and6\n\nIf required, a record of consultation with any federally recognized Tribal Nation in the Commonwealth that may be impacted by the major state project in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01 pursuant to § 10.1-1186.3:1. The record of consultation shall include the information provided to the federally recognized Tribal Nation in the Commonwealth, any feedback or response received by the federally recognized Tribal Nation in the Commonwealth, and a description of how the impact was considered or incorporated into the major state project.\n\t\t\t\tFor the purposes of subdivision 4, the report shall contain all alternatives considered and the reasons why the alternatives were rejected. If a report does not set forth alternatives, it shall state why alternatives were not considered.B\n\nFor purposes of this chapter, this subsection shall only apply to the review of highway and road construction projects or any part thereof. The Secretaries of Transportation and Natural and Historic Resources shall jointly establish procedures for review and comment by state natural and historic resource agencies of highway and road construction projects. Such procedures shall provide for review and comment on appropriate projects and categories of projects to address the environmental impact of the project, any adverse environmental effects that cannot be avoided if the project is undertaken, the measures proposed to minimize the impact of the project, any alternatives to the proposed construction, and any irreversible environmental changes that would be involved in the project.","order_by":null,"text":{"0":{"id":235460,"text":"All state agencies, boards, authorities, and commissions or any branch of the state government shall prepare and submit an environmental impact report to the Department on each major state project.\n\t\t\tFor the purposes of this section, “major state project” means the acquisition of an interest in land for any state facility construction, or the construction of any facility or expansion of an existing facility that is hereafter undertaken by any state agency, board, commission, or authority or any branch of state government, including public institutions of higher education, that costs $500,000 or more. For the purposes of this chapter, authority shall not include any industrial development authority created pursuant to the provisions of Chapter 49 (\u00a7 15.2-4900 et seq.) of Title 15.2 or Chapter 643, as amended, of the Acts of Assembly of 1964. Nor shall it include the Virginia Port Authority created pursuant to the provisions of \u00a7 62.1-128, unless such project is a capital project that costs in excess of $5 million. Nor shall authority include any housing development or redevelopment authority established pursuant to state law. For the purposes of this chapter, branch of state government shall include any county, city, or town of the Commonwealth only in connection with highway construction, reconstruction, or improvement projects affecting highways or roads undertaken by the county, city, or town on projects estimated to cost more than $2 million. For projects undertaken by any locality costing more than $500,000 and less than $2 million, the locality shall consult with the Department of Historic Resources to consider and make reasonable efforts to avoid or minimize impacts to historic resources if the project involves a new location or a new disturbance that extends outside the area or depth of a prior disturbance, or otherwise has the potential to affect such resources adversely.\n\t\t\tSuch environmental impact report shall include, but not be limited to, the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":235461,"text":"The environmental impact of the major state project, including the impact on wildlife habitat;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":235462,"text":"Any adverse environmental effects that cannot be avoided if the major state project is undertaken;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":235463,"text":"Measures proposed to minimize the impact of the major state project;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":235464,"text":"Any alternatives to the proposed construction;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":235465,"text":"Any irreversible environmental changes that would be involved in the major state project; and","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":235466,"text":"If required, a record of consultation with any federally recognized Tribal Nation in the Commonwealth that may be impacted by the major state project in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01 pursuant to § 10.1-1186.3:1. The record of consultation shall include the information provided to the federally recognized Tribal Nation in the Commonwealth, any feedback or response received by the federally recognized Tribal Nation in the Commonwealth, and a description of how the impact was considered or incorporated into the major state project.\n\t\t\t\tFor the purposes of subdivision 4, the report shall contain all alternatives considered and the reasons why the alternatives were rejected. If a report does not set forth alternatives, it shall state why alternatives were not considered.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":235467,"text":"For purposes of this chapter, this subsection shall only apply to the review of highway and road construction projects or any part thereof. The Secretaries of Transportation and Natural and Historic Resources shall jointly establish procedures for review and comment by state natural and historic resource agencies of highway and road construction projects. Such procedures shall provide for review and comment on appropriate projects and categories of projects to address the environmental impact of the project, any adverse environmental effects that cannot be avoided if the project is undertaken, the measures proposed to minimize the impact of the project, any alternatives to the proposed construction, and any irreversible environmental changes that would be involved in the project.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6"}},"ancestry":[{"id":12743,"edition_id":1,"name":"Environmental Impact Reports of State Agencies","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12742,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145447,"object_type":"structure","relational_id":12743,"identifier":"2","token":"10.1\/II\/11.1\/2","url":"\/10.1\/II\/11.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12742,"edition_id":1,"name":"Department of Environmental Quality","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145333,"object_type":"structure","relational_id":12742,"identifier":"11.1","token":"10.1\/II\/11.1","url":"\/10.1\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","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":64699,"structure_id":12743,"section_number":"10.1-1188","catch_line":"State agencies to submit environmental impact reports on major projects","url":"\/10.1-1188\/","token":"10.1\/II\/11.1\/2\/10.1-1188","metadata":false},{"id":61451,"structure_id":12743,"section_number":"10.1-1188.1","catch_line":"Department of Transportation to consider wildlife corridors","url":"\/10.1-1188.1\/","token":"10.1\/II\/11.1\/2\/10.1-1188.1","metadata":false},{"id":80089,"structure_id":12743,"section_number":"10.1-1189","catch_line":"Department to review report and make statement to Governor","url":"\/10.1-1189\/","token":"10.1\/II\/11.1\/2\/10.1-1189","metadata":false},{"id":57813,"structure_id":12743,"section_number":"10.1-1190","catch_line":"Approval of Governor required for construction of facility","url":"\/10.1-1190\/","token":"10.1\/II\/11.1\/2\/10.1-1190","metadata":false},{"id":53948,"structure_id":12743,"section_number":"10.1-1191","catch_line":"Development of procedures, etc., for administration of chapter","url":"\/10.1-1191\/","token":"10.1\/II\/11.1\/2\/10.1-1191","metadata":false},{"id":57262,"structure_id":12743,"section_number":"10.1-1192","catch_line":"Cooperation of state agencies","url":"\/10.1-1192\/","token":"10.1\/II\/11.1\/2\/10.1-1192","metadata":false}],"next_section":{"id":61451,"structure_id":12743,"section_number":"10.1-1188.1","catch_line":"Department of Transportation to consider wildlife corridors","url":"\/10.1-1188.1\/","token":"10.1\/II\/11.1\/2\/10.1-1188.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1188\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 384 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 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 11 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 1974, chapter 270; in 1977, chapter 667; in 1988, chapter 891; in 1991, chapter 289; in 1992, chapter 887; in 1997, chapter 268<\/a>; in 2007, chapter 896<\/a>; in 2008, chapters 45<\/a>, 225<\/a>, and 473<\/a>; in 2012, chapters 846<\/a> and 849<\/a>; in 2013, chapter 758<\/a>; in 2024, chapter 830<\/a>.<\/p>","references":[{"id":63374,"section_number":"10.1-1119.6","catch_line":"Review of capital projects and availability of working lands","order_by":null,"url":"\/10.1-1119.6\/"},{"id":57009,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","order_by":null,"url":"\/10.1-1186.3_1\/"}],"refers_to":[{"id":57009,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","order_by":null,"url":"\/10.1-1186.3_1\/"},{"id":62034,"section_number":"15.2-4900","catch_line":"Short title","order_by":null,"url":"\/15.2-4900\/"},{"id":79241,"section_number":"2.2-401.01","catch_line":"Liaison to Virginia Indian tribes; Ombudsman for Tribal Consultation; Virginia Indigenous People's Trust Fund","order_by":null,"url":"\/2.2-401.01\/"},{"id":63656,"section_number":"62.1-128","catch_line":"Authority created","order_by":null,"url":"\/62.1-128\/"}],"permalink":{"id":145449,"object_type":"law","relational_id":64699,"identifier":"10.1-1188","token":"10.1\/II\/11.1\/2\/10.1-1188","url":"\/10.1-1188\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1188\/","token":"10.1\/II\/11.1\/2\/10.1-1188","dublin_core":{"Title":"State agencies to submit environmental impact reports on major projects","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1188","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All state agencies, boards, authorities, and commissions or any branch of the state government shall prepare and submit an environmental impact report to the Department<\/span> on each major state project<\/span>.\n\t\t\tFor the purposes of this section, “major state project<\/span>” means the acquisition of an interest in land for any state facility construction, or the construction of any facility or expansion of an existing facility that is hereafter undertaken by any state agency, board, commission, or authority or any branch of state government, including public institutions of higher education, that costs $500,000 or more. For the purposes of this chapter, authority shall not include any industrial development authority created pursuant to the provisions of Chapter 49 (\u00a7 15.2-4900<\/a> et seq.) of Title 15.2 or Chapter 643, as amended, of the Acts of Assembly of 1964. Nor shall it include the Virginia Port Authority created pursuant to the provisions of \u00a7 62.1-128<\/a>, unless such project is a capital project that costs in excess of $5 million. Nor shall authority include any housing development or redevelopment authority established pursuant to state law<\/span>. For the purposes of this chapter, branch of state government shall include any county, city, or town of the Commonwealth only in connection with highway construction, reconstruction, or improvement projects affecting highways or roads undertaken by the county, city, or town on projects estimated to cost more than $2 million. For projects undertaken by any locality costing more than $500,000 and less than $2 million, the locality shall consult with the Department<\/span> of Historic Resources to consider and make reasonable efforts to avoid or minimize impacts to historic resources if the project involves a new location or a new disturbance that extends outside the area or depth of a prior disturbance, or otherwise has the potential to affect such resources adversely.\n\t\t\tSuch environmental impact report shall include, but not be limited to, the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The environmental impact of the major state project<\/span>, including the impact on wildlife habitat; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any adverse environmental effects that cannot be avoided if the major state project<\/span> is undertaken; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Measures proposed to minimize the impact of the major state project<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any alternatives to the proposed construction; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any irreversible environmental changes that would be involved in the major state project<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If required, a record of consultation with any federally recognized Tribal Nation in the Commonwealth that may be impacted by the major state project<\/span> in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01<\/a> pursuant to § 10.1-1186.3:1<\/a>. The record of consultation shall include the information provided to the federally recognized Tribal Nation in the Commonwealth, any feedback or response received by the federally recognized Tribal Nation in the Commonwealth, and a description of how the impact was considered or incorporated into the major state project<\/span>.\n\t\t\t\tFor the purposes of subdivision 4, the report shall contain all alternatives considered and the reasons why the alternatives were rejected. If a report does not set forth alternatives, it shall state why alternatives were not considered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this chapter, this subsection shall only apply to the review of highway and road construction projects or any part thereof. The Secretaries of Transportation and Natural and Historic Resources shall jointly establish procedures for review and comment by state natural and historic resource agencies of highway and road construction projects. Such procedures shall provide for review and comment on appropriate projects and categories of projects to address the environmental impact of the project, any adverse environmental effects that cannot be avoided if the project is undertaken, the measures proposed to minimize the impact of the project, any alternatives to the proposed construction, and any irreversible environmental changes that would be involved in the project. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE AGENCIES TO SUBMIT ENVIRONMENTAL IMPACT REPORTS ON MAJOR PROJECTS (\u00a7\n10.1-1188)\n\nA. All state agencies, boards, authorities, and commissions or any branch of the\nstate government shall prepare and submit an environmental impact report to the\nDepartment on each major state project.\n\t\t\tFor the purposes of this section, “major state project” means the\nacquisition of an interest in land for any state facility construction, or the\nconstruction of any facility or expansion of an existing facility that is\nhereafter undertaken by any state agency, board, commission, or authority or any\nbranch of state government, including public institutions of higher education,\nthat costs $500,000 or more. For the purposes of this chapter, authority shall\nnot include any industrial development authority created pursuant to the\nprovisions of Chapter 49 (\u00a7 15.2-4900 et seq.) of Title 15.2 or Chapter 643, as\namended, of the Acts of Assembly of 1964. Nor shall it include the Virginia Port\nAuthority created pursuant to the provisions of \u00a7 62.1-128, unless such project\nis a capital project that costs in excess of $5 million. Nor shall authority\ninclude any housing development or redevelopment authority established pursuant\nto state law. For the purposes of this chapter, branch of state government shall\ninclude any county, city, or town of the Commonwealth only in connection with\nhighway construction, reconstruction, or improvement projects affecting highways\nor roads undertaken by the county, city, or town on projects estimated to cost\nmore than $2 million. For projects undertaken by any locality costing more than\n$500,000 and less than $2 million, the locality shall consult with the\nDepartment of Historic Resources to consider and make reasonable efforts to\navoid or minimize impacts to historic resources if the project involves a new\nlocation or a new disturbance that extends outside the area or depth of a prior\ndisturbance, or otherwise has the potential to affect such resources adversely.\n\t\t\tSuch environmental impact report shall include, but not be limited to, the\nfollowing:\n\n 1. The environmental impact of the major state project, including the impact\n on wildlife habitat;\n\n 2. Any adverse environmental effects that cannot be avoided if the major state\n project is undertaken;\n\n 3. Measures proposed to minimize the impact of the major state project;\n\n 4. Any alternatives to the proposed construction;\n\n 5. Any irreversible environmental changes that would be involved in the major\n state project; and\n\n 6. If required, a record of consultation with any federally recognized Tribal\n Nation in the Commonwealth that may be impacted by the major state project in\n a locality identified by the Ombudsman for Tribal Consultation pursuant to\n subdivision B 2 of § 2.2-401.01 pursuant to § 10.1-1186.3:1. The\n record of consultation shall include the information provided to the federally\n recognized Tribal Nation in the Commonwealth, any feedback or response\n received by the federally recognized Tribal Nation in the Commonwealth, and a\n description of how the impact was considered or incorporated into the major\n state project.\n \t\t\t\tFor the purposes of subdivision 4, the report shall contain all\n alternatives considered and the reasons why the alternatives were rejected. If\n a report does not set forth alternatives, it shall state why alternatives were\n not considered.\n\nB. For purposes of this chapter, this subsection shall only apply to the review\nof highway and road construction projects or any part thereof. The Secretaries\nof Transportation and Natural and Historic Resources shall jointly establish\nprocedures for review and comment by state natural and historic resource\nagencies of highway and road construction projects. Such procedures shall\nprovide for review and comment on appropriate projects and categories of\nprojects to address the environmental impact of the project, any adverse\nenvironmental effects that cannot be avoided if the project is undertaken, the\nmeasures proposed to minimize the impact of the project, any alternatives to the\nproposed construction, and any irreversible environmental changes that would be\ninvolved in the project.\n\nHISTORY: 1973, c. 384, \u00a7 10-17.108; 1974, c. 270, \u00a7 10.1-1208; 1977, c. 667;\n1988, c. 891; 1991, c. 289; 1992, c. 887; 1997, c. 268; 2007, c. 896; 2008, cc.\n45, 225, 473; 2012, cc. 846, 849; 2013, c. 758; 2021, Sp. Sess. I, c. 401; 2024,\nc. 830.","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}}