{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.117.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.117.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.117.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.117.html"}],"law_id":79398,"edition_id":1,"section_id":79398,"structure_id":16258,"section_number":"62.1-44.117","catch_line":"Development of an impaired waters clean-up plan; strategies; objectives","history":"2006, c. 204; 2021, Sp. Sess. I, c. 401.","full_text":"A\n\nThe Secretary of Natural and Historic Resources shall develop a plan for the cleanup of the Chesapeake Bay and Virginia’s waters designated as impaired by the U.S. Environmental Protection Agency. The plan shall be revised and amended as needed to reflect changes in strategies, timetables, and milestones. Upon the request of the Secretary of Natural and Historic Resources, state agencies shall participate in the development of the plan.B\n\nThe plan shall address both point and nonpoint sources of pollution and shall include, but not be limited to the following:1\n\nMeasurable and attainable objectives for cleaning up the Chesapeake Bay and other impaired Virginia waters;2\n\nA description of the strategies to be implemented to meet specific and attainable objectives outlined in the plan;3\n\nTime frames or phasing to accomplish plan objectives and the expected dates of completion;4\n\nA clearly defined, prioritized, and sufficiently funded program of work within the plan both for point and nonpoint source clean-up projects;5\n\nA disbursement projection plan detailing the expenditures for point and nonpoint projects and whenever possible, a listing of the specific projects to which the funds are to be allocated;6\n\nPotential problem areas where delays in the implementation of the plan may occur;7\n\nA risk mitigation strategy designed to reduce the potential problems that might delay plan implementation;8\n\nA description of the extent of coordination between state and local governments in developing and achieving the plan’s objectives;9\n\nAssessments of alternative funding mechanisms, that shall include but not be limited to the feasibility of utilizing the Virginia Resources Authority, that would address the needs of the Commonwealth to handle and appropriate state funds prudently and efficiently and address the needs of localities to achieve their goals in a timely and affordable manner; and10\n\nRecommendations to the oversight committees, as defined in § 62.1-44.118, for legislative action.C\n\nIn reporting and documenting progress being made in clean-up efforts to the oversight committees, the plan shall include measures to assess the progress in accomplishing the program of work outlined in the plan. Special emphasis shall be given to the identification of trends that are either positively or negatively impacting plan accomplishment. These shall include, but are not limited to:1\n\nStream miles added and removed from the 303(d) list under the federal Clean Water Act; waters meeting water quality standards; and total reductions of nitrogen, phosphorus, and sediment by tributary basin from point and nonpoint sources of pollution;2\n\nScope of water quality monitoring of rivers, streams, estuaries, and lakes and the cumulative number of miles or acres assessed to evaluate the effectiveness of the efforts to restore impaired waters;3\n\nNumber of best management practices (BMP) implemented; participation level in BMP cost-share programs; number of Total Maximum Daily Loads developed and implemented; local compliance levels with nonpoint programs, such as erosion and sediment control, stormwater management, and the Chesapeake Bay Preservation Act; number of wastewater treatment upgrades underway and number completed; and levels of compliance with nutrient-based permit limits; and4\n\nUpdated or new strategies that would permit the optimal use of resources to meet plan objectives as the plan is revised over time.\n\t\t\t\tFor the purposes of this chapter “impaired waters” means those waters as defined in § 62.1-44.19:4.","order_by":null,"text":{"0":{"id":284222,"text":"The Secretary of Natural and Historic Resources shall develop a plan for the cleanup of the Chesapeake Bay and Virginia’s waters designated as impaired by the U.S. Environmental Protection Agency. The plan shall be revised and amended as needed to reflect changes in strategies, timetables, and milestones. Upon the request of the Secretary of Natural and Historic Resources, state agencies shall participate in the development of the plan.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":284223,"text":"The plan shall address both point and nonpoint sources of pollution and shall include, but not be limited to the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":284224,"text":"Measurable and attainable objectives for cleaning up the Chesapeake Bay and other impaired Virginia waters;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":284225,"text":"A description of the strategies to be implemented to meet specific and attainable objectives outlined in the plan;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":284226,"text":"Time frames or phasing to accomplish plan objectives and the expected dates of completion;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":284227,"text":"A clearly defined, prioritized, and sufficiently funded program of work within the plan both for point and nonpoint source clean-up projects;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":284228,"text":"A disbursement projection plan detailing the expenditures for point and nonpoint projects and whenever possible, a listing of the specific projects to which the funds are to be allocated;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":284229,"text":"Potential problem areas where delays in the implementation of the plan may occur;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":284230,"text":"A risk mitigation strategy designed to reduce the potential problems that might delay plan implementation;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":284231,"text":"A description of the extent of coordination between state and local governments in developing and achieving the plan’s objectives;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":284232,"text":"Assessments of alternative funding mechanisms, that shall include but not be limited to the feasibility of utilizing the Virginia Resources Authority, that would address the needs of the Commonwealth to handle and appropriate state funds prudently and efficiently and address the needs of localities to achieve their goals in a timely and affordable manner; and","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":284233,"text":"Recommendations to the oversight committees, as defined in § 62.1-44.118, for legislative action.","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"C"},"12":{"id":284234,"text":"In reporting and documenting progress being made in clean-up efforts to the oversight committees, the plan shall include measures to assess the progress in accomplishing the program of work outlined in the plan. Special emphasis shall be given to the identification of trends that are either positively or negatively impacting plan accomplishment. These shall include, but are not limited to:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B10","next_prefix":"C1"},"13":{"id":284235,"text":"Stream miles added and removed from the 303(d) list under the federal Clean Water Act; waters meeting water quality standards; and total reductions of nitrogen, phosphorus, and sediment by tributary basin from point and nonpoint sources of pollution;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"14":{"id":284236,"text":"Scope of water quality monitoring of rivers, streams, estuaries, and lakes and the cumulative number of miles or acres assessed to evaluate the effectiveness of the efforts to restore impaired waters;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"15":{"id":284237,"text":"Number of best management practices (BMP) implemented; participation level in BMP cost-share programs; number of Total Maximum Daily Loads developed and implemented; local compliance levels with nonpoint programs, such as erosion and sediment control, stormwater management, and the Chesapeake Bay Preservation Act; number of wastewater treatment upgrades underway and number completed; and levels of compliance with nutrient-based permit limits; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"16":{"id":284238,"text":"Updated or new strategies that would permit the optimal use of resources to meet plan objectives as the plan is revised over time.\n\t\t\t\tFor the purposes of this chapter “impaired waters” means those waters as defined in § 62.1-44.19:4.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3"}},"ancestry":[{"id":16258,"edition_id":1,"name":"Chesapeake Bay and Virginia Waters Clean-Up and Oversight Act","identifier":"3.7","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 04:11:26","date_modified":"2026-06-26 04:11:26","permalink":{"id":270163,"object_type":"structure","relational_id":16258,"identifier":"3.7","token":"62.1\/3.7","url":"\/62.1\/3.7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79398,"structure_id":16258,"section_number":"62.1-44.117","catch_line":"Development of an impaired waters clean-up plan; strategies; objectives","url":"\/62.1-44.117\/","token":"62.1\/3.7\/62.1-44.117","metadata":false},{"id":65745,"structure_id":16258,"section_number":"62.1-44.118","catch_line":"Status reports on progress; legislative oversight","url":"\/62.1-44.118\/","token":"62.1\/3.7\/62.1-44.118","metadata":false}],"next_section":{"id":65745,"structure_id":16258,"section_number":"62.1-44.118","catch_line":"Status reports on progress; legislative oversight","url":"\/62.1-44.118\/","token":"62.1\/3.7\/62.1-44.118","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.117\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 204<\/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.<\/p>","references":[{"id":65745,"section_number":"62.1-44.118","catch_line":"Status reports on progress; legislative oversight","order_by":null,"url":"\/62.1-44.118\/"}],"refers_to":[{"id":65745,"section_number":"62.1-44.118","catch_line":"Status reports on progress; legislative oversight","order_by":null,"url":"\/62.1-44.118\/"},{"id":79957,"section_number":"62.1-44.19:4","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.19_4\/"}],"permalink":{"id":270165,"object_type":"law","relational_id":79398,"identifier":"62.1-44.117","token":"62.1\/3.7\/62.1-44.117","url":"\/62.1-44.117\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.117\/","token":"62.1\/3.7\/62.1-44.117","dublin_core":{"Title":"Development of an impaired waters clean-up plan; strategies; objectives","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.117","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Secretary of Natural and Historic Resources shall develop a plan for the cleanup of the Chesapeake Bay and Virginia’s waters designated as impaired by the U.S. Environmental Protection Agency. The plan shall be revised and amended as needed to reflect changes in strategies, timetables, and milestones. Upon the request of the Secretary of Natural and Historic Resources, state agencies shall participate in the development of the plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The plan shall address both point and nonpoint sources of pollution and shall include, but not be limited to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Measurable and attainable objectives for cleaning up the Chesapeake Bay and other impaired Virginia waters; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A description of the strategies to be implemented to meet specific and attainable objectives outlined in the plan; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Time frames or phasing to accomplish plan objectives and the expected dates of completion; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A clearly defined, prioritized, and sufficiently funded program of work within the plan both for point and nonpoint source clean-up projects; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A disbursement projection plan detailing the expenditures for point and nonpoint projects and whenever possible, a listing of the specific projects to which the funds are to be allocated; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Potential problem areas where delays in the implementation of the plan may occur; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> A risk mitigation strategy designed to reduce the potential problems that might delay plan implementation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> A description of the extent of coordination between state and local governments in developing and achieving the plan’s objectives; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Assessments of alternative funding mechanisms, that shall include but not be limited to the feasibility of utilizing the Virginia Resources Authority, that would address the needs of the Commonwealth to handle and appropriate state funds prudently and efficiently and address the needs of localities to achieve their goals in a timely and affordable manner; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Recommendations to the oversight committees, as defined in § 62.1-44.118<\/a>, for legislative action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In reporting and documenting progress being made in clean-up efforts to the oversight committees, the plan shall include measures to assess the progress in accomplishing the program of work outlined in the plan. Special emphasis shall be given to the identification of trends that are either positively or negatively impacting plan accomplishment. These shall include, but are not limited to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Stream miles added and removed from the 303(d) list under the federal Clean Water Act; waters meeting water quality standards; and total reductions of nitrogen, phosphorus, and sediment by tributary basin from point and nonpoint sources of pollution; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Scope of water quality monitoring of rivers, streams, estuaries, and lakes and the cumulative number of miles or acres assessed to evaluate the effectiveness of the efforts to restore impaired waters<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Number of best management practices (BMP) implemented; participation level in BMP cost-share programs; number of Total Maximum Daily Loads developed and implemented; local compliance levels with nonpoint programs, such as erosion and sediment control, stormwater management, and the Chesapeake Bay Preservation Act; number of wastewater treatment upgrades underway and number completed; and levels of compliance with nutrient-based permit limits; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Updated or new strategies that would permit the optimal use of resources to meet plan objectives as the plan is revised over time.\n\t\t\t\tFor the purposes of this chapter “impaired waters<\/span>” means those waters as defined in § 62.1-44.19:4<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEVELOPMENT OF AN IMPAIRED WATERS CLEAN-UP PLAN; STRATEGIES; OBJECTIVES (\u00a7\n62.1-44.117)\n\nA. The Secretary of Natural and Historic Resources shall develop a plan for the\ncleanup of the Chesapeake Bay and Virginia’s waters designated as impaired\nby the U.S. Environmental Protection Agency. The plan shall be revised and\namended as needed to reflect changes in strategies, timetables, and milestones.\nUpon the request of the Secretary of Natural and Historic Resources, state\nagencies shall participate in the development of the plan.\n\nB. The plan shall address both point and nonpoint sources of pollution and shall\ninclude, but not be limited to the following:\n\n 1. Measurable and attainable objectives for cleaning up the Chesapeake Bay and\n other impaired Virginia waters;\n\n 2. A description of the strategies to be implemented to meet specific and\n attainable objectives outlined in the plan;\n\n 3. Time frames or phasing to accomplish plan objectives and the expected dates\n of completion;\n\n 4. A clearly defined, prioritized, and sufficiently funded program of work\n within the plan both for point and nonpoint source clean-up projects;\n\n 5. A disbursement projection plan detailing the expenditures for point and\n nonpoint projects and whenever possible, a listing of the specific projects to\n which the funds are to be allocated;\n\n 6. Potential problem areas where delays in the implementation of the plan may\n occur;\n\n 7. A risk mitigation strategy designed to reduce the potential problems that\n might delay plan implementation;\n\n 8. A description of the extent of coordination between state and local\n governments in developing and achieving the plan’s objectives;\n\n 9. Assessments of alternative funding mechanisms, that shall include but not\n be limited to the feasibility of utilizing the Virginia Resources Authority,\n that would address the needs of the Commonwealth to handle and appropriate\n state funds prudently and efficiently and address the needs of localities to\n achieve their goals in a timely and affordable manner; and\n\n 10. Recommendations to the oversight committees, as defined in §\n 62.1-44.118, for legislative action.\n\nC. In reporting and documenting progress being made in clean-up efforts to the\noversight committees, the plan shall include measures to assess the progress in\naccomplishing the program of work outlined in the plan. Special emphasis shall\nbe given to the identification of trends that are either positively or\nnegatively impacting plan accomplishment. These shall include, but are not\nlimited to:\n\n 1. Stream miles added and removed from the 303(d) list under the federal Clean\n Water Act; waters meeting water quality standards; and total reductions of\n nitrogen, phosphorus, and sediment by tributary basin from point and nonpoint\n sources of pollution;\n\n 2. Scope of water quality monitoring of rivers, streams, estuaries, and lakes\n and the cumulative number of miles or acres assessed to evaluate the\n effectiveness of the efforts to restore impaired waters;\n\n 3. Number of best management practices (BMP) implemented; participation level\n in BMP cost-share programs; number of Total Maximum Daily Loads developed and\n implemented; local compliance levels with nonpoint programs, such as erosion\n and sediment control, stormwater management, and the Chesapeake Bay\n Preservation Act; number of wastewater treatment upgrades underway and number\n completed; and levels of compliance with nutrient-based permit limits; and\n\n 4. Updated or new strategies that would permit the optimal use of resources to\n meet plan objectives as the plan is revised over time.\n \t\t\t\tFor the purposes of this chapter “impaired waters” means those\n waters as defined in § 62.1-44.19:4.\n\nHISTORY: 2006, c. 204; 2021, Sp. Sess. I, c. 401.","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}}