                                 CODE OF VIRGINIA

NUTRIENT MANAGEMENT PLANS REQUIRED FOR STATE LANDS; REVIEW OF PLANS (§
10.1-104.4)

A. On or before July 1, 2006, all state agencies, public institutions of higher
education in the Commonwealth, and other state governmental entities that own
land upon which fertilizer, manure, sewage sludge or other compounds containing
nitrogen or phosphorus are applied to support agricultural, turf, plant growth,
or other uses shall develop and implement a nutrient management plan for such
land. The plan shall be in conformance with the following nutrient management
requirements:

   1. For all state-owned agricultural and forestal lands where nutrient
   applications occur, state agencies, public institutions of higher education in
   the Commonwealth, and other state governmental entities shall submit
   site-specific individual nutrient management plans prepared by a certified
   nutrient management planner pursuant to &#xA7; 10.1-104.2 and regulations
   promulgated thereunder. However, where state agencies are conducting research
   involving nutrient application rate and timing on state-owned agricultural and
   forestal lands, such lands shall be exempt from the application rate and
   timing provisions contained in the regulations developed pursuant to &#xA7;
   10.1-104.2.

   2. For all state-owned lands other than agricultural and forestal lands where
   nutrient applications occur, state agencies, public institutions of higher
   education in the Commonwealth, and other state governmental entities shall
   submit nutrient management plans prepared by a certified nutrient management
   planner pursuant to &#xA7; 10.1-104.2 and regulations promulgated thereunder
   or planning standards and specifications acceptable to the Department.

B. Plans or planning standards and specifications submitted under subdivisions A
1 and A 2 shall be reviewed and approved by the Department. Such approved plans
and planning standards and specifications shall be in effect for a maximum of
three years, and shall be revised and submitted for approval to the Department
at least once every three years thereafter.

C. State agencies, public institutions of higher education in the Commonwealth,
and other state governmental entities shall maintain and properly implement any
such nutrient management plan or planning standards or specifications on all
areas where nutrients are applied.

D. The Department may (i) provide technical assistance and training on the
development and implementation of a nutrient management plan, (ii) conduct
periodic reviews as part of its responsibilities authorized under this section,
and (iii) assess an administrative charge to cover a portion of the costs for
services associated with its responsibilities authorized under this section.

E. The Department shall develop written procedures for the development,
submission, and the implementation of a nutrient management plan or planning
standards and specifications that shall be provided to all state agencies,
public institutions of higher education in the Commonwealth, and other state
governmental entities that own land upon which nutrients are applied.

HISTORY: 2005, c. 65.