                                 CODE OF VIRGINIA

STATE AGENCIES TO SUBMIT ENVIRONMENTAL IMPACT REPORTS ON MAJOR PROJECTS (§
10.1-1188)

A. 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.
			For the purposes of this section, &#8220;major state project&#8221; 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 (§ 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 § 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.
			Such environmental impact report shall include, but not be limited to, the
following:

   1. The environmental impact of the major state project, including the impact
   on wildlife habitat;

   2. Any adverse environmental effects that cannot be avoided if the major state
   project is undertaken;

   3. Measures proposed to minimize the impact of the major state project;

   4. Any alternatives to the proposed construction;

   5. Any irreversible environmental changes that would be involved in the major
   state project; and

   6. 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 &#xA7; 2.2-401.01 pursuant to &#xA7; 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.
   				For 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. 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.

HISTORY: 1973, c. 384, § 10-17.108; 1974, c. 270, § 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.