                                 CODE OF VIRGINIA

DUTIES AND POWERS OF THE DEPARTMENT; EMINENT DOMAIN PROHIBITED (§ 10.1-405)

A. The Department shall:

   1. Administer the Virginia Scenic Rivers System to preserve and protect its
   natural beauty and to assure its use and enjoyment for its scenic,
   recreational, geologic, fish and wildlife, historic, cultural or other assets
   and to encourage the continuance of existing agricultural, horticultural,
   forestry and open space land and water uses.

   2. Periodically survey each scenic river and its immediate environs and
   monitor all existing and proposed uses of each scenic river and its related
   land resources.

   3. Assist local governments in solving problems associated with the Virginia
   Scenic Rivers System, in consultation with the Director, the Board, and the
   advisory committees.

B. The Department shall not exercise the right of eminent domain to acquire any
real property or interest therein for the purpose of providing additional access
to any scenic river. Nothing in this subsection shall limit or modify any powers
granted otherwise to any locality.

C. The Department may seek assistance and advice related to the scenic river
program from the Department of Wildlife Resources, the Department of Forestry,
the Department of Historic Resources, the Virginia Marine Resources Commission,
the United States Forest Service, other state and federal agencies and
instrumentalities, and affected local governing bodies.

D. The Department shall have the following powers, which may be delegated by the
Director:

   1. To make and enter into all contracts and agreements necessary or incidental
   to the performance of its scenic river duties and the execution of its scenic
   river powers, including but not limited to contracts with private nonprofit
   organizations, the United States, other state agencies and political
   subdivisions of the Commonwealth;

   2. 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; and

   3. To conduct fund-raising activities as deemed appropriate related to scenic
   river issues.

HISTORY: 1970, c. 468, §§ 10-167, 10-173; 1988, c. 891; 2003, c. 240; 2020, c.
958.