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2003 SESSION
035214510Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-400, 10.1-401, 10.1-402, 10.1-405, 10.1-406, and 10.1-409 through 10.1-418.1 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 10.1-406.1 and by adding in Chapter 4 of Title 10.1 sections numbered 10.1-418.2 and 10.1-418.3 as follows:
§ 10.1-400. Definitions.
As used in this chapter, unless the context requires a different meaning:
“Board” means the Virginia Scenic River Board.
“Department” means the Department of Conservation and Recreation.
"Director" means the Director of the Department of Conservation and Recreation.
"River" means a flowing body of water, or a section or portion thereof.
"Scenic river" means a river or section or portion of a river that has been designated a "scenic river" by an act of the General Assembly and that possesses superior natural and scenic beauty, fish and wildlife, and historic, recreational, geologic, cultural, and other assets.
"Virginia Scenic Rivers System" means those rivers or sections of rivers designated as a scenic river by an act of the General Assembly.
§ 10.1-401. Powers and duties of Director; acquisition of property.
A. The Director shall have the duty to:
1. Identify rivers or sections of rivers, including their shores and natural environs, which should be considered for designation because of their scenic, recreational and historic attributes and natural beauty.
2. Conduct studies of rivers or sections of rivers to be considered for designation as wild, scenic or recreational rivers in cooperation with appropriate agencies of the Commonwealth and the United States.
3. Recommend to the Governor and to the General Assembly rivers or sections thereof to be considered for designation as scenic rivers.
4. Appoint, with agreement by the Virginia Scenic River Board, Scenic River Advisory Committees or other local or regional committees of not less than 3 members to consider and manage scenic river interests and issues. The committees shall assist and advise the Director and the local governing body with the protection or management of the scenic river segment in their jurisdiction. The committees may consider and comment to the Director on any federal, state, or local governmental plans to approve, license, fund, or construct facilities that would alter any of the assets that qualified the river for scenic designation.
B. The Director is authorized to acquire in the name of the Commonwealth, either by gift or purchase, any real property or interest therein which the Director considers necessary or desirable for the protection of any scenic river, and may retain title to or transfer the property to other state agencies. The Director may not exercise the right of eminent domain in acquiring any such property or interest.
§ 10.1-402. Development of water and related resources and evaluation as scenic resource.
The Department or administering agency may review and make recommendations
regarding all planning for the use and development of water and related land
resources including the construction of impoundments, diversions, roadways,
crossings, channels, locks, canals, or other uses which that change the
character of a stream or waterway or destroy its scenic valuesassets, so that
full consideration and evaluation of the river as a scenic resource will be given before alternative
plans for use and development are approved. To effectuate the purposes of this section, all state and
local agencies shall consider the recommendations of the Department or
administering agency.
§ 10.1-405. Duties of the Department; eminent domain prohibited.
A. The agency designated by the General Assembly Department shall:
1. Administer the scenic river or section thereof 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
valuesassets and to encourage the continuance of existing agricultural,
horticultural, forestry and open space land and water uses.
2. Periodically survey the each scenic river and its immediate environs and
monitor all existing and proposed uses of the each scenic river and its related
land resources.
3. Assist local governments in solving problems associated with the scenic
riverVirginia Scenic Rivers System, in consultation with the Director, the
Board, and the Advisory Boardadvisory committees.
B. The administering agencyDepartment shall not exercise the right of eminent
domain to acquire any real property or interest therein for the purpose of providing additional
access to the 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 Game and Inland Fisheries, 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.
§ 10.1-406. Virginia Scenic River Board.
A. Except as provided in § 10.1-412, when the General Assembly acts to include
a river or section of river in the Scenic Rivers System, the Governor shall appoint an
Advisory Board of residents, including at least one riparian landowner, in the locality
or localities of the scenic river or river section and other qualified persons.
The Virginia Scenic River Board (the "Board") is established as an advisory
board, within the meaning of § 2.2-2100, in the executive branch of state
government. The Board shall be composed of 16 voting members as follows: the
Director and 15 members-at-large appointed by the Governor. The 15 members-at-large shall initially
be appointed for terms of office as follows: 3 for a 1-year term, 4 for a
2-year term, 4 for a 3-year term, and 4 for a 4-year term. The Governor shall
designate the term to be served by each appointee at the time of
appointment. Appointments thereafter shall be made for 4-year terms. No
person shall serve more than 2 consecutive full terms. Any vacancy shall be
filled by the Governor for the unexpired term. All terms shall begin July 1.
In making appointments, the Governor shall select persons suitably qualified to
consider and act upon the various special interests and problems related to
scenic river issues. The Advisory Board shall elect a
chairman and a vice chairman from among its members-at-large. Members of the
Advisory CommitteeBoard shall serve at the pleasure of the Governor and
receive no compensation.
The Director, or his designee, shall serve as executive secretary to the Board.
The Board shall meet at least 2 times a year with additional meetings at the call of the chairman or the Director. The vice chairman shall fill the position of chairman in the event that the chairman is not available. A majority of the members of the Board shall constitute a quorum of the Board.
The Board shall have no regulatory authority.
B. The Advisory Board shall assist and advise the Governor and the Director and
the administering agency concerning the protection or management of the scenic
riverVirginia Scenic Rivers System. The Advisory Board may Upon the request of
the Governor, or the Director, the Board shall institute investigations and make recommendations. The Board shall have
general powers and duties to (i) advise the Director on plans for development
promulgated by the Northern Virginia Regional Park Authority, prior to their
implementation; (ii) formulate recommendations concerning designations
for proposed scenic rivers or extensions of existing scenic rivers; (iii)
consider and comment to the Director on any federal, state or local
governmental plans to approve, license, fund or construct facilities whichthat
would alter the natural, scenic or historicany of the assets whichthat
qualified the river for scenic designation.; (iv) assist the Director in
reviewing and making recommendations regarding all planning for the use and development of water and related land
resources including the construction of impoundments, diversions, roadways,
crossings, channels, locks, canals, or other uses that change the character of
a stream or waterway or destroy its scenic assets, so that full consideration
and evaluation of the river as a scenic resource will be given before alternative plans for use and
development are approved; (v) assist the Director in preserving and protecting
the natural beauty of the scenic rivers, assuring the use and enjoyment of
scenic rivers for fish and wildlife, scenic,
recreational, geologic, historic, cultural or other assets, and encouraging the
continuance of existing agricultural, horticultural, forestal and open space
land and water uses; (vi) advise the Director and the affected local
jurisdiction on the impacts of proposed uses of each scenic river and its
related land resources; and (vii) assist local governments in solving problems
associated with the Virginia Scenic Rivers System, in consultation with the
Director.
§ 10.1-406.1. Powers of local governments.
In consultation with the Director, local governments shall have the authority, where a committee has not been established pursuant to subdivision A 4 of § 10.1-401, to appoint a local scenic river advisory committee to advise the local government and the Director in administering that section of designated scenic river within the local government’s jurisdiction. The committees shall assist and advise the Director and the local governing body on the protection or management of the scenic river segment in their jurisdiction. The committees may consider and comment to the Director on any federal, state or local governmental plans to approve, license, fund or construct facilities that would alter any of the assets that qualified the river for scenic designation.
§ 10.1-409. Appomattox State Scenic River.
A. The Appomattox River 100 feet from the base of the Lake Chesdin Dam, to the
Route 36 bridge crossing in the City of Petersburg, a distance of approximately 6.2 miles,
is hereby designated a component of the Virginia Scenic Rivers System.
B. The Department of Game and Inland Fisheries is designated to administer the
Appomattox State Scenic River in accordance with this section.
C. The Governor, in consultation with the Director and affected local governing
bodies, shall appoint the Appomattox State Scenic River Advisory Board, which shall
be composed of at least three riparian landowners within the designated section
and other local residents.
§ 10.1-410. Catoctin Creek State Scenic River.
A. The Catoctin Creek from bank to bank in Loudoun County from the Town of
Waterford to its junction with the Potomac River, a distance of approximately
sixteen 16 river miles, is hereby designated a component of the Virginia
Scenic Rivers System.
B. The Northern Virginia Regional Park Authority is designated to administer
the Catoctin Creek State Scenic River in accordance with this section.
C. The Governor, in consultation with the Director and affected local governing
bodies, shall appoint the Catoctin Creek State Scenic River Advisory Board, which
shall be composed of five area residents including at least three riparian
landowners within the designated section.
DB. No dam or other structure that impedes the natural flow of Catoctin Creek
shall be constructed, operated, or maintained within the section of Catoctin Creek designated as a
scenic river by this legislation unless specifically authorized by an act of
the General Assembly.
As used in this section, the words "dam or other structure" mean any structure
extending from bank to bank of Catoctin Creek whichthat will interfere with the
normal movement of waterborne traffic, interfere with the normal movement of fish or wildlife, raise
the water level on the upstream side of the structure or lower the water level on the downstream side
of the structure.
§ 10.1-410.1. Chickahominy State Scenic River.
A. The main channel of the Chickahominy River from the Mechanicsville Turnpike (Route 360) eastward until the terminus of the Henrico County/Hanover County border, is hereby designated a component of the Virginia Scenic Rivers System.
B. The Department of Conservation and Recreation is designated to administer
this section of the Chickahominy River.
C. The Governor, in consultation with the Boards of Supervisors from Henrico
and Hanover Counties, shall appoint the Chickahominy Scenic River Advisory Board,
which shall be composed of seven residents, including a riparian landowner from
each county, from within the designated section.
DB. Nothing in this chapter shall preclude the construction or reconstruction
of any road or bridge by the Commonwealth or by any county, city or town.
EC. Nothing in this chapter shall preclude the construction, operation, repair,
maintenance, or replacement of a natural gas pipeline for which the State Corporation Commission has
issued a certificate of public convenience and necessity or any connections
with such pipeline owned by the Richmond Gas Utility and connected to such
pipeline.
§ 10.1-410.2. Clinch State Scenic River.
A. The Clinch River in Russell County from its confluence with the Little River
to the Nash Ford Bridge at mile 279.5, a distance of approximately twenty 20
miles and including its tributary, Big Cedar Creek from the confluence to mile 5.8 near
Lebanon, is hereby designated a component of the Virginia Scenic Rivers System.
B. The Department of Conservation and Recreation is designated to administer
the Clinch Scenic River.
C. The Governor, in consultation with the Director and the Russell County Board
of Supervisors, shall appoint the Clinch Scenic River Advisory Board, which shall be
composed of five area residents, including at least one riparian landowner,
from within the designated section.
DB. This designation shall not be used:
1. To designate the lands along the river and its tributaries as unsuitable for
mining pursuant to § 45.1-252 or regulations promulgated with respect to such
section; however, the Department of Conservation and Recreation shall still be
permitted to exercise the powers granted under § 10.1-402; or
2. To be a criterion for purposes of imposing water quality standards under the federal Clean Water Act.
§ 10.1-411. Goose Creek State Scenic River.
A. Goose Creek, from bank to bank in Loudoun County from the Loudoun-Fauquier
County line to its junction with the Potomac River, a distance of approximately
twenty-eight28 river miles, is hereby designated a component of the Virginia
Scenic Rivers System.
B. The Northern Virginia Regional Park Authority, hereinafter referred to as
the Authority, is designated to administer the Goose Creek Scenic River.
C. The Governor, in consultation with the Director, shall appoint the Goose
Creek Scenic River Advisory Board, which shall be composed of seven area residents
including at least four riparian landowners within the designated section.
D. The Advisory Board shall advise the Director on plans for development
promulgated by the Authority, prior to their implementation.
EB. The Northern Virginia Regional Park Authority is authorized to acquire,
either by gift or purchase, any real property or interests therein whichthat
the Northern Virginia Regional Park Authority considers necessary or desirable
to provide public use areas as identified in the Goose Creek Scenic River Report published
in 1975.
FC. No new dam or other structure or enlargement of an existing dam or other
structure that impedes the natural flow of Goose Creek shall be constructed,
operated or maintained within the section of Goose Creek designated as a scenic
riverScenic River by this legislation unless specifically authorized by an act
of the General Assembly.
As used in this section, the words "dam or other structure" mean any structure
extending from bank to bank of Goose Creek whichthat will interfere with the
normal movement of waterborne traffic, interfere with the normal movement of fish or wildlife, or
raise the water level on the upstream side of the structure or lower the water level on the
downstream side of the structure.
GD. Nothing in this chapter shall preclude the continued use, operation, and
maintenance of the existing Fairfax City water impoundment, or the installation
of new water intake facilities in the existing reservoir located within the
designated section of Goose Creek.
§ 10.1-411.1. Clinch-Guest State Scenic River.
A. The Clinch River from the Route 58 bridge in St. Paul to the junction with the Guest River, a distance of approximately 9.2 miles, and a segment of the Guest River in Wise County, from a point 100 feet downstream from the Route 72 bridge to its confluence with the Clinch River, a distance of approximately 6.5 miles, are hereby designated a component of the Virginia Scenic Rivers System; however, this description shall not be construed as making the lands along such river unsuitable for underground mining pursuant to § 45.1-252 or regulations promulgated thereunder.
B. The Department of Conservation and Recreation is designated to administer
the Clinch-Guest State Scenic River in accordance with this section.
C. The Governor, in consultation with the Director, shall appoint the Clinch-
Guest Scenic River Advisory Board, which shall be composed of nine area
residents, including at least one riparian landowner on the Clinch River and at
least one riparian landowner from within the LENOWISCO Planning District Area.
DB. Nothing in this chapter shall be construed to prevent the construction,
use, operation and maintenance of a natural gas pipeline on or beneath the two
2 existing railroad trestles, one 1 located just south of the Swede
Tunnel and the other located just north of the confluence of the Guest River with the Clinch River, or to
prevent the use, operation and maintenance of such railroad trestles in
furtherance of the construction, operation, use and maintenance of such
pipeline. Nothing in this chapter shall be construed to prevent the
construction, use, operation and maintenance of a natural gas pipeline
traversing the river at, or at any point north of, the existing power line
whichthat is located approximately 200 feet north of the northern entrance
to the Swede Tunnel.
EC. Nothing in this chapter shall preclude the federal government, Commonwealth
or a local jurisdiction from constructing or reconstructing any road or bridge.
§ 10.1-412. Historic Falls of the James State Scenic River.
A. The Historic Falls of the James from Orleans Street extended in the City of Richmond westward to the 1970 corporate limits of the city is hereby designated a component of the Virginia Scenic Rivers System.
B. The City of Richmond is designated to administer this section of the James
River.
C. The Falls of the James Committee is continued as the Falls of the James
Advisory Board, which shall be composed of nine members, including at least
five residents of the City of Richmond. The Governor, in consultation with the
Director shall appoint four members and the Richmond City Council, shall
appoint five members.
DB. The City of Richmond shall be allowed to reconstruct, operate and maintain
existing facilities at the Byrd Park and Hollywood Hydroelectric Power Stations at current capacity.
EC. Nothing in this chapter shall be construed to prevent the Commonwealth, the
City of Richmond or any common carrier railroad from constructing or
reconstructing floodwalls or public common carrier facilities whichthat may
traverse the river, such as road or railroad bridges, raw water intake structures, or water or sewer
lines whichthat would be constructed below water level.
§ 10.1-413. James River State Scenic River.
A. That portion of the James River in Botetourt County, from a point two 2
miles southeast of the point where Route 43 (old Route 220) crosses the James River at Eagle
Rock running approximately fourteen 14 miles southeastward to the point where
Route 630 crosses the James River at Springwood is hereby designated a component of the Virginia
Scenic Rivers System.
B. The Botetourt County Board of Supervisors is designated to administer this
section of the James River Scenic River.
CB. No dam or other structure that impedes the natural flow of the James River
in Botetourt County shall be constructed, operated or maintained within the section of the James
River designated as a scenic river by this statute unless specifically
authorized by an act of the General Assembly.
§ 10.1-413.1. Moormans State Scenic River.
A. The Moormans River in Albemarle County, from the Charlottesville Reservoir to its junction with the Mechums River, is hereby designated a component of the Virginia Scenic Rivers System.
B. The County of Albemarle is designated to administer the Moormans Scenic
River in accordance with this section.
C. The Governor, in consultation with the Director and the County of Albemarle,
shall appoint the Moormans Scenic River Advisory Board, which shall be composed
of five area residents, including at least one riparian landowner, from within
the designated section.
DB. No dam or other structure impeding the natural flow of the river shall be
constructed, operated, or maintained unless specifically authorized by an act of the General
Assembly.
§ 10.1-413.2. North Landing and Tributaries State Scenic River.
A. The North Landing from the North Carolina line to the bridge at Route 165, the Pocaty River from its junction with the North Landing River to the Blackwater Road bridge, West Neck Creek from the junction with the North Landing River to Indian River Road bridge, and Blackwater Creek from the junction with the North Landing River to the confluence, approximately 4.2 miles, of an unnamed tributary approximately 1.75 miles, more or less, west of Blackwater Road, are hereby designated as components of the Virginia Scenic Rivers System.
B. The Department of Conservation and Recreation is designated to administer
the North Landing and Tributaries Scenic River in accordance with this section.
C. The Governor, in consultation with the Director and the Cities of Virginia
Beach and Chesapeake, shall appoint the North Landing and Tributaries Scenic
River Advisory Board, which shall be composed of five area residents, including
at least one riparian landowner, from within the designated section.
DB. No dam or other structure impeding the natural flow of the river shall be
constructed, operated, or maintained unless specifically authorized by an act
of the General Assembly.
§ 10.1-414. Nottoway State Scenic River.
A. The Nottoway River in Sussex County and Southampton County, from the Route
40 bridge at Stony Creek to the Careys Bridge at Route 653, a distance of
approximately 39 1/2 miles, is hereby designated a component of the Virginia
Scenic Rivers System.
B. The Department of Conservation and Recreation is designated to administer
the Nottoway Scenic River in accordance with this section.
C. The Governor, in consultation with the Director, shall appoint the Nottoway
State Scenic River Advisory Board. The Advisory Board shall be composed of local
residents, including at least four riparian landowners within the designated
section. An equal number of members of the Advisory Board shall be residents
of Sussex County and Southampton County.
§ 10.1-415. Rappahannock State Scenic River.
A. The mainstem of the Rappahannock River in Rappahannock, Culpeper, Fauquier,
Stafford, and Spotsylvania Counties and the City of Fredericksburg from its
headwaters near Chester Gap to the Ferry Farm-Mayfield Bridge, a distance of
approximately eighty-six86 river miles, is hereby designated a component of the
Virginia Scenic Rivers System.
B. The Department of Game and Inland Fisheries is designated to administer the
Rappahannock State Scenic River.
C. The Governor shall appoint a Rappahannock Scenic River Advisory Board. The
Director shall make recommendations to the Governor after consulting with the
affected county boards of supervisors and the Fredericksburg City Council. The
Advisory Board shall be composed of local residents, including riparian
landowners within the designated section. Each of the involved counties and the
City shall enjoy equal representation on the Advisory Board.
DB. Nothing in this chapter shall preclude the continued operation and
maintenance of existing dams in the designated section.
EC. Nothing in this chapter shall preclude the continued operation,
maintenance, alteration, expansion, or destruction of the Embrey Dam or its
appurtenances by the City of Fredericksburg, including the old VEPCO canal and
the existing City Reservoir behind the Embrey Dam, or any other part of the
City's waterworks.
FD. Nothing in this chapter shall preclude the Commonwealth, the City of
Fredericksburg, or the Counties of Stafford, Spotsylvania, or Culpeper from constructing or
reconstructing any road or bridge or from constructing any new raw water intake structures or
devices, including pipes and reservoirs but not dams, or laying water or sewer
lines below water level.
GE. Nothing in this chapter shall preclude the construction, operation, repair,
maintenance, or replacement of the natural gas pipeline, case number PUE 860065, for which the State
Corporation Commission has issued a certificate of public convenience and
necessity.
§ 10.1-415.1. Rockfish State Scenic River.
A. The Rockfish River in Albemarle and Nelson Counties from the Route 693 bridge in Schuyler to its confluence with the James River, a distance of approximately 9.75 miles, is hereby designated a component of the Virginia Scenic Rivers System.
B. The Department of Conservation and Recreation is designated to administer
the Rockfish State Scenic River in accordance with this section.
C. The Governor, in consultation with the Director and the Nelson County and
Albemarle County Boards of Supervisors, shall appoint the Rockfish State Scenic
River Advisory Board, which shall be composed of five area residents, including at
least one riparian landowner, from within the designated section.
DB. Nothing in this chapter shall preclude the Commonwealth or local governing
body from constructing or reconstructing any road or bridge.
§ 10.1-416. Rivanna State Scenic River.
A. The river, stream or waterway known as the Rivanna from the base of the dam
of the woolen mills in the City of Charlottesville to the junction of the
Rivanna with the James River, a distance of approximately thirty-seven37 miles,
is hereby designated the Rivanna Scenic River, a component of the Virginia Scenic Rivers System.
B. The Department is designated to administer the Rivanna State Scenic River.
C. The Governor, in consultation with the Director and the Counties of
Albemarle and Fluvanna, shall appoint the Rivanna Scenic River Advisory Board,
which shall be composed of seven area residents, including at least one
riparian landowner, from within the designated section.
DB. No dam or other structure impeding the natural flow of the river shall be
constructed, operated, or maintained unless specifically authorized by an act
of the General Assembly.
§ 10.1-417. Shenandoah State Scenic River.
A. The Shenandoah River in Clarke County from the Warren-Clarke County line to the Virginia line, a distance of approximately 21.6 miles, is hereby designated a component of the Virginia Scenic Rivers System.
B. The Department of Game and Inland Fisheries is designated to administer the
Shenandoah State Scenic River.
C. The Governor shall appoint the Shenandoah State Scenic River Advisory Board.
The Director shall make recommendations to the Governor after consulting with
the Clarke County Board of Supervisors. The Advisory Board shall be composed of
local residents, a majority of whom shall be riparian landowners within the
designated section.
DB. No dam or other structure that impedes the natural flow of the Shenandoah
River shall be constructed, operated, or maintained within the section of the Shenandoah River
designated as a scenic river by this legislation unless specifically authorized by an act of the
General Assembly.
As used in this section, the words "dam or other structure" mean any structure
extending from bank to bank of the Shenandoah River whichthat will interfere
with the normal movement of fish or wildlife, raise the water level on the upstream side of the
structure or lower the water level on the downstream side of the structure.
§ 10.1-418. Staunton State Scenic River.
A. The river, stream or waterway known as the Staunton or the Roanoke from
State Route 360 to State Route 761 at the Long Island Bridge, a distance of
approximately 40.5 51.3 river miles, is hereby designated the Staunton
State Scenic River, a component of the Virginia Scenic Rivers System.
B. The Department of Game and Inland Fisheries is designated to administer the
Staunton State Scenic River.
§ 10.1-418.1. North Meherrin State Scenic River.
A. The North Meherrin River in Lunenburg County from the Route 712 Bridge to
the junction with the South Meherrin River, a distance of approximately 7.5 miles, is hereby
designated a component of the Virginia Scenic Rivers System.
B. The Department of Conservation and Recreation is designated to administer
the North Meherrin State Scenic River.
C. The Governor, in consultation with the Director and the Board of Supervisors
of Lunenburg County, shall appoint a North Meherrin Scenic River Advisory
Board, which shall be composed of five area residents, including at least one
riparian landowner, from within the designated section.
§ 10.1-418.2. Historic Lower James State Scenic River.
A. In keeping with the public policy of the Commonwealth to conserve the portions of certain rivers possessing superior natural beauty, thereby assuring their use and enjoyment for their fish and wildlife, historic, scenic, recreational, geologic, cultural and other assets, that portion of the Lower James River in Charles City, James City and Surry Counties, from an unnamed tributary to the James River approximately 1.2 miles east of Trees Point in Charles City County (northside) and Upper Chippokes Creek (southside) to Grices Run (northside) and Lawnes Creek (southside) is hereby declared to be an historic river with noteworthy scenic and ecological qualities and is hereby designated a component of the Virginia Scenic Rivers System.
B. In all planning for the use and development of water and related land resources that changes the character of a stream or waterway or destroys its historic, scenic, or ecological assets, full consideration and evaluation of the river as an historic, scenic, and ecological resource shall be given before such work is undertaken. Alternative solutions shall also be considered before such work is undertaken.
C. Nothing in this designation shall impair the powers and duties of the local jurisdictions listed above or the Virginia Department of Transportation.
§ 10.1-418.3. St. Mary’s State Scenic River.
A. As the authority of the federal government over the St. Mary’s River prevents the Commonwealth from legally including the river as a component of the Virginia Scenic Rivers System, the segment of the St. Mary’s River from its headwaters to the border of the George Washington National Forest, all on national forest property, is hereby recognized as one of Virginia’s Scenic River resources and is worthy of designation as such.
B. All land and water uses along this portion of the St. Mary’s River that are permitted by law shall not be restricted.
C. The Department shall consult with the Augusta County Board of Supervisors and the Supervisor of the George Washington National Forest on matters related to this Scenic River.
2. That Chapter 4.1 (§ 10.1-419) of Title 10.1 of the Code of Virginia is repealed.
3. That House Joint Resolution No. 278 of the Acts of Assembly of 1979 is repealed.
4. That the Department of Conservation and Recreation shall submit a report to the Governor and the General Assembly in 2009, no later than November 1, that evaluates the effectiveness of the Virginia Scenic Advisory Board. The Department shall examine the activities of the Board, determine whether the Board should be continued, abolished, or modified, and recommend other improvements for the administration of the Virginia Scenic Rivers System. The report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports.