Administrative Code

Virginia Administrative Code
5/27/2024

Chapter 10. Regulations Governing Application for and Use of Grant Funds to Localities

4VAC45-10-10. Definitions.

The following words and their meanings as used in these Regulations are defined as follows:

1. "Commission" means the Commission on the Conservation and Development of Public Beaches as established by Section 10-218 of the Code of Virginia.

2. "Advisory Commission" means a Local Erosion Advisory Commission created pursuant to Section 10-222 and this regulation.

3. "The Act" means the Public Beach Conservation and Development Act.

4. "Project" means a Beach Enhancement Proposal approved by the Commission.

5. "Public Beach Commission" means the same as 1 above. Used only in correspondence to the Commission.

6. "Locality" means a county, city, or town which is eligible for a Grant under these Regulations.

7. "Grant period" means, for any application, 1, 2, or 3 fiscal years, but may not exceed 3 fiscal years.

8. "Technical Advisor" means the Public Beach Advisor, a specialist in coastal processes residing at the Virginia Institute of Marine Science, who assists localities and reviews the technical aspects of projects submitted to the Commission.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-20. Local Erosion Advisory Commissions.

Localities wishing to participate under the Act must establish an Advisory Commission pursuant to Section 10-222 of the Code and in accordance with the requirements below. For purposes of developing a project under the Act, any county shall be deemed to have jurisdiction over all public beaches within the county, including those public beaches within a town; provided a resolution from the town authorizing the county to act in its behalf is submitted to the Commission. For a town or city which has exercised its option to establish an Advisory Commission, all of the public beaches within that town or city shall be deemed under the jurisdiction of that town or city.

Appointment and Membership

The Advisory Commission in a locality shall be appointed by the local governing body. Terms of office, removal from office, reappointment and appointments to fill vacancies shall be matters decided by the local governing body; provided, however, that the local governing body shall adopt a procedure to ensure that any vacancy occurring on the Advisory Commission is filled within a reasonable period of time. Appointees to the Advisory Commission shall consist of at least five persons. Appointees may be members of any other governmental or quasi-governmental board or commission that is otherwise permissible under law. An Advisory Commission appointee also may not be a member of any of the following: the Commission on the Conservation and Development of Public Beaches, the Soil and Water Conservation Commission, the Marine Resources Commission, the Board of Conservation and Economic Development, the Commission on Outdoor Recreation. An Advisory Commission shall organize itself, shall notify the Commission of its existence and membership, and shall designate one of its members or other official as a point of contact with the Commission. An Advisory Commission shall bear the responsibilities and duties imposed upon them by Section 10-222 of the Code of Virginia and such other responsibilities and duties, consistent with law, which from time to time may be imposed upon them by the local governing body or the Commission and as stated in other sections of these Regulations.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981; amended eff. April 1, 1982.

4VAC45-10-30. Applications.

Any eligible locality may prepare an Application in accordance with the procedures outlined in the 4VAC45-10-130 and 4VAC45-10-140.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-40. Commission address.

Applications must be completed and submitted to the

Public Beach Commission

P.O. Box 339

Gloucester Point, VA 23062

Applications must be postmarked no later than the date established annually by the Commission.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-50. Procedures for submittal and review of grant proposals.

The application is developed in two steps. First, a locality must submit a preproposal as outlined in 4VAC45-10-130. This document will aid the Commission in budgeting and prioritizing requests for funds.

A locality which receives notice of acceptance of its preproposal may then submit a fully engineered and costed proposal to the Commission in accordance with procedures outlined in the 4VAC45-10-140.

Applications received by the Commission will be distributed to the Commissioners and the Technical Advisor for review prior to a formal meeting at which the Commission will determine which preproposals meet its criteria and are eligible for funding. The decision of the Commission will be forwarded to the chief elected official or authorized chief executive of a locality with a copy to the Advisory Commission.

Preproposals should serve as the basis for preparation of the fully engineered proposal. The anticipated long term beneficial effects of each funded project will be determined by the Commission with advice and assistance from the technical advisor. Each locality will be responsible for assuring public access to any funded project beach throughout the anticipated useful life of the project. For fiscal year 1980-1981, those proposals received by April 30th will be reviewed by the Commission and the technical advisor. Final acceptance and level of funding will be decided by the Commission by June 15th. The Commission will notify participating localities of its decision by June 30th. For subsequent fiscal years, the Commission will notify eligible localities of the pertinent submission and response dates by July 31st.

Proposal Selection Criteria

In addition to the criteria stated in Section 10-221 of the Code of Virginia, the Commission will include the following items for the selection of localities eligible for funds:

1. Accessibility of the beach for use by the general public; and

2. Benefits to the state and the locality derived from the execution of the project.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-60. Environmental review.

During the development of the proposal, the locality must contact the appropriate environmental regulatory agencies which issue permits and certifications to undertake the project. The locality must comply with all pertinent environmental regulations and conditions to receive a grant from the Commission. The contact should be early in the formulation of the proposal. Early application for the necessary permits is recommended. No grant application will be approved for payment until the required permits are presented to the Commission.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-70. Funds.

The mandated features of this State matching grant program are:

1. The maximum amount of State grant funds that a locality may obtain is 30 percent of the amount appropriated to the public beach assistance fund for that year.

2. The State will provide the funds to localities on a 50-50 matching basis with either one lump sum or in successive fiscal year payments.

3. State funds may be combined with local funds to match Federal funds, provided the local amount is at least as much or more than one-half of the combined State and local share, and the conditions of items 1 and 2 are met.

For purposes of this program, revenue sharing funds received by localities shall be considered as local funds and may be used as the local share for meeting the above stated conditions. Other grants such as Coastal Plains Commission monies shall not be considered local funds.

For purposes of this program, the costs of engineering design work, construction performance and beach response monitoring, whether conducted by the locality itself or by a private firm under contract with the locality, may be included as part of the local match.

Payment may be requested in one initial payment or on fiscal year basis. Any residue funds at the end of the grant period will revert to the Commission. In any period in which funds are not appropriated by the General Assembly, multiple year grants will terminate without further obligation on the Commonwealth for funding.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-80. Funding period.

The funding period of any approved grant request from a locality for beach erosion control is to be on a fiscal year basis in accordance with the Code of Virginia, Sections 2.1-197 and 2.1-202.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-90. Examination of records.

The Commission, or its duly authorized representative, shall have access to and the right to examine all of a locality's financial records, documents, and papers related to the expenditure of a grant by the locality for beach erosion control, pursuant to the Public Beach Conservation and Development Act, Section 10-215 through 10-222.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-100. Reporting requirements.

The Commission will require that timely financial reports be prepared by a recipient locality and submitted to the Commission for all funds, expended or unexpended, and in any event at least at the end of each fiscal year. Fiscal year reports should be received by the Commission no later than July 31st of each year.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-110. Terms of payment.

The Commission chairman, with Commission approval, will direct the Department of Conservation and Economic Development to periodically forward payments to the recipient locality, with payment to be executed in accordance with the approved grant application.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-120. Right to withdraw grant.

The Commission will require the return of Public Beach Assistance funds from a locality for unsatisfactory project compliance.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-130. Preproposal application procedures.

Preproposal

The applicant shall define and establish priorities for the locality's beach areas as a part of its preproposal to be submitted to the Commission. The preproposal should be a succinct description of the locality project, including the following:

1. Name, address, and telephone number of point of contact within locality.

2. General project description. A short one or two paragraph statement about the proposed project including:

a. Project location;

b. Type of project, i.e. nourishment, groin field;

c. Type and possible locations of structures, if applicable;

d. Volume of nourishment, if applicable;

e. Source of nourishment, if known; and

f. Short statement outlining why the project is needed.

3. Long range plan phase. A statement identifying whether this project is part of a long range plan; and if so what phase it represents. First time preproposals should indicate whether a long range plan is being developed.

4. Ownership and public beach compliance. The locality must submit sufficient proof of ownership of the public beach and/or proof of easements allowing the use of the beach by the general public.

5. Matching fund source. Suitable sources of matching funds outlined in the section on FUNDS of these Regulations should be broken down and described.

6. Estimate of project cost. This is a reasonable estimate of the total amount of funds required to complete the project. In addition, this total cost should be broken down to indicate the portion requested from the Public Beach Assistance Fund and identified estimates of amounts to be received from other sources.

7. Map of the project area. A suitable scale map delineating project limits, possible locations of proposed structures, location of nourishment area, and source of nourishment, if known.

8. Estimate of project start-up and completion dates.

9. Monitoring plan application. Each should include a plan for monitoring the response of the beach to the program outlined in the preproposal.

10. Additional information. Locality may submit additional information to justify its proposed program.

11. A copy of the local erosion advisory commission recommendations.

12. Signatories. Signature of the chief elected official or authorized chief executive of the locality.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-140. Proposal application procedures.

Proposal Elements

The following information is necessary to fully consider a proposal. Additional information may be prescribed after review of the preproposal.

The final proposal submitted by a locality may contain any combination of the following activities, provided all information requested for an activity is included.

Nourishment:

1. Name, address, and telephone number of point of contact within locality.

2. Location map defining limits of the project.

3. Plan view with topography, bathymetry, and access points, MHW and MLW lines.

4. Selected cross-sectional views showing existing conditions and a proposed cross-sectional view.

5. Estimate of the volume of material to be used.

6. Over-fill requirements. This is an expression of the expected amount of material to be retained versus that placed on the beach.

7. Source of nourishment material.

8. Grain size analysis of the existing beach material (from backshore, foreshore, and nearshore).

9. Grain size analysis of proposed beach fill.

10. Description of the method of transporting beach fill.

11. Rationale for the approach over the next most likely candidate.

12. Detailed cost estimate.

13. Starting date and duration of project.

14. Sequence of fill installation if more than one area is to be treated.

15. Source of matching funds. This section should confirm, amplify, or modify, as necessary, matching fund source information contained in the preproposal.

a. Federal contribution

b. Local contribution

16. Permits. Attach evidence of having applied for all necessary environmental permits.

17. Design life and annual maintenance cost.

18. Signatories. Signature of the chief elected official or authorized chief executive of the locality.

Structural Alternatives (groins, jetties, breakwaters, sills):

1. Name, address, and telephone number of point of contact within locality.

2. Location map.

3. Plan view with topography, bathymetry, and access points, MHW and MLW lines.

4. Engineering plans detailing:

a. Length;

b. Height;

c. Shape;

d. Penetration;

e. Spacing and orientation;

f. Installation sequence; and

g. Material used to construct structure with details of size and shape.

5. Detailed cost estimate.

6. Starting date and duration of project.

7. Source of matching funds. This section should confirm, amplify, or modify, as necessary, matching fund source information contained in the preproposal.

a. Federal contribution

b. Local contribution

8. Permits. Attach evidence of having applied for all necessary environmental permits.

9. Design life and annual maintenance cost.

10. Signatories. Signature of the chief elected official or authorized chief executive of the locality.

Dune Restoration/Establishment:

1. Name, address, and telephone number of point of contact within locality.

2. Location map defining project limits.

3. Plan view with topography and location of sand fences and cross-overs, and MHW line.

4. Selected cross-sectional views showing existing conditions and a proposed cross-section of the dune.

5. Type of plants to be used.

6. Type of fertilizer to be used.

7. Application dates of fertilization.

8. Detailed cost estimate.

9. Starting date and duration of project.

10. Source of matching funds. This section should confirm, amplify, or modify, as necessary, matching fund source information contained in the preproposal.

a. Federal contribution

b. Local contribution

11. Permits. Attach evidence of having applied for all necessary environmental permits.

12. Design life and annual maintenance cost.

13. Signatories. Signature of the chief elected official or authorized chief executive of the locality.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-150. Monitoring program.

Each participating locality must submit an outline of a beach response monitoring program with its application. Each locality should pattern its program to its needs. Items for consideration in developing such a program are:

1. Beach profiles reference to a known bench mark, preferably mean sea level.

2. Bathymetric profiles extending from beach profile lines to an appropriate distance offshore.

3. Sediment samples from the beach and offshore along the profile lines.

4. Photography, both aerial and ground.

5. Time frame. The monitoring program should contain at least one set of data points before the installation of the project. Updates along the profile lines should be timed to reflect changes in the system. Each locality should be prepared to monitor pre- and post-storm beach response.

Each locality should develop a reasonable monitoring program which reflects beach changes but is not an excessive financial burden to the locality. Assistance from the Commission and the Technical Advisor is available in developing the minimum requirements for an acceptable monitoring program.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-160. Locality responsibility.

The locality must agree to be responsible for all aspects of a funded beach enhancement program. Prior to commencement, the locality must start its monitoring program. The locality must also notify the Commission of the beginning of the project commencement. The Commission will direct the Technical Advisor to inspect the operation from time to time. The Technical Advisor will notify the locality of his intended inspection dates and times. Periodically updated installation and response reviews by the Technical Advisor will be submitted to the Commission for consideration.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

4VAC45-10-170. Standard contract provision.

There shall be a statement on each Application concerning nondiscrimination because of race, religion, color, sex, or national origin, plus a statement to the fact that the Grantee is an Equal Opportunity Employer.

Statutory Authority

Chapter 21, Title 10, Code of Virginia, 1950 as amended.

Historical Notes

Derived from VR570-01-00, eff. April 12, 1981.

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