Virginia Law

Article 7. Secretary of Natural and Historic Resources.

The position of Secretary of Natural and Historic Resources (the Secretary) is created. The Secretary shall be responsible to the Governor for the following agencies: Department of Conservation and Recreation, Department of Historic Resources, Marine Resources Commission, Department of Wildlife Resources, and the Department of Environmental Quality and for the Chief Resilience Officer pursuant to § 2.2-220.5. The Governor may, by executive order, assign any state executive agency to the Secretary of Natural and Historic Resources or reassign any agency listed in this section to another Secretary.

1972, c. 641, §§ 2.1-51.7, 2.1-51.9; 1974, cc. 44, 45, 354, 420; 1975, c. 390; 1976, cc. 729, 732, 733, 734, 743, 767; 1978, c. 32; 1979, c. 294; 1982, c. 459; 1984, cc. 590, 720, 739, 750; 1985, cc. 193, 447, 448; 1986, cc. 335, 492, 567, 492; 1988, cc. 608, 707, 891; 1989, c. 656; 1992, c. 887; 2001, c. 844; 2004, c. 142; 2005, c. 41; 2012, cc. 803, 835; 2020, c. 958; 2021, Sp. Sess. I, c. 401; 2022, c. 786.

The Secretary shall:

1. Serve as the lead Secretary for the coordination of technical assistance, information, and training to ensure that consistent water quality information is provided to all citizens of the Commonwealth; and

2. Consult with the Secretary of Agriculture and Forestry and the Secretary of Health and Human Resources and cooperate with appropriate state and federal agencies in the development and implementation of a comprehensive program to monitor the quality of the waters, habitat, and the living resources of the Chesapeake Bay and its tributaries.

1984, c. 183, § 2.1-51.8:2; 1986, c. 492; 2001, c. 844; 2004, c. 58; 2008, c. 368.

The Secretary shall establish the "Friend of the Bay Award" program. The program shall annually recognize those individuals, businesses, organizations and other entities that have made significant efforts to preserve and enhance the Chesapeake Bay and its tributaries. The program shall make such awards on a noncompetitive basis, using criteria to be developed by the Secretary, in consultation with those agencies within the Secretariat, the Virginia delegation to the Chesapeake Bay Commission and the Citizens Advisory Committee to the Chesapeake Executive Council.

1994, c. 392, § 2.1-51.8:3; 2001, c. 844.

The Secretary shall coordinate the development of Watershed Implementation Plans (WIPs) pursuant to the total maximum daily load (TMDL) for the Chesapeake Bay released by the U.S. Environmental Protection Agency in December 2010 and amendment thereto. The WIPs shall be designed to improve water quality and restore the living resources of the Chesapeake Bay and its tributaries. The WIPs shall be developed in consultation with affected stakeholders, including local government officials; wastewater treatment operators; seafood industry representatives; commercial and recreational fishing interests; developers; farmers; local, regional and statewide conservation and environmental interests; and the Virginia delegation to the Chesapeake Bay Commission.

1996, c. 1031, § 2.1-51.12:1; 1999, c. 548; 2001, c. 844; 2003, c. 885; 2015, c. 380.

Repealed by Acts 2016, c. 120, cl. 1.

Repealed by Acts 2015, c. 48, cl. 1.

By November 1 of each year, the Secretary of Natural and Historic Resources shall report to the Governor and the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources on the implementation of the 2014 Chesapeake Bay Watershed Agreement. The Secretary may use documents, reports, and other materials developed in cooperation with other signatories to the agreement, including the U.S. Environmental Protection Agency and other relevant federal agencies or nongovernmental organizations, to fulfill this reporting requirement.

2001, c. 259, § 2.1-51.12:4; 2015, c. 475; 2021, Sp. Sess. I, c. 401.

A. The Secretaries of Natural and Historic Resources and Agriculture and Forestry shall coordinate the development of strategic actions to be taken by the Commonwealth, individual state and federal agencies, private businesses, and landowners related to invasive species prevention, early detection and rapid response, control and management, research and risk assessment, and education and outreach. Such strategic actions shall include the development of a state invasive species management plan. The plan shall include a list of invasive species that pose the greatest threat to the Commonwealth. The primary purposes of the plan shall be to address the increasing threats of invasive species, to improve coordination among state and federal agencies' efforts regarding invasive species prevention and management and information exchange, and to educate the public on related matters. The Secretaries of Natural and Historic Resources and Agriculture and Forestry shall update the state invasive species management plan at least once every four years. The Department of Conservation and Recreation shall provide staff support.

B. The Secretary of Natural and Historic Resources shall establish and serve as chair of an advisory group to develop an invasive species management plan and shall coordinate and implement recommendations of that plan. Other members of the advisory group shall include the Departments of Agriculture and Consumer Services, Conservation and Recreation, Environmental Quality, Forestry, Health, Transportation, and Wildlife Resources; the Marine Resources Commission; the Virginia Cooperative Extension; the Virginia Institute of Marine Science; representatives of the agriculture and forestry industries; the conservation community; interested federal agencies; academic institutions; and commercial interests. The Secretary of Agriculture and Forestry shall serve as the vice-chair of the advisory group. The advisory group shall meet at least twice per year, shall utilize ad hoc committees as necessary with special emphasis on working with affected industries, landowners, and citizens, and shall assist the Secretary to:

1. Prevent additional introductions of invasive species to the lands and waters of the Commonwealth;

2. Procure, use, and maintain native species to replace invasive species;

3. Implement targeted control efforts on those invasive species that are present in the Commonwealth but are susceptible to such management actions;

4. Identify and report the appearance of invasive species before they can become established and control becomes less feasible;

5. Implement immediate control measures if a new invasive species is introduced in Virginia, with the aim of eradicating that species from Virginia's lands and waters if feasible given the degree of infestation; and

6. Recommend legislative actions or pursue federal grants to implement the plan.

Nothing in this section shall affect the authorities of any agency represented on the advisory group with respect to invasive species.

C. The Secretaries of Natural and Historic Resources, Agriculture and Forestry, and Administration shall coordinate the development of strategic actions to be taken by state agencies to prioritize the use of native plant species. Such strategic actions shall (i) identify state properties appropriate to restore to natural communities and native species habitats, (ii) encourage all state agencies to prioritize native plants and trees when planting or propagating on state properties, and (iii) provide guidance to state agencies that manage state properties on restoration of properties degraded by invasive plants by planting more natural communities and native species habitats.

D. As used in this section, "invasive species" means a species, including its seeds, eggs, spores or other biological material capable of propagating that species, that is not native to the ecosystem and whose introduction causes or is likely to cause economic or environmental harm or harm to human health; however, "invasive species" does not include (i) any agricultural crop generally recognized by the U.S. Department of Agriculture or the Virginia Department of Agriculture and Consumer Services as suitable to be grown in the Commonwealth or (ii) any aquacultural organism recognized by the Marine Resources Commission or the Department of Wildlife Resources as suitable to be propagated in the Commonwealth.

2009, cc. 144, 619; 2020, c. 958; 2021, Sp. Sess. I, c. 401; 2023, c. 193.

The Secretary of Natural and Historic Resources, with assistance from the Secretary of Agriculture and Forestry, shall establish and maintain a database of the critical data attributes for onsite best management practices implemented in the Commonwealth that limit the amount of nutrients and sediment entering state waters. The database shall document voluntary actions taken by the agricultural and silvicultural sectors and should enable the application of the collected data towards projections of progress towards Virginia's water quality goals by sharing the data with the appropriate federal or state agencies. To the extent possible or appropriate, the database shall (i) be uniform in content and format to applications in the other states of the Chesapeake Bay watershed, (ii) maintain the confidentiality of information, and (iii) use existing methods of data collection including reports to the U.S. Department of Agriculture's Farm Service Agency, soil and water conservation districts, and localities for the purpose of land use valuation. Any information collected pursuant to this section shall be exempt from the Freedom of Information Act (§ 2.2-3700 et seq.).

2010, c. 172; 2021, Sp. Sess. I, c. 401.

The Secretary shall report participation by affected localities in the Community Rating System (CRS) of the National Flood Insurance Program (42 U.S.C. § 4001 et seq.) to the Governor and the General Assembly no later than November 1, 2018. The report shall list any affected locality that does not participate in the CRS, determine the costs and benefits to localities of participation in the CRS, and recommend any legislation necessary to encourage participation.

2017, c. 274.

A. The Governor shall designate a Chief Resilience Officer. The Chief Resilience Officer shall serve as the primary coordinator of resilience and adaptation initiatives in Virginia and as the primary point of contact regarding issues related to resilience, as that term is defined in § 10.1-603.28. The Chief Resilience Officer shall be equally responsible for all urban, suburban, and rural areas of the Commonwealth. All agencies of the Commonwealth shall assist the Chief Resilience Officer in the discharge of his duties upon request.

B. The Chief Resilience Officer shall (i) promote communication, coordination, and cooperation between state agencies, the federal government, local governments, other political subdivisions of the Commonwealth, and other interested parties regarding resilience; (ii) lead in developing and in providing direction and ensuring accountability for a statewide resilience and adaptation strategy; (iii) seek to ensure that resilience and adaptation strategies prioritize the protection of Virginia's natural resources and maximize the implementation of nature-based design while supporting Virginia's statutory obligations to clean water; and (iv) initiate and assist with economic development opportunities associated with adaptation. The Chief Resilience Officer, in his role, shall also:

1. Identify and monitor those areas of the Commonwealth that are at greatest risk from significant multi-hazard threats and recommend actions that both the private and public sectors should consider in order to increase the resilience of such areas;

2. Provide support to local governments, as that term is defined in § 10.1-603.28, that are seeking to promote resilience within their communities by providing technical assistance and capacity building support regarding best practices for resilience planning, data collection, and project design and implementation;

3. Coordinate with the Department of Emergency Management on all issues related to pre-disaster hazard mitigation and post-disaster recovery;

4. Assist the Department of Conservation and Recreation with the development and implementation of a Virginia Flood Protection Master Plan and a Virginia Coastal Resilience Master Plan in accordance with § 10.1-602;

5. Seek to maximize the coordination, availability, and use of federal, state, and private funding to address resilience challenges, including initiating and assisting with the pursuit of funding opportunities at both the state and local levels. In order to maximize federal funding, the Chief Resilience Officer is authorized to:

a. Serve as a non-federal sponsor, as that term is described in 33 C.F.R. § 203.15, and enter into a legal agreement with the U.S. Army Corps of Engineers for the purpose of mitigating flooding and integrating resilience, at the request of and in coordination with an eligible funding recipient;

b. Enter into and execute agreements with the federal government, including the U.S. Department of Defense, for support for flood control initiatives to increase resilience related to U.S. Department of Defense installations; and

c. Make applications on behalf of the Commonwealth for other federal funding as directed by the Governor;

6. Coordinate the collection and dissemination of the best available resilience science, legal guidance, planning strategies, best practices, and needs assessments to the public. Such needs assessments shall include any local government needs assessments that have been submitted to the Chief Resilience Officer. Such information shall be made available on a publicly accessible website; and

7. Beginning July 1, 2025, and every two years thereafter, report to the Governor and the General Assembly on the status of resilience in the Commonwealth. Such report shall include the status of actions undertaken by the Chief Resilience Officer and state agencies regarding resilience coordination and planning and all resilience funding received and distributed by the Commonwealth during the prior two years. In preparing the report, the Chief Resilience Officer shall also coordinate with the Director of Diversity, Equity, and Inclusion and shall be assisted by all relevant Secretariats and agencies.

C. The Chief Resilience Officer shall convene an Interagency Resilience Management Team (the Team) to support the coordination of planning and implementation of resilience efforts, and he shall serve as chairman of the Team. The Team shall meet on the call of the chairman but not less than once every three months. Membership of the Team shall include representatives from the Departments of Agriculture and Consumer Services, Conservation and Recreation, Emergency Management, Energy, Environmental Quality, Forestry, General Services, Health, Historic Resources, Housing and Community Development, Transportation, and Wildlife Resources; the Marine Resources Commission; the Virginia Resources Authority; the Office of Diversity, Equity, and Inclusion; and others as appointed by the Governor. Each agency participating in the Team shall designate a resilience coordinator to represent such agency in the Team. The responsibilities of the Team shall include:

1. Exchanging information and best practices related to resilience, including means of integrating common language and practices for resilience work across agencies;

2. Advising the Chief Resilience Officer on strategies for enhancing resilience planning and funding coordination across agencies under a unified statewide approach to resilience; and

3. Recommending metrics for measuring the progress of resilience efforts in the Commonwealth.

2022, c. 786; 2024, c. 753.