Virginia Law

Article 8. Wildlife Corridors.

As used in this article, unless the context requires a different meaning:

"Human-caused barrier" means a road, culvert, fence, wall, commercial or residential development, or other human-made structure that has the potential to affect the natural movement of fish or wildlife across a landscape.

"Plan" means the Wildlife Corridor Action Plan established pursuant to this article.

"Wildlife corridor" means an area connecting fragmented wildlife habitats separated by human activities or infrastructure.

2020, cc. 323, 672.

A. The Department, in collaboration with the Department of Transportation, the Department of Forestry, and the Department of Conservation and Recreation, shall create a Wildlife Corridor Action Plan.

B. The Plan shall:

1. Identify wildlife corridors, existing or planned barriers to movement along such corridors, and areas with a high risk of wildlife-vehicle collisions. The Plan shall list habitat that is identified as of high quality for priority species and ecosystem health; migration routes of native, game, and migratory species using the best available science and Department surveys, including landscape-scale data from the ConserveVirginia database or a similar land conservation strategy database maintained by the Department of Conservation and Recreation; lands containing a high prevalence of existing human barriers, including roads, dams, power lines, and pipelines; areas identified as of high risk of wildlife-vehicle collisions; habitat identified by the Department as being occupied by rare or at-risk species; and habitat identified as Critical Habitat under the federal Endangered Species Act of 1973, P.L. 93-205, as amended.

2. Prioritize and recommend wildlife crossing projects intended to promote driver safety and wildlife connectivity. The Plan shall describe each such project and include descriptions of wildlife crossing infrastructure or other mitigation techniques recommended to meet Plan goals.

3. Contain maps utilizing the ConserveVirginia public portal, or a similar land conservation strategy public portal maintained by the Department of Conservation and Recreation, and other relevant state databases that detail high-priority areas for wildlife corridor infrastructure and any other information necessary to meet the goals of the Plan.

C. The Secretary of Natural and Historic Resources and the Secretary of Transportation shall jointly submit the Plan to the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources no later than September 1, 2022, and shall jointly submit an updated version of the Plan every four years thereafter.

D. The Department shall assist state agencies and political subdivisions, and by request any federal agency, in considering and incorporating, where applicable, wildlife corridors and the recommendations of the Plan when developing any governmental strategic plan, map, or action. The Department shall publish the plan and any subsequent updates on its website.

2020, cc. 323, 672; 2021, Sp. Sess. I, cc. 401, 498.

A. As used in this section:

"Departments" means the Department of Conservation and Recreation, the Department of Forestry, the Department of Transportation, and the Department of Wildlife Resources.

"Eligible applicants" means representatives from (i) state agencies, (ii) metropolitan planning organizations, (iii) localities, (iv) regional transportation authorities, (v) Indian tribes, and (vi) nonprofit entities and academic institutions.

"Fund" means the Wildlife Corridor Grant Fund established in this section.

"Plan" means the Wildlife Corridor Action Plan established in § 29.1-579.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Wildlife Corridor Grant Fund. The Fund shall be established on the books of the Comptroller. Any voluntary contributions made pursuant to § 58.1-344.3, and all funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of providing grants for projects that conserve or enhance wildlife corridors prioritized by the Plan and associated wildlife crossing infrastructure projects. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department of Wildlife Resources.

C. The Director of the Department of Wildlife Resources shall administer the Fund and in consultation with the Departments shall determine how to disburse grants from the Fund to eligible applicants. Representatives of the Departments shall develop a timeline, scoring system, and criteria to disburse grants from the Fund in accordance with this section. Such criteria shall include the extent to which a project (i) furthers a priority identified in the Plan; (ii) reduces high-cost wildlife-vehicle collisions; (iii) extends the lifetime and reduces the maintenance costs of road-related infrastructure; (iv) connects certain types of protected areas, such as federal, state, or private lands with conservation easements; (v) benefits endangered or threatened species, species of greatest conservation need, or reintroduced wildlife populations; and (vi) leverages available federal grant funding.

D. In addition to projects that meet the criteria in subsection C, grants from the Fund may also be used for (i) nonconstruction projects that advance priorities in the Plan, such as data collection, infrastructure monitoring, feasibility studies, or the production of designs and plans; (ii) matching funds required to leverage federal grant funds for projects that would advance the Plan; (iii) exclusionary or funnel fencing to keep wildlife off of roads; (iv) maintenance costs associated with completed projects; and (v) administration and personnel expenses related to the purposes of the Fund.

E. The Department of Motor Vehicles shall provide a method by which an individual conducting a Department of Motor Vehicles transaction using electronic means may make a voluntary contribution to the Fund. The Department of Motor Vehicles shall inform such individual of the existence of the Fund and also that contributing to the Fund is voluntary.

F. The Department of Motor Vehicles shall collect all moneys contributed pursuant to subsection E and transmit the moneys on a regular basis to the State Treasurer, who shall credit the contributions to the Fund.

G. The Director of the Department of Wildlife Resources, on behalf of the Departments, shall submit a biennial report to the General Assembly by November 1 of each odd-numbered year, and such report shall be made available to the public. The report shall include the number and types of public and private funding opportunities sought for the Fund, the amount of public and private funding received by the Fund, the amount and number of awards from the Fund, and information regarding the progress of funded projects, including data on the use of project infrastructure by wildlife.

2026, c. 636.