Title 62.1. Waters of the State, Ports and Harbors
Chapter 3.8. Chesapeake Bay Watershed Implementation Plan Initiatives
Article 2. Nutrient Management Plans for Chesapeake Bay Cropland.
§ 62.1-44.120. (For contingent effective date, see § 62.1-44.119:1) Definitions.As used in this article, unless the context requires a different meaning:
"Chesapeake Bay cropland" means cropland in the Commonwealth located in the Chesapeake Bay watershed on which fertilizer, manure, sewage sludge, or another compound containing nitrogen or phosphorous is applied. "Chesapeake Bay cropland" does not include lands on which bovines are pastured.
"Department" means the Department of Conservation and Recreation.
"Nutrient management plan" means a plan prepared by a certified nutrient management planner pursuant to § 10.1-104.2 and regulations adopted thereunder.
"Operator" means any person who exercises managerial control over Chesapeake Bay cropland.
§ 62.1-44.121. (For contingent effective date, see § 62.1-44.119:1) Chesapeake Bay cropland; nutrient management plans.A. Any operator of 50 or more acres of Chesapeake Bay cropland shall maintain and implement an approved nutrient management plan.
B. The Department shall review any nutrient management plan submitted pursuant to subsection A within 30 days of submission and shall determine whether such nutrient management plan was prepared by a certified nutrient management planner. If the Department determines that such plan was prepared by a certified nutrient management planner, the Department shall approve such plan. An approved nutrient management plan shall be revised and resubmitted for approval to the Department every five years thereafter. If the Department determines that such nutrient management plan was not prepared by a certified nutrient management planner, the Department shall provide to the person who is required to submit the nutrient management plan a list of items required to be corrected, and such person shall have 30 days to resubmit the plan.
C. Any nutrient management plan required pursuant to subsection A shall be made available to the Department upon request.
D. Any information collected by the Department pursuant to subsection B or C is excluded from the mandatory disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).