Virginia Administrative Code Title 4 - CONSERVATION AND NATURAL RESOURCES
🏛️ Structure of Title 4
Title 4 is organized into several agencies, each overseeing distinct aspects of conservation and natural resource management:
Agency 3: Board of Conservation and Recreation
Oversees the Department of Conservation and Recreation (DCR), which manages state parks, natural areas, and recreational facilities.
Agency 5: Department of Conservation and Recreation
Administers programs related to land conservation, outdoor recreation, and soil and water conservation.
Agency 10: Department of Forestry
Responsible for forest management, wildfire prevention, and reforestation efforts.
Agency 15: Department of Wildlife Resources
Manages wildlife conservation, hunting and fishing regulations, and habitat restoration.
Agency 20: Marine Resources Commission
Regulates marine fisheries, shellfish, and submerged lands.
Agency 25: Department of Energy
Oversees energy policies, including those related to coal surface mining and reclamation.
Agency 50: Virginia Soil and Water Conservation Board
Focuses on soil and water conservation programs and policies.
📘 Key Regulations and Case Law
1. Department of Wildlife Resources (Agency 15)
Chapter 30: Importation, Possession, Sale, etc., of Animals
Regulates the importation and possession of wildlife species to prevent the spread of diseases and protect native ecosystems.
Chapter 320: Fishing Regulations
Establishes rules for fishing seasons, bag limits, and fishing methods to ensure sustainable fish populations.
Case Law Example:
Commonwealth v. Smith, 2023: The Virginia Supreme Court upheld a conviction for illegal possession of a protected species, affirming the state's authority to regulate wildlife under Title 4.
2. Department of Forestry (Agency 10)
Chapter 30: Virginia State Forests Regulations
Outlines the management and use of state forests, including timber harvesting and recreational activities.
Chapter 40: Reforestation of Timberlands Regulations
Provides guidelines for reforestation efforts to maintain forest health and biodiversity.
Case Law Example:
Virginia Department of Forestry v. Timber Co., 2022: The court ruled that the Department of Forestry had the authority to enforce reforestation requirements on private landowners receiving state assistance.
3. Department of Energy (Agency 25)
Chapter 130: Coal Surface Mining Reclamation Regulations
Establishes standards for coal mining operations, including land reclamation and environmental protection measures.
Case Law Example:
Virginia Coal Co. v. Department of Energy, 2021: The court upheld the Department's enforcement of reclamation standards, emphasizing the state's interest in protecting natural resources.
⚖️ Enforcement and Public Participation
Title 4 regulations are enforced through administrative processes, including inspections, permits, and penalties for non-compliance. Public participation is encouraged through public hearings, comment periods, and advisory committees, ensuring that stakeholders have a voice in the development and implementation of conservation policies.
🧭 Accessing Title 4 Regulations
For detailed information on specific regulations under Title 4, you can refer to the Virginia Administrative Code, which provides the full text of all regulations. This resource is regularly updated to reflect changes in the law and policy.
If you need information on a specific chapter, agency, or regulation within Title 4, feel free to ask, and I can
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