The Chesapeake Bay Watershed Agricultural Compliance with Ches Bay Law

1
The Chesapeake Bay WatershedAgricultural
Compliance with Ches Bay Law
New York
Pennsylvania
Maryland
Delaware
West Virginia
District of Columbia
Virginia
2
Todays Presentation

• What are the administrative issues?
• What is the law around agriculture and Ches Bay?
• Shall TCC convene a technical and legal workshop?

3
Administrative Issue 1 how many plans are
needed?

• Guestimate is 1,000
• Toolkit says 300 producers have been serviced
• Contact with Commissioner of Revenue to get an
  accurate count
• Match COR list with TCC list

4
Administrative Issue 2 How long does it take
to prepare a plan?

• New conservation plan 3 days
• Revise conservation plan 2 hours
• Nutrient or Pest Plan (where conservation plan is
  already written) 3 hours

5
Administrative Issue 3 How will TCC fund this
task?

• Jurisdiction pays?
• General Assemby ponies up ?
• Number of years to get in compliance with
  existing staff??

6
Trib Strategy Goals for Stafford reference only
what was expected in 2003
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What does the law require when ag activities are
being conducted?

• Soil Water Conservation Plan
• Nutrient Management Plan
• Pest Management Plan
• Higher priority on fields/parcels on RPA

8
What does the law require for silvaculture
activities?

• Adhere to Forestry BMPs in 1997 Virginia
  Technical Guide
• Dept of Forestry oversees monitors
• But, obviously we need coordination between TCC,
  DOF, and County

9
Who is responsible?

• TCC is responsible for three plans
• County government is responsible for enforcement

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Are Ag and Forest Buffers the Law?

• Yes
• 100 feet on perennial streams or wetlands
• Must be retained
• Or, must be re-established

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Are there any permitted modifications to buffer?

• Yes, but concentrated flows and noxious weeds
  must be managed as part of modification
• 50 encroachment with one practice IF equivalent
  protection to 100 buffer
• 75 encroachment with erosion, nutrient, and pest
  management on adjacent land but T must be met

12
What if specific problems are present?

• TCC reports non-compliance to local govt
• TCC and County prepare a timeline for compliance

13
What if landowner refuses assistance?

• Report to County
• County and TCC make a timeline not to exceed 18
  months for compliance

14
Workshop covering legal and technical aspects of
law needed

• Cover this law in detail with TCC, counties,
  interested NGOs, DCR, CBLAD, Extension.
• CBLAD intends to make ag compliance part of next
  CBLAD review
• Invite Hanover/Caroline SWCD to participate with
  discussion of conversion questions.
• GWRC may be willing to host as follow on to their
  phase III Ches Bay work

15
Wrap Up Slide

• Fine tuning number that need plan
• Fine turning time to do plan
• Need a funding discussion after above
• Shall we convene a workshop or ask GWRC to
  convene a workshop to cover technical and legal
  issues?