2006 Code of Virginia § 15.2-2202 - Duties of state agencies

15.2-2202. Duties of state agencies.

A. The Department of Environmental Quality shall distribute a copy of theenvironmental impact report submitted to the Department for every major stateproject pursuant to regulations promulgated under 10.1-1191 to the chiefadministrative officer of every locality in which each project is proposed tobe located. The purpose of the distribution is to enable the locality toevaluate the proposed project for environmental impact, consistency with thelocality's comprehensive plan, local ordinances adopted pursuant to thischapter, and other applicable law and to provide the locality with anopportunity to comment. The Department shall distribute the reports tolocalities, solicit their comments, and consider their responses insubstantially the same manner as the Department solicits and receivescomments from state agencies.

B. In addition to the information supplied under subsection A, everydepartment, board, bureau, commission, or other agency of the Commonwealthwhich is responsible for the construction, operation, or maintenance ofpublic facilities within any locality shall, upon the request of the localplanning commission having authority to prepare a comprehensive plan, furnishreasonable information requested by the local planning commission relative tothe master plans of the state agency which may affect the locality'scomprehensive plan. Each state agency shall collaborate and cooperate withthe local planning commission, when requested, in the preparation of thecomprehensive plan to the end that the local comprehensive plan willcoordinate the interests and responsibilities of all concerned.

C. Every state agency responsible for the construction, operation ormaintenance of public facilities within the Commonwealth shall notify thechief administrative officer of every locality in which the agency intends toundertake a capital project involving new construction costing at least$100,000. The notice shall be given during the planning phase of the projectand prior to preparation of construction and site plans and shall informlocalities that preliminary construction and site plans will be available fordistribution, upon the request of the locality. Agencies shall not berequired to give such notice prior to acquisition of property. The purpose ofthe notice and distribution is to enable the locality to evaluate the projectfor consistency with local ordinances other than building codes and toprovide the locality with an opportunity to submit comments to the agencyduring the planning phase of a project. Upon receipt of a request from alocality, the state agency shall transmit a copy of the plans to the localityfor comment.

D. Nothing in this section shall be construed to require any state agency toduplicate any submission required to be made by the agency to a localityunder any other provision of law.

E. Nothing herein shall be deemed to abridge the authority of any stateagency regarding the facilities now or hereafter coming under itsjurisdiction.

F. The provisions of this section shall not apply to highway, transit orother projects, as provided in 10.1-1188 B.

G. The provisions of this section shall not apply to the entering of anyoption by any state agency for any projects listed in subsection C.

(1993, c. 786, 15.1-428.1; 1997, c. 587; 2001, c. 281.)