Senate Bill 436, enacted by the General Assembly during its 1972 session, directed the Division of State Planning and Community Affairs to conduct a study of Virginia's critical environmental areas. The legislation was a result of a report prepared by the Governor's Council on the Environment's Land Use Task Force.

The Division solicited the assistance of fourteen state agencies with selected responsibilities. involving environmental issues, and the nineteen organized planning district commissions to help develop criteria and nominate critical environmental areas. In addition, input was invited from local governments, groups and organizations, institutions of higher learning and individual citizens during the entire course of the study. After receiving information from these various sources and conducting five public hearings, the Division delineated 134 different critical environmental areas throughout the Commonwealth.

These areas included such natural and cultural categories as wetlands, flood plains, watersheds, shorelands, and historic and scenic places. Critical areas were delineated in both urban and rural regions.

To protect those areas delineated by the Critical Environmental Areas study, the Division of State Planning and Community Affairs makes the following recommendations:

1/The General Assembly should endorse the areas delineated by the report as the Commonwealth's "official" list of critical environmental areas.

2/The Division of State Planning and Community Affairs should be authorized, by an amendment to Virginia Planning Legislation, to be responsible for the continued evaluation and designation of critical environmental areas.

3/The Virginia Area Development Act should be amended to authorize the Commonwealth's twenty-two planning district commissions to undertake a two year study of those critical environmental areas designated by this report. These studies would investigate, evaluate, and delineate in detail all those areas already designated by the Division, as well as other areas which may warrant inclusion in the program, and offer means for their protection.

4/These studies, known as a district's Critical Environmental Areas Plan, should be an integral part of the Land Use Element of its overall comprehensive plan. The Division of State Planning and Community Affairs should have first review and approval authority, followed by final approval by the planning district commissions. Local governments within a planning district should be given one year to adopt the Critical Environmental Areas Plan, together with accompanying implementing ordinances.

5/A Critical Areas Review Board should be created by the General Assembly. The Board would consist of citizen members appointed by the Governor and approved by the General Assembly. The Board's membership would also include the Director of the Division of State Planning and Community Affairs. The Critical Areas Review Board would ultimately have authority for enforcing a critical environmental areas program in those areas where no adequate regional Critical Environmental Areas Plan was prepared, or where a locality failed to take the necessary action to implement approved protective measures.

6/During the initial three year period that regional plans are being prepared and adopted, the Board would review proposals and issue permits for development within critical environmental areas which encompass ten acres or more, or have a gross floor area within all structures of 40,000 square feet or more, or require another permit from the State or federal government. The Board would have the authority to accept a development proposal as presented, approve it contingent upon specified modifications, or disapprove it.