TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES

Fast-Track Regulation

Title of Regulation: 4VAC45-10. Regulations Governing Application for and Use of Grant Funds to Localities (repealing 4VAC45-10-10 through 4VAC45-10-170).

Statutory Authority: § 10.1-107 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 31, 2025.

Effective Date: January 15, 2026.

Agency Contact: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, fax (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.

Basis: Section 10.1-107 of the Code of Virginia authorizes the Board of Conservation and Recreation to promulgate regulations necessary for the execution of the Public Beach Conservation and Development Act (Article 2 (§ 10.1-705 et seq.) of Chapter 7 of Title 10.1 of the Code of Virginia). The third enactment of Chapter 89 of the 2003 Acts of Assembly provides that all rules and regulations adopted by the Board on Conservation and Development of Public Beaches shall remain in full force and effect until amended or rescinded by the Board of Conservation and Recreation and that the Board of Conservation and Recreation shall promulgate, as soon as practicable, any necessary changes to the regulations to complete the consolidation of the boards.

Purpose: This action will eliminate outdated and unnecessary regulatory provisions that no longer serve a purpose. The regulation governs the application for and use of grant funds to localities for public beach preservation, but the associated fund has not been replenished or used since before 2003. The repeal supports the public's health, safety, and welfare by promoting a clearer and more accurate regulatory framework, reducing confusion, and ensuring that the regulatory catalog reflects current governance structures and funding realities.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and is appropriate for the fast-track rulemaking process because it will promote transparency by providing a clearer regulatory environment for the public and localities by eliminating outdated provisions. In addition, this action will improve clarity by ensuring current regulations accurately reflect the existing governance structure.

Substance: The action repeals Regulations Governing Application for and Use of Grant Funds to Localities (4VAC45-10). The regulation outlines procedures and requirements for localities to apply for and use state grant funds for public beach preservation. However, the program has been inactive for over two decades, and the Board on Conservation and Development of Public Beaches, which originally promulgated the regulation, was dissolved in 2003.

Issues: Advantages to the public include improved transparency and clarity in the regulatory framework by removing outdated and unused provisions, which will ensure that citizens and localities are not misled by obsolete regulations. Advantages to the agency and the Commonwealth include reduced administrative burden and a more streamlined administrative code that accurately reflects current statutory authority and agency responsibilities. There are no known disadvantages to the public, the agency, or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Conservation and Recreation proposes to repeal the Regulations Governing Application for and Use of Grant Funds to Localities (4VAC45-10).

Background. The Regulations Governing Application for and Use of Grant Funds to Localities (4VAC45-10) outline criteria for implementing a public beach grant program. However, funding for this program has not been available since prior to 2003, when the Board on Conservation and Development of Public Beaches was abolished. The Department of Conservation and Recreation believes it is highly unlikely that it would be funded in the future.

Estimated Benefits and Costs. The proposed repeal of 4VAC45-10 would have no impact beyond reducing the likelihood that some readers of regulations would be misled into believing that an extinct program still was active.

Businesses and Other Entities Affected. The regulation and program prior to 2003 affected localities that had beaches, but no entity (other than perhaps some readers of regulations) would be affected by repealing the regulation now. The Code requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ Since the proposal neither increases costs nor reduces benefits, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposal would not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed repeal of the regulation neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. The proposal would not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal of the regulation does not affect the use and value of private property or real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Economic Impact Analysis: The Board for Conservation and Recreation concurs with the economic impact analysis performed by the Department of Planning and Budget.

Summary:

The action repeals Regulations Governing Application for and Use of Grant Funds to Localities (4VAC45-10), which is obsolete.