Vol. 36 Iss. 5 - October 28, 2019

Chapter 30
Notice of Objection to Fast-Track Rulemaking Action

REGISTRAR'S NOTICE: Pursuant to § 2.2-4012.1 of the Code of Virginia, the Department of Conservation and Recreation has filed a notice of objection to the fast-track rulemaking action published in 36:1 VA.R. 47-53 September 2, 2019. If the agency proceeds with the normal promulgation process set out in Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia, the initial publication of the fast-track regulation will serve as the Notice of Intended Regulatory Action.

Title of Regulation: 4VAC5-30. Virginia State Parks Regulations (amending 4VAC5-30-10 through 4VAC5-30-32, 4VAC5-30-50, 4VAC5-30-150, 4VAC5-30-160, 4VAC5-30-170, 4VAC5-30-190, 4VAC5-30-220, 4VAC5-30-230, 4VAC5-30-260, 4VAC5-30-274, 4VAC5-30-276, 4VAC5-30-280, 4VAC5-30-300, 4VAC5-30-370, 4VAC5-30-390 through 4VAC5-30-420; adding 4VAC5-30-95; repealing 4VAC5-30-180).

Statutory Authority: § 10.1-104 of the Code of Virginia.

The Department of Conservation and Recreation has filed a notice of objection to the fast-track rulemaking action for 4VAC5-30, Virginia State Parks Regulations. The fast-track regulation was published in Volume 36, Issue 1, pages 47-53 of the Virginia Register of Regulations, on September 2, 2019. A 30-day public comment period was provided, and public comment was received through October 2, 2019.

The fast-track regulation was intended to (i) add 4VAC5-30-95 prohibiting public urination or defecation and repeal 4VAC30-180 regarding dressing and undressing, (ii) prohibit the use of generators at campsites and in the campground at all times, (iii) update definitions to reflect current statutory definitions, (iv) update procedures to accurately reflect current technologies, and (v) clarify rules for individuals visiting department properties or using department facilities.

The agency received more than the requisite 10 objections to the amendments. Due to the objections, the agency has discontinued using the fast-track rulemaking process. The agency will proceed with adoption of the amendments using the standard process under Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act (APA) and the publication on September 2, 2019, will serve as a Notice of Intended Regulatory Action in accordance with § 2.2-4012.1 of the Code of Virginia.

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

VA.R. Doc. No. R20-4581; Filed October 16, 2019, 17:32 p.m.