CASE STUDY - SMITH MOUNTAIN LAKE, VA
SMITH MOUNTAIN LAKE, VIRGINIA
Smith Mountain Lake is the second largest freshwater body in Virginia. It has 500 miles of shoreline and is surrounded by the Blue Ridge Mountains.
Non-native aquatic vegetation was detected in Smith Mountain Lane in 2001, which launched the creation of an Aquatic Vegetation Program managed by bordering Bedford, Franklin, and Pittsylvania counties via the Tri-County Lakes Administrative Commission. The program includes outreach and education, surveys and monitoring, rapid response, and control efforts.
Hydrilla and curlyleaf pondweed are two key aquatic invasive plants. Both have been controlled to maintenance levels by the introduction of 6,000 sterile grass carp in 2013. No herbicide treatments have been conducted in the lake since 2012.
Local governments in Virginia may only exercise those power expressly granted to them by the Virginia Constitution or State legislature.
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MAJOR ESTIMATED PATHWAYS OF AIS INTRODUCTION TO SMITH MOUNTAIN LAKE
SUB-PATHWAY
PATHWAY - AVIATION
JURISDICTION
RESPONSIBLE CITY/COUNTY DEPT.
STATE LAW/REGULATION
LOCAL AUTHORITY
RECOMMENDATION
City of Roanoke
Roanoke-Blacksburg Regional Airport is operated by Roanoke Regional Airport Commission. 4 members of the 7 member commission appointed by Roanoke City Council and two by Roanoke County Board of Supervisors.
Cities and incorporated towns may construct, maintain, and operate airports. (Va Code 5.1.31).
Chapter 4 of the Roanake City Code governing airport operations was repealed following the establishing of the Roanoke Regional Airport Commission. Pursuant to the Roanoke Regional Airport Commission Act, the Commission has the authorIty to "adopt, amend, and repeal rules and regulations for the use, maintenance, and operation of its facilities and governing the conduct of persons and organizations using its facilities and to enforce such rules and regulations and all other rules, regulations, ordinances, and statutes relating to its facilities."
Consider adopting requirements, policies, or incentives for airport uses to comply with invasive species BMPs.
Franklin County
None. There is no airport in Franklin County.
Counties may construct, maintain, and operate airports. (Va Code 5.1.31)
N/A
Bedford County
Bedford County Planning Commission. Bedford County is home to privately operated Smith Mountain Airport (light air service) and New London Airport owned by Liberty University.
Counties may construct, maintain, and operate airports. (Va Code 5.1.31)
Zoning Ordinance Sec. 30-72 AO Airport Overlay District (deals with safety zones, height and use restrictions for safety, etc.)
Consider adopting an ordinance requiring airport operators and users to comply with invasive species BMPs.
Seaplanes
City & Counties
Unknown
Board of Game and Inland Fisheries may promulgate regulations governing the takeoff, landing and taxi of seaplanes on impoundments located in the inland waters of the Commonwealth (Va. Code Ann. § 29.1-735.1). Game and Inland Fisheries regulations address navigation lights and shapes for seaplanes, but no other aspects. (4 VAC 15-420-110). Seaplane bases used for public use must be licensed by state. Seaplane bases for private use must be registered or licensed by state. (24 VA ADC 5-20-160). Virginia Department of Conservation and Recreation regulations state: "No person shall voluntarily bring, land or cause to descend or alight within or upon any [state] park, any airplane, remote control model aircraft, flying machine, balloon, parachute or other apparatus for aviation. "Voluntarily" in this connection shall mean anything other than a forced landing." (4VAC5-30-400).
None found. (Local authority may be preempted by grant of regulatory authority to DGIF - TBD).
Consider initiating discussions with Virginia Department of Game and Inland Fisheries regarding invasive species risks at Smith Mountain Lake regarding seaplanes.
Planes/Helicopters
SUB-PATHWAY
PATHWAY - WATER
JURISDICTION
RESPONSIBLE CITY/COUNTY DEPT.
STATE LAW/REGULATION
LOCAL AUTHORITY
RECOMMENDATION
Hull/Surface Fouling or Recreational Vessles/
Houseboats
City & Counties
Unknown
None found.
Appalachian Power Company is the operator of the Smith Mountain Lake Project under FERC license. Not a muncipality but, Appalachian Power Company Shoreline Management Plan is require under the license. Variety of provisions on docks, piers, and othe structures.
Consider initiating discussions with Appalachian Power Company regarding invasive species risks at Smith Mountain Lake.
Stowaways
City of Roanoke
None. There are no city parks or recreational facilities located at Smith Mountain Lake.
Franklin County
Parks and Recreation Department (Smith Mountain Lake Community Park - kayak/canoe launch)
No person shall knowingly import, possess, transport, sell, purchase, give, receive, or introduce into the Commonwealth any member of a species designated as a nonindigenous aquatic nuisance species without a permit. Va. Code Ann. § 29.1-574. List of species found in 4 VA ADC 15-20-210. No person shall discharge other wastes from any vessel on any navigable or nonnavigable waters into state waters. 9 Va. Admin. Code 25-71-40. Smith Mountain Lake is a designated no discharge zone for boats for sewage (9 VA ADC 25-71-70).
None found. (No city parks or facilities listed for Smith Mountain Lake.)
Initiate discussion with Tri-County Lakes Administration Commission (Environmental Committee) and Smith Mountain Lake Association about developing BMPs or ordinances for AIS .
None found.
Add provision to Franklin County Code addressing AIS risks at Smith Mountain Lake Community Park. Initiate discussions with VDCR about BMPs or WID requirements for watercraft launching from Smith Mountain Lake State Park.
Bedford County
Department of Parks and Recreation
None found. (No county parks or facilities listed for Smith Mountain Lake.)
Initiate discussion with Tri-County Lakes Administration Commission (Environmental Committee) and Smith Mountain Lake Association about developing BMPs or ordinances for AIS .
City of Roanoke
Franklin County
None. There are no city parks or recreational facilities located at Smith Mountain Lake.
Parks and Recreation Department (Smith Mountain Lake Community Park - fishing pier)
Smith Mountain Lake State Park: The taking of fish by hook and line, the taking of bait fish by cast net, and crabbing by line and net is permitted within designated areas in state parks, although persons taking fish by hook and line must have a state fishing license. (4VAC5-30-250). Special use permits are required for fishing tournaments in the state park.
None found. (No city parks or facilities listed for Smith Mountain Lake.)
N/A
None found.
Add provision to Franklin County Code addressing AIS risks from fishing at Smith Mountain Lake Community Park. Initiate discussions with Virginia Department of Conservation and Recreation to include a AIS clause in special use permit for fishing tournaments.
Bedford County
Department of Parks and Recreation
None found. (No county parks or facilities listed for Smith Mountain Lake.)
N/A
Anglers
City and Counties
Unknown
None found.
Consider adding provisions to city and county codes prohibiting the release of fish into Smith Mountain Lake and other waters.
Fish Escapes/Releases
No person shall knowingly import, possess, transport, sell, purchase, give, receive, or introduce into Virginia a nonindigenous aquatic nuisance species without a permit. (Va. Code Ann. § 29.1-574). List of species found in 4 VA ADC 15-20-210. No person shall release animals or wildlife captured or propagated elsewhere into any state park. (4VAC5-30-420).
Appalachian Power Company is the operator of the Smith Mountain Lake Project under FERC license.
None found.
Explore opportunities to include provisions regarding water intake structures in Shoreline Management Plan.
Hydropower Water Intakes
SUB-PATHWAY
PATHWAY - LAND
JURISDICTION
RESPONSIBLE CITY/COUNTY DEPT.
STATE LAW/REGULATION
LOCAL AUTHORITY
RECOMMENDATION
Cars, Buses, Trucks, ATVs, Recreational Boat Trailers
City and Counties
Unknown
No person shall move, transport, deliver, ship, or offer for shipment into or within the Commonwealth any noxious weed, or part thereof, without first obtaining a permit from the Commissioner. Va. Code Ann. § 3.2-804. Localities may by ordinance "prevent, control and abate the growth, importation, spread and contamination of uninfested lands by the species of grass Sorghum halepense, commonly known as Johnson grass or by the woody shrub rosa multiflora, commonly known as multiflora rose." Va. Code Ann. § 15.2-902. In addition, "Any locality may by ordinance control the growth of musk thistle, the weed designated as Carduus nutans L., a biennial weed of the Compositae family, or curled thistle, the weed designated as Carduus acanthoides L., an annual and biennial weed of the Compositae family. Any such musk thistle or curled thistle growing in the locality may be declared a public nuisance and noxious weed, harmful to plant and grass growth and to pastures, and may be destroyed. (Id.) Commissioner has the authority to stop sale or delivery of noxius wees (3.2-805) and inspect premises and conveyances (3.2-807). No mention of delegation of authority to locals, but does mention state and local law enforcement cooperation upon request of Commissioner. (3.2-807).
None found.
Consider adding provisions to city and county codes addressing risk of AIS transport to and from Smith Mountain Lake by vehicles.
PATHWAY - NON-FOOD
No person shall knowingly import, possess, transport, sell, purchase, give, receive, or introduce into the Commonwealth any member of a species designated as a nonindigenous aquatic nuisance species without a permit. Va. Code Ann. § 29.1-574. List of species found in 4 VA ADC 15-20-210.
SUB-PATHWAY
JURISDICTION
RESPONSIBLE CITY/COUNTY DEPT.
STATE LAW/REGULATION
LOCAL AUTHORITY
RECOMMENDATION
City and Counties
Unknown
None found.
Evaluate the invasive species risks from aquaculture within the local jurisdictions and consider adding provisions to city and county codes to address identified risks.
Aquaculture
Localities are prohibited from requiring that a special exception or special use permit be obtained for any production agriculture or silviculture activity in an area that is zoned as an agricultural district or classification. Va. Code Ann. § 15.2-2288.