VAEIR Glossary: Key Terms & Definitions for Developers and Consultants

VAEIR Key Terms & Definitions

Affected Environment: The natural and physical environment, as well as the relationship of people with that environment, that will be impacted by a proposed action or project subject to the Virginia Environmental Impact Report Procedure (VAEIR). This term is defined in 9 VAC 15-20-10.

Alternatives Analysis: A critical component of the Environmental Impact Report (EIR) that requires the evaluation of reasonable alternatives to the proposed project, including a "no action" alternative, to provide a clear basis for choice among options by the decision-making body. This analysis is required under 9 VAC 15-20-60.

Cumulative Impact: The incremental impact of the proposed action when added to other past, present, and reasonably foreseeable future actions, regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over time. This term is defined in 9 VAC 15-20-10.

Environmental Impact Report (EIR): A detailed written statement prepared by a state agency that describes and analyzes the significant environmental impacts of a proposed project, identifies alternatives, and proposes measures to mitigate or avoid adverse effects. The content requirements for an EIR are outlined in 9 VAC 15-20-50.

Environmental Justice: The fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. This concept is addressed in recent amendments to the VAEIR, as discussed in the "Recent Developments & Regulatory Outlook" section of the guide.

Lead Agency: The state agency with primary responsibility for preparing an Environmental Impact Report (EIR) and for complying with the procedural requirements of the VAEIR. The lead agency is typically the agency with the greatest responsibility for supervising or approving the project as a whole. This term is defined in 9 VAC 15-20-10.

Mitigation Measures: Actions proposed in an Environmental Impact Report (EIR) to avoid, minimize, rectify, reduce, or compensate for the significant environmental impacts of a proposed project. Mitigation measures must be feasible and enforceable. The requirement to propose mitigation measures is outlined in 9 VAC 15-20-50.

Notice of Preparation (NOP): A brief notice sent by the lead agency to notify responsible agencies, trustee agencies, the Office of Planning and Research, and involved federal agencies that the lead agency plans to prepare an Environmental Impact Report (EIR) for a project. The NOP is described in 9 VAC 15-20-40.

Project: The whole of an action that has the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. This term is broadly defined in 9 VAC 15-20-10 to include a wide range of activities subject to the VAEIR.

Public Review Period: The period during which the public and other agencies can review and comment on a draft Environmental Impact Report (EIR). The VAEIR requires a minimum 45-day public review period for draft EIRs, as specified in 9 VAC 15-20-80.

Responsible Agency: A state agency that has jurisdiction by law over a project or a portion of a project, but is not the lead agency. Responsible agencies must review and comment on draft Environmental Impact Reports (EIRs) and may also prepare portions of the EIR related to their areas of jurisdiction. This term is defined in 9 VAC 15-20-10.

Scoping: An early consultation process that allows the lead agency to consult with responsible agencies, trustee agencies, and other interested parties to determine the scope and content of an Environmental Impact Report (EIR). Scoping is required under 9 VAC 15-20-30.

Significant Effect on the Environment: A substantial, or potentially substantial, adverse change in the environment resulting from a project. The VAEIR provides criteria for determining whether an effect is "significant" in 9 VAC 15-20-60.

State Agency: Any public agency in Virginia, including state departments, boards, commissions, and regional authorities. The VAEIR applies to all state agencies that propose to carry out or approve projects that may have a significant effect on the environment. This term is defined in 9 VAC 15-20-10.

Threshold of Significance: A quantitative or qualitative standard, criterion, or threshold used to determine whether a project may have a significant effect on the environment. Thresholds of significance are used in the Environmental Impact Report (EIR) process to focus the analysis on significant impacts and to determine the need for mitigation measures. The concept of thresholds of significance is discussed in 9 VAC 15-20-60.

Tiering: The process of incorporating by reference the analysis from a broader Environmental Impact Report (EIR), such as a program or policy EIR, into a narrower, project-specific EIR. Tiering is used to avoid repetitive discussions of the same issues and to focus the project-specific EIR on the actual issues ripe for decision at each level of environmental review. Tiering is allowed under 9 VAC 15-20-70.

Trustee Agency: A state agency that has jurisdiction by law over natural resources affected by a project that are held in trust for the people of Virginia. Trustee agencies, like responsible agencies, must review and comment on draft Environmental Impact Reports (EIRs) related to their areas of jurisdiction. This term is defined in 9 VAC 15-20-10.

Virginia Department of Environmental Quality (DEQ): The primary state agency responsible for administering and enforcing the Virginia Environmental Impact Report Procedure (VAEIR). The DEQ oversees the Environmental Impact Report (EIR) process, reviews and approves EIRs, and enforces compliance with the VAEIR's requirements.

Virginia Environmental Policy Act (VEPA): The overarching state law that establishes the policy of environmental protection in Virginia and requires state agencies to consider the environmental impacts of their actions. The Virginia Environmental Impact Report Procedure (VAEIR) is a key regulation that implements the VEPA. The VEPA is codified in the Code of Virginia, Title 10.1, Chapter 12.

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A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the . However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.