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Home » Recreational Planning » Scenic Rivers Program Designation Benefits and Process

Scenic Rivers Program Designation Benefits and Process

Benefits of scenic river designation

  • Requires that Federal Energy Regulation Commission (FERC) consider the impact of proposed hydropower or related projects on a designated scenic river.
  • Requires all state agencies to consider visual, natural, and recreational values of a scenic river in their planning and permitting processes for the use and development of water and related land resources.
  • Requires authorization by the General Assembly for the construction, operation, and/or maintenance of any structure, such as a dam, that will impede the natural flow of a designated scenic river.
  • Provides a mechanism for appointment of a local scenic river advisory committee to assist and advise the Department of Conservation and Recreation (DCR) Director and local governments regarding protection or management of the designated scenic river in their jurisdiction.
  • Provides eligibility for reduced land use real estate tax valuations of certain properties adjacent to a designated scenic river, if locally adopted.

Scenic river designation process

The following steps are taken in the designation of a candidate river segment.

  1. A local community identifies a potential scenic river segment as meeting the following additional minimum requirements:
    • At least five (5) miles in length;
    • Recognized in a canoeing guide or featuring a public access site or facility along its length; and
    • Involves a stream reach having both an identifiable beginning and ending point corresponding to a confluence with a tributary or higher-order stream, access point, dam, bridge, or similar natural or man-made feature.
  2. The governing body of the locality or its duly authorized agent, or those of each locality where the segment crosses jurisdictions or serves as the boundary between localities, requests that the DCR evaluate the river segment to determine eligibility for inclusion in the Virginia Scenic Rivers System.
  3. The DCR conducts a study of the river segment to determine eligibility based on the program evaluation criteria. If deemed eligible, the DCR will document those factors leading to this conclusion in a written report and may recommend designation of the river segment as a Virginia Scenic River.
  4. The local governing body, or governing bodies if more than one locality is involved, formally accepts the conclusions of the report and concurs with the study’s recommendation by adopting a resolution formally endorsing and requesting designation of the qualifying river segment. Letters of support from other local and regional government organizations, civic groups, and private landowners may also be submitted to the DCR in support of the request.
  5. The scenic river report and resolution of the local governing body are forwarded to the Virginia Board of Conservation and Recreation (BCR) by the DCR for its review and recommendation.
  6. Upon a favorable recommendation by the Board, the resolution of the local governing body is forwarded to one or both members of their delegation in the General Assembly, who sponsor legislation designating the river as a Virginia Scenic River.
  7. Once the legislation is enacted by the Virginia House and Senate and signed into law by the Governor, the river segment is added to the Virginia Scenic Rivers System.

Scenic Rivers Program Evaluation Criteria

Rivers or river segments are evaluated for scenic designation on the following factors from which a cumulative score is derived.

Stream corridor vegetation

Stream segments that feature wide, forested riparian buffers and natural vegetation adjacent to the riverbanks are scored higher than those exhibiting obvious signs of human disturbances (e.g., natural vegetation cleared for logging, agriculture, lawn, etc.).

Streambed or stream flow modifications

Because the intent of the program is to keep designated rivers in a native or natural state, significant channelization or impoundments negatively affect the scenic qualities of a river segment.

Human development

The development of buildings and structures along a river corridor can affect the quality of the scenery, particularly if such signs of human development are clearly visible to the recreational user during full foliage. Human development along the river is scored in two parts. The first focuses on the percentage of residential, commercial, and industrial development observed from the river in predominately urban areas, whereas the second is used to identify the average number of agricultural and residential structures or building “clusters” per mile of river in predominately rural settings. Higher scores are assigned to river corridors having few or no buildings, structures, or other signs of human development visible from the river.

Historic features

Rivers were the primary transportation corridors in early America. For that reason, early residences and structures were typically oriented toward, and situated near, these early thoroughfares before the advent of reliable roadways. Historic structures and sites included or eligible for inclusion in the National Register of Historic Places or Virginia Landmarks Register located within 1,000 feet of a potential river segment improve historic and visual interest compared to rivers lacking such features.

Landscape

The term “scenic” most directly refers to the quality of the scenery of the surrounding landscape through which a river flows. Two specific scenic attributes of the landscape — the diversity of the scenery and range (or distance) of views — are considered when scoring the scenic quality of a river’s viewshed, with higher scores assigned to those that feature views of diverse natural landscape features that are visible at considerable distances from the river.

Quality of fishery

The quantity and diversity of game fish present in a potential scenic river are important due to their intrinsic value to the river ecosystem and recreational value to anglers. The quality of a river’s fishery is based on the relative abundance of recreational fish varieties and the diversity and uniqueness of recreational species commonly caught on the river.

Additional natural features

This criterion uses data from the Natural Heritage Data Explorer (NHDE) to identify the presence of natural flora, fauna, and habitats considered to be of statewide or greater significance along a potential river corridor. Additional or bonus points may be granted when data indicates the presence of rare or significant plants or wildlife located within 1,000 feet of the river.

Water quality

Periodically visible pollution or chronically muddy or turbid water during the year impairs the scenic attributes of a river and results in a lower score than one that experiences sedimentation or turbidity rarely or only after periods of heavy rain.

Parallel roads

The scenic river evaluation criteria include a potential river corridor's relative remoteness and roadlessness. Roads traditionally followed rivers as transportation routes, using the valleys and gorges formed by rivers to traverse natural obstacles. The presence of these features adjacent to a river and the extent to which road traffic is visible and audible to recreational users determines its score, with higher scores awarded to segments that exhibit few or no parallel roadways having visible or audible vehicle traffic.

Crossings

The number and type of crossings by manmade infrastructure, whether by roads, railroads, overhead transmission lines, or similar facilities, may affect a river’s scenic beauty and lead to a lower score than a river having no such crossings. Underground pipelines and other facilities that cross underneath the riverbed and are not visible from the river do not affect the scoring.

Special features affecting aesthetics

This criterion considers the presence of additional natural and cultural river and river corridor features, identified through direct observation or experience, that enhance visual interest and scenic beauty. These features include, but are not limited to, islands, rapids, cascades, mature forests, culturally significant structures, and sense of isolation or remoteness. Higher scores are assigned for the evaluation criterion directly below (overall aesthetic appeal) to river segments exhibiting several or many of these attributes.

Overall aesthetic appeal

This rating considers all special features affecting aesthetics before applying an overall ranking, from low to exceptional, based on the combined aesthetic appeal of the river segment. A river assigned an exceptional ranking would have many of these features, diversity with respect to the special visual features observed, and extreme or dramatic contrasts in terms of scenery.

Public recreational access

Since scenic river designation enhances a river’s appeal for recreational use, public recreational access is a significant consideration. The presence of one or more official public boat ramps, canoe and kayak launches, public use trails, or similar access for activities such boating, tubing, fishing, and swimming results in a higher score being assigned to a river segment than one having only informal public access such as a public road crossing, private access, or no access.

Significant permanent protection

Additional recognition is awarded for a river segment where at least 25 percent of the land adjacent to the river is permanently protected by a conservation or open space easement, public park, or other form of preservation.

What it does and doesn't do

The following lists identify what a Scenic Rivers Designation does and does not do. While this list attempts to be comprehensive, we encourage you to contact us if you have specific questions about what the Program and what a designation may mean for your community.

What Scenic River Designation Does

  • Designation encourages protection and preservation of the river.
  • Designation declares the protection of the river’s scenic values to be a beneficial purpose of water resource policy.
  • Designation allows for creation of a local administering committee appointed by the Director of the Department of Conservation and Recreation (DCR) to assist and advise the DCR Director and local governments regarding protection or management of the scenic river in their jurisdiction, giving local citizens a voice in river-related issues.
  • Formally recognizes that a river segment meets the minimum criteria for eligibility as a Virginia Scenic River and is qualified for inclusion in the Virginia Scenic Rivers System.
  • After designation, the Code of Virginia requires that the General Assembly must approve construction of any dam or similar structure that would result in an impediment to the natural flow of the river. 
  • The Federal Energy Regulatory Commission (FERC) recognizes the Virginia Scenic Rivers System and must consider the qualities of the designated river as part of the process of licensing or relicensing energy projects on, or crossing, designated rivers.
  • If adopted by the local government, designation confers the right of localities to levy a special reduced tax assessment on certain properties adjacent to designated scenic rivers to reduce the property owner’s real estate tax liability.
  • Provides for favorable consideration of lands adjacent to designated rivers during applications for funding pursuant to certain federal and state grant programs including the Virginia Land Conservation Fund (VLCF) Grant and Recreational Trails Program (RTP).

What Scenic River Designation Does Not Do

  • Does not give the Commonwealth any control over land use.
  • Does not include any local land use regulations or restrictions.
  • Does not give the public any right to use or access privately owned land.
  • Does not involve any commercial promotion or advertisement of a designated river by the Commonwealth of Virginia.
  • Cannot be used for the purposes of imposing water quality standards under the federal Clean Water Act.
  • Does not preclude the federal government, the Commonwealth, or a locality from using, constructing, reconstructing, replacing, repairing, operating, or performing necessary maintenance on any road or bridge.
  • Does not preclude the construction, operation, repair, maintenance, or replacement of a natural gas pipeline for which the State Corporation Commission has issued a certificate of public convenience and necessity.
  • Does not designate the lands along the river and its tributaries as unsuitable for mining or use as a location for a surface mineral mine.
  • Does not prevent the specific activities and uses listed in §10.1-408 of the Code of Virginia with respect to the river segments and localities identified in that section.

Contact

For questions regarding the Virginia Scenic Rivers Program, please contact us.

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