CHAPTER 80

Ax Act to amend the Code of Virginia by adding a section numbered
18.1-175.1, so as to prohibit the damaging of caves or caverns; pro-

viding a
[H 24]
Approved March 2, 1966

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
18.1-175.1, as follows:

§ 18. 1-175.1 (a) It shall be unlawful for any person, without the prior
permission of the owner, to wilfully and knowingly break, break off, crack,
carve upon, write or otherwise mark upon, or in any manner destroy,
mutilate, injure, deface, mar or harm any natural material found within
any cave or cavern, such as stalactites, stalagmites, helictites, anthodites,
gypsum flowers or needles, flowstone, draperies, columns, or other similar
crystalline mineral formations or otherwise; to kill, harm or disturb plant
or animal life found therein; to discard litter or refuse therein, or other-
wise disturb or alter the natural condition of such cave or cavern; or
break, force, tamper with, remove, or otherwise disturb a lock, gate, door
or other structure or obstruction designed to prevent entrance to a cave
Or cavern, without the permission of the owner thereof, whether or not
entrance is gained.

(b) Any violation of this section shall be punished by fine not exceed-
ing five hundred dollars or confinement in jail not exceeding twelve months
in the discretion of the jury or the court trying the case without a jury.
An Act to amend and reenact 88 86-49.1, $6-51.1 and 36-52.1 of the Co
of Virginia, relating to conservation projects for certain blight
areas.

[H 4

Approved March 2, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 36-49.1, 36-51.1 and 36-52.1 of the Code of Virginia
amended and reenacted as follows: |

§ 36-49.1. Whenever it appears to the governing body of any c
having a population of more than three hundred thousand, or any c
having a population of not more than * one hundred thousand nor less th
* seventy thousand or any city having a population of not more than t
hundred thousand nor less than one hundred fourteen thousand, or a
city having a population of not more than forty-five thousand nor less th
twenty-three thousand, or any city having a population of not more th
seventeen thousand six hundred nor less than sixteen thousand, or any c
having a population of not more than eleven thousand five hundred r
less than eleven thousand, or any city having a population of not mc
than fifteen thousand nor less than * twelve thousand, or any city havi
a population of not more than two hundred and twenty thousand nor |
than two hundred and nineteen thousand, or a county having a populati
of not more than thirty-one thousand four hundred nor less than thirty-c
thousand three hundred, or a county having a population of more th
four thousand inhabitants per square mile, that a portion of such city
county is deteriorating and may be eligible for conservation as provided
this section, and such governing body adopts a resolution so declaring,
authority may, in addition to other powers granted by this or any ott
law, investigate such portion of the locality and select slum, blighted, de
riorated or deteriorating areas and prepare a plan for the conservati
thereof to be known as a “conservation plan”. Upon approval of such pI
by the governing body of such city or county, the authority is specifica
empowered to do the following in order to carry out the work or und
ae s called for in such plan (hereinafter called a “conservat
project’):

(1) To acquire property within such areas which is blighted, des
nated for public use in the conservation plan, or the use or condition
which is inconsistent with the purposes of the conservation plan or '
provisions of the zoning ordinance or code of the city or county;

(2) Torehabilitate or clear property so acquired;

(3) To provide for the installation. construction or reconstruct
of streets, utilities, parks, parking facilities, playgrounds, public bui
ings and other site improvements essential to the conservation or
habilitation planned;

To make land or improvements so acquired available to priv
enterprise or public agencies (by sale, lease or retention of ownership
the authority itself); and

(5) To encourage and assist property owners or occupants wit!
the conservation area to improve their respective holdings, by suggest
improved standards for design, construction, maintenance and use
such properties and offering encouragement or assistance in other w:
directed toward prevention and elimination of blight.

The governing body shall conduct a public hearing prior
approval of a conservation plan.

§ 36-51.1. An authority shall not initiate any conservation pro}
under this law until the coverning hodv (or planning agency or ot
public agency designated by it or empowered by law so to act) of each
city or county having the power granted by § 36-49.1 in which any of
the area to be covered by such project is situated, has approved a “con-
servation plan” which provides an outline for the conservation, develop-
ment or redevelopment of the area, affording maximum opportunity for
conservation, rehabilitation or redevelopment by private enterprise con-
sistent with the ends to be achieved, and is sufficiently complete to indi-
cate (1) its relationship to definite local objectives as to appropriate land
uses and improved traffic, public transportation, public utilities, recre-
ational and community facilities and other public improvements; (2) any
conditions and limitations on acquisition of property; (3) proposed land
uses for the properties to be acquired; (4) any conditions and limitations,
including time limitation, under which property shall be made available
for rehabilitation or redevelopment by public or private enterprise (by
sale, lease or retention by the authority itself); (5) standards of design,
construction, maintenance, and use of property and other measures to
be taken or recommended toward elimination and prevention of blight;
(6) the method for the temporary relocation of any persons living in
such area who will be displaced in accordance with the plan, as well as
the method of providing (unless already available) decent, safe and sani-
tary dwellings in such city or county substantially equal in number to
the number of substandard dwellings to be cleared from the area, at rents
within the financial reach of the income groups displaced from such sub-
standard dwellings; (7) any limitation on the length of time within
which project activities can be undertaken; (8) a procedure for admini-
strative review of the determination at staff level and prior to a final
determination by the authority under § 36-50.1 (2) that an individual
property is in violation of project standards and, therefore, subject to
ccndemnation; and (9) the procedure by which such conservation plan
may be amended.

_ § 36-52.1. Any city or county having the power granted by § 36-49.1
is hereby authorized to approve conservation plans through its governing
body, or agency designated for that purpose, and cooperate with or as-
orligtae authority in the same manner as authorized for redevelopment
Pp