Va. Code Ann. tit. 54.1, ch. 22

Va. Code Ann. tit. 54.1, ch. 22
in effect

Va. Code Ann. § 54.1-2200 Definitions

As used in this chapter, unless the context requires a different meaning: "Board" means the Board for Professional Soil Scientists, Wetland Professionals, and Geologists. "Department" means the Department of Professional and Occupational Regulation. "Eligible soil scientist" means a person who possesses the qualifications specified in this chapter to become licensed. "Eligible wetland professional" means a person who possesses the qualifications specified in this chapter to become certified. "Geological mapping" means the process of creating a map on which is recorded geological information, such as the distribution, nature, and age of relationships of rock units, in which surficial deposits may or may not be mapped separately, and the occurrence of structural features such as folds, faults, and joints; mineral deposits; and fossil localities. "Geological mapping" may indicate geologic structure by means of formational outcrop patterns, by conventional symbols giving the direction and amount of dip at certain points, or by structure-contour lines. "Geologist" means a person engaged in the practice of geology. "Geology" means the science encompassing those principles and methods related to (i) the earth and its history in general; (ii) the investigation, prediction, evaluation, and location of materials and structures that compose the earth; (iii) the natural processes that cause changes in the earth; and (iv) the application of knowledge of the earth, its processes, and its constituent rocks, minerals, liquids, gases, and other natural materials. "Practice of geology" means the performance of any professional service or work wherein the principles and methods of geology are applied, including (i) investigating, evaluating, and consulting; (ii) geological mapping; (iii) describing the natural processes that act upon the earth's materials; (iv) predicting the probable occurrence of natural processes; and (v) inspecting, planning, and performing and supervising geological work in order to enhance and protect the health, safety, and welfare of the public and the environment. "Practice of soil evaluation" means the evaluation of soil by accepted principles and methods including, observation, investigation, and consultation on measured, observed, and inferred soils and their properties; analysis of the effects of these properties on the use and management of various kinds of soil; and preparation of soil descriptions, maps, reports, and interpretive drawings. "Practice of wetland delineation" means the delineation of wetlands by accepted principles and methods including, observation, investigation, and consultation on soil, vegetation, and hydrologic parameters; and preparation of wetland delineations, descriptions, reports, and interpretive drawings. "Qualified geologist" means an unlicensed person who possesses all the qualifications specified in this chapter for licensure. "Soil" means the groups of natural bodies occupying the unconsolidated portion of the earth's surface which are capable of supporting plant life and have properties caused by the combined effects, as modified by topography and time, of climate and living organisms upon parent materials. "Soil evaluation" means plotting soil boundaries, describing and evaluating the kinds of soil, and predicting their suitability for and response to various uses. "Soil science" means the science dealing with the physical, chemical, mineralogical, and biological properties of soils as natural bodies. "Soil scientist" means a person having special knowledge of soil science and the methods and principles of soil evaluation as acquired by education and experience in the formation, description, and mapping of soils. "Virginia certified professional wetland delineator" means a person who possesses the qualifications required for certification by the provisions of this chapter and the regulations of the Board and who is granted certification by the Board. "Virginia licensed professional geologist" means a person who possesses all qualifications specified in this chapter for licensure and whose competence has been attested by the Board through licensure. "Virginia licensed professional soil scientist" means a person who possesses the qualifications required for licensure by the provisions of this chapter and the regulations of the Board and who has been granted a license by the Board. "Wetland delineation" means delineating wetland limits in accordance with prevailing state and federal regulatory guidance and describing wetland types. "Wetland professional" means a person having special knowledge of wetland science and the methods and principles of wetland delineation as acquired by education and experience in the formation, description, and mapping of wetlands. "Wetland science" means the science dealing with the physical, chemical, and biological properties of wetland systems integrated through ecological and morphological relationships. "Wetlands" means the same as that term is defined in §§ 28.2-1300 and 62.1-44.3 . 1987, c. 626, § 54-969; 1988, c. 765; 1993, c. 499; 2002, c. 784 ; 2011, cc. 777 , 859 ; 2012, cc. 803 , 835 ; 2024, cc. 4 , 23 ; 2025, c. 722 .

Va. Code Ann. § 54.1-2200.2 Board for Professional Soil Scientists, Wetland Professionals, and Geologists; membership; quorum

A. Notwithstanding the provisions of § 54.1-200 , the Board for Professional Soil Scientists, Wetland Professionals, and Geologists shall be composed of 13 members as follows: three licensed professional soil scientists, three certified professional wetland delineators, three licensed professional geologists, and three citizen members. The State Geologist shall serve as an ex officio member of the Board. The professional geologist members shall be of varied backgrounds. The professional soil scientist members shall have experience in at least one of the following areas: (i) soil mapping and classification, (ii) soil suitability and land use, (iii) teaching and research in soil science, and (iv) environmental protection regulations. Of the wetland professional members, one shall have experience in wetland delineation and description, one shall have experience in teaching and research in wetland science, and one shall have experience with natural resource regulations. Terms of the members shall be for four years. B. The Board shall annually elect a chairman from its membership. Seven board members, consisting of at least one professional soil scientist, one professional wetland delineator, one professional geologist, and one citizen, shall constitute a quorum. C. The Governor may select the professional soil scientist members from a list of at least three names for each vacancy submitted by the Virginia Association of Professional Soil Scientists. The Governor may notify the Virginia Association of Professional Soil Scientists of any professional vacancy other than by expiration among the professional soil scientist members of the Board and nominations may be made for the filling of the vacancy. D. The Governor may select the wetland professionals from a list of at least three names for each vacancy submitted by the Virginia Association of Wetland Professionals. The Governor may notify and request nominations from the Virginia Association of Wetland Professionals of any professional vacancy other than by expiration among the wetland professional members. 2012, cc. 803 , 835 ; 2025, c. 722 ; 2026, c. 454 .

Va. Code Ann. § 54.1-2201 Exceptions

A. The certification program for wetland delineation set forth in this chapter shall be voluntary and shall not be construed to prohibit: 1. The practice of wetland delineation by individuals who are not certified professional wetland delineators as defined in this chapter; 2. The work of an employee or a subordinate of a certified professional wetland delineator or of an individual who is practicing wetland delineation without being certified; 3. The work of any professional engineer, landscape architect, or land surveyor as defined by § 54.1-400 in rendering any of the services that constitute the practice of wetland delineation or the practice of soil evaluation; or 4. The practice of any profession or occupation that is regulated by another regulatory board within the Department. B. The licensing program for professional soil scientists shall not be construed to prohibit: 1. The work of an employee or a subordinate of a licensed soil scientist; 2. The work of any professional engineer, landscape architect, or land surveyor as defined in § 54.1-400 in rendering any services that constitute the practice of soil evaluation; or 3. The practice of any profession or occupation that is regulated by another regulatory board within the Department. C. Nothing in this chapter shall authorize an individual to engage in the practice of engineering, the practice of land surveying or the practice of landscape architecture, unless such individual is licensed or certified pursuant to Chapter 4 (§ 54.1-400 et seq.). 1987, c. 626, § 54-970; 1988, c. 765; 1993, c. 499; 2002, c. 784 ; 2009, c. 309 ; 2011, cc. 777 , 859 .

Va. Code Ann. § 54.1-2203 Certification as wetland delineator

A. Any person practicing or offering to practice as a wetland professional in the Commonwealth may submit to the Board evidence of qualification to be a certified professional wetland delineator as provided in this chapter. The Board may certify any applicant who has satisfactorily met the requirements of this chapter and its regulations and shall specify on the certificate the appropriate endorsement. B. Any individual who allows his certification to lapse by failing to renew the certificate or failing to meet professional activity requirements stipulated in the regulations may be reinstated by the Board upon submission of satisfactory evidence that he is practicing in a competent manner and upon payment of the prescribed fee. 1987, c. 626, § 54-973; 1988, c. 765; 2002, c. 784 ; 2011, cc. 777 , 859 .

Va. Code Ann. § 54.1-2205 License required; application; requirements for licensure; continuing education

A. No person shall engage in, or offer to engage in, the practice of soil evaluation in the Commonwealth unless he has been licensed under the provisions of this chapter. B. In order to be licensed as a professional soil scientist, an applicant shall: 1. Submit satisfactory evidence verified by affidavits that the applicant: a. Is 18 years of age or older; b. Is of good moral character; and c. Has successfully completed such educational and experiential requirements as are required by this chapter and the regulations of the Board. 2. Achieve a score acceptable to the Board on an examination in the principles and practice of soil evaluation and satisfy one of the following criteria: a. Hold a bachelor's degree from an accredited institution of higher education in a soils curriculum which has been approved by the Board and have at least four years of experience in soil evaluation, the quality of which demonstrates to the Board that the applicant is competent to practice as a professional soil scientist; or b. Hold a bachelor's degree in one of the natural sciences and have at least five years of experience in soil evaluation, the quality of which demonstrates to the Board that the applicant is competent to practice as a professional soil scientist; or c. Have a record of at least eight years of experience in soil evaluation, the quality of which demonstrates to the Board that the applicant is competent to practice as a professional soil scientist; or d. Have at least four years of experience in soil science research or as a teacher of soils curriculum in an accredited institution of higher education which offers an approved four-year program in soils and at least two years of soil evaluation experience, the quality of which demonstrates to the Board that the applicant is competent to practice as a professional soil scientist. C. The Board shall establish by regulation requirements for continuing education as a prerequisite to the maintenance and renewal of a license issued under this chapter, not to exceed eight hours per renewal cycle. 1987, c. 626, § 54-975; 1988, c. 765; 1991, c. 181; 2011, cc. 777 , 859 ; 2026, c. 460 .

Va. Code Ann. § 54.1-2206 Waiver of examination

A. The Board may waive the requirement for examination pursuant to § 54.1-2205 upon written application from an individual who holds an unexpired certificate or license, or its equivalent, issued by a regulatory body of another state, territory or possession of the United States and is not the subject of any disciplinary proceeding before such regulatory body which could result in the suspension or revocation of his certificate or license, if such other state, territory or possession recognizes the license issued by the Board. B. The Board shall waive the requirement for examination pursuant to § 54.1-2206.2 upon the written application from an individual who holds an unexpired certificate or its equivalent issued by a regulatory body of another state, territory or possession of the United States or has been provisionally certified under the U.S. Army Corps of Engineers Wetland Delineator Certification Program of 1993 and is not the subject of any disciplinary proceeding before such regulatory body, which could result in the suspension or revocation of his certificate. 1987, c. 626, § 54-976; 1988, c. 765; 1991, c. 181; 2002, c. 784 ; 2003, c. 447 ; 2010, c. 91 ; 2011, cc. 777 , 859 .

Va. Code Ann. § 54.1-2206.1 Requirements for application for professional wetland delineator certification

The Board may certify any applicant as a Virginia certified professional wetland delineator who has submitted satisfactory evidence verified by affidavits that the applicant: 1. Is eighteen years of age or older; 2. Is of good moral character; and 3. Has successfully completed such educational and experiential requirements as are required by this chapter and the regulations of the Board. 2002, c. 784 .

Va. Code Ann. § 54.1-2206.2 Requirements for professional wetland delineator certification

In order to be certified as a professional wetland delineator, an applicant shall achieve a score acceptable to the Board on an examination, which may include a field practicum, in the principles and practice of wetland delineation, provide three written references from wetland professionals with at least one from a certified professional wetland delineator, and satisfy one of the following criteria: 1. Hold a bachelor's degree from an accredited institution of higher education in a wetland science, biology, biological engineering, civil and environmental engineering, ecology, soil science, geology, hydrology or any similar biological, physical, natural science or environmental engineering curriculum that has been approved by the Board; have successfully completed a course of instruction, in state and federal wetland delineation methods, that has been approved by the Board; and have at least three years of experience in wetland delineation, the quality of which demonstrates to the Board that the applicant is competent to practice as a certified professional wetland delineator; 2. Have a record of at least six years of experience in wetland delineation, the quality of which demonstrates to the Board that the applicant is competent to practice as a certified professional wetland delineator; or 3. Have a record of at least three years of experience in wetland science research or as a teacher of wetlands curriculum in an accredited institution of higher education, the quality of which demonstrates to the Board that the applicant is competent to practice as a certified professional wetland delineator. 2002, c. 784 ; 2007, c. 334 ; 2013, c. 546 ; 2024, c. 545 .

Va. Code Ann. § 54.1-2207 Unprofessional conduct

Any professional soil scientist who is licensed or any wetland delineator who is certified, as provided in this chapter, shall be considered guilty of unprofessional conduct and subject to disciplinary action by the Board, if he: 1. Obtains his certification or license through fraud or deceit; 2. Violates or cooperates with others in violating any provision of this chapter, the Code of Professional Ethics and Conduct or any regulation of the Board; 3. Performs any act likely to deceive, defraud or harm the public; 4. Demonstrates gross negligence, incompetence or misconduct in the practice of soil evaluation or wetland delineation; or 5. Is convicted of a felony. 1987, c. 626; 1988, c. 765; 2002, c. 784 ; 2011, cc. 777 , 859 .

Va. Code Ann. § 54.1-2208 Unlawful representation as a licensed professional soil scientist or certified wetland delineator

A. No person shall represent himself as a licensed professional soil scientist unless he has been so licensed by the Board. Any person practicing or offering to practice soil evaluation within the meaning of this chapter who, through verbal claim, sign, advertisement, or letterhead, represents himself as a licensed professional soil scientist without holding a license from the Board shall be guilty of a Class 1 misdemeanor. B. No person shall represent himself as a certified professional wetland delineator unless he has been so certified by the Board. Any person practicing or offering to practice wetland delineation within the meaning of this chapter who, through verbal claim, sign, advertisement, or letterhead, represents himself as a certified professional wetland delineator without holding such a certificate from the Board shall be guilty of a Class 1 misdemeanor. 1987, c. 626, § 54-971; 1988, c. 765; 2002, c. 784 ; 2011, cc. 777 , 859 .

Va. Code Ann. § 54.1-2208.1 Purpose; exemptions

A. The licensing of professional geologists as set forth in this article shall serve any or all of the following purposes: 1. The maintenance of educational, experiential, and ethical standards in the practice of geology; 2. The maintenance of standards of objectivity, truthfulness, and reliability in the practice of geology; 3. The restriction of the professional geologist from association with any person engaging in illegal or dishonest activities in the practice of geology; and 4. The limitation of the practice of geology and any offer of the practice of geology to those persons licensed pursuant to this article. B. This article shall not be construed to prevent or affect: 1. The practice of any profession or trade for which licensing, certification, or registration is required under any other Virginia law, including the practice of licensed professional engineers lawfully practicing engineering in its various specialized branches; 2. The work of any archeologist, chemist, geographer, or oceanographer who is in responsible charge of geological work or the drawing of geological conclusions and recommendations, provided such work does not include the design and execution of geological investigations; 3. The practice of geology by any person under the direct supervision and control of a professional geologist licensed pursuant to this article, provided such practice does not include being in responsible charge of final geological reports or decisions; 4. The practice of geology by any person certified as a professional geologist before July 1, 2025; or 5. The practice of geology by any officer, employee, agent, or contractor of the United States of America when practicing solely as such. 1981, c. 132, § 54-968; 1988, c. 765, § 54.1-1401; 2012, cc. 803 , 835 ; 2025, c. 722 ; 2026, c. 282 .

Va. Code Ann. § 54.1-2208.2 Licensure; minimum qualifications; penalty

A. Any person practicing or offering to practice as a professional geologist or in a geological specialty in this Commonwealth may submit reasonable evidence to the Board that he is qualified to practice and to be licensed as provided in this article. The Board shall approve the application for licensure of any person who, in the opinion of the Board, has satisfactorily met the requirements of this article and who has paid any applicable fees fixed by the Board. Licenses shall expire at intervals as designated by the Board. A license may be renewed by the Board upon receipt of a formal request accompanied by any applicable fees. B. To be eligible for licensure as a professional geologist, an applicant shall meet each of the following minimum qualifications: 1. Be of ethical character. 2. Have a baccalaureate or higher degree from an accredited institution of higher education with either a major in geology, engineering geology, geological engineering, or related geological sciences; or have completed at least 30 semester hours or the equivalent in geological science courses. 3. Have at least seven years of geological work that shall include either a minimum of three years of geological work under the supervision of a qualified or licensed professional geologist or a minimum of three years of experience in responsible charge of geological work. The adequacy of the position and the required supervision and experience shall be determined by the Board in accordance with standards set forth in its regulations. The following criteria of education and experience qualify toward the required seven years of geological work: a. Each year of full-time undergraduate study in the geological sciences shall count as one-half year of experience up to a maximum of two years, and each year of full-time graduate study shall count as a year of experience up to a maximum of three years. Credit for undergraduate and graduate study shall in no case exceed a total of four years toward meeting the requirements for at least seven years of geological work. b. The Board may consider, in lieu of the above-described geological work, the cumulative total of geological work or geological research of persons occupying research or post-graduate positions as well as those teaching geology courses at an institution of higher education, provided such work or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to the geological work required in this section. 4. Have successfully passed an appropriate examination approved by the Board and designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of geology. At the discretion of the Board, separate examinations may be prepared for various subspecialities of geology; however, there will be no specialty licensure, only licensure as a professional geologist. C. The Board shall issue a license to practice as a geologist in the Commonwealth to any individual who holds an unexpired certification to practice as a geologist issued prior to July 1, 2025. D. No person shall represent himself as a licensed professional geologist unless he has been so licensed by the Board. Any person practicing or offering to practice geology within the meaning of this article who, through verbal claim, sign, advertisement, or letterhead, represents himself as a licensed professional geologist without holding such license from the Board is guilty of a Class 1 misdemeanor. 1981, c. 132, §§ 54-964, 54-965; 1984, c. 51; 1988, c. 765, § 54.1-1403; 2012, cc. 803 , 835 ; 2025, c. 722 ; 2026, c. 460 .

Va. Code Ann. § 54.1-2208.3 Waiver of examination

The Board may waive the examination requirement for licensure as a professional geologist for an applicant who (i) otherwise meets the requirements of this article; (ii) submits a written application to the Board; and (iii) holds an unexpired certificate of registration, certification, or license to engage in the practice of geology issued to him on the basis of comparable requirements by a proper authority of a state, territory, or possession of the United States or the District of Columbia. 1981, c. 132, § 54-966; 1988, c. 765, § 54.1-1404; 1994, c. 247 ; 1996, c. 49 ; 2012, cc. 803 , 835 ; 2025, c. 722 ; 2026, cc. 462 , 463 .

Va. Code Ann. § 54.1-2208.4 Professional ethics and conduct

A. The Board, in coordination with an ad hoc panel of licensed professional geologists convened by the Board and representing various geological interests in Virginia, shall have prepared and adopted a Code of Professional Ethics and Conduct that shall be published and made known in writing to every Virginia licensed professional geologist and applicant for licensure under this article. The Board may revise and amend this code as needed and shall forthwith notify each licensed professional geologist in writing of such revisions or amendments. B. In addition to the applicable provisions of §§ 54.1-201 and 54.1-202 , the Board, by majority vote, shall have the power to suspend, revoke, or refuse to renew the license of any professional geologist who, after an appropriate formal hearing, is found to have been involved in: 1. Any fraud or deceit in obtaining licensure; 2. Any violation of the Code of Professional Ethics and Conduct or other regulations of the Board; 3. Demonstrated gross negligence, incompetence, or misconduct in the practice of geology as a professional geologist; or 4. Any conviction of a felony which, in the opinion of the Board, would adversely affect the practice of geology. C. The Board, by majority vote of the quorum, may reinstate a revoked or suspended license to any professional geologist who makes written application to the Board showing good cause for such action. 1981, c. 132, § 54-967; 1988, c. 765, § 54.1-1405; 2012, cc. 803 , 835 ; 2025, c. 722 ; 2026, c. 772 .

Va. Code Ann. § 54.1-2208.5 Continuing education

A. The Board shall promulgate regulations governing continuing education requirements for geologists licensed by the Board. Such regulations shall require the completion of eight hours annually in continuing education for any license renewal or reinstatement. Except as provided in subdivision C 5, such continuing education shall be completed during the time prior to the renewal or reinstatement of a license and shall only be valid for such renewal or reinstatement. The Board may grant exemptions or waive or reduce the number of continuing education hours required in cases of certified illness or undue hardship. B. The Board's regulations shall include a requirement that a continuing education activity completed by a licensee may be accepted by the Board provided that such activity: 1. Consists of content and subject matter directly related to the practice of geology; 2. Has a clear purpose and objective that maintains, improves, or expands the skills and knowledge relevant to the practice of geology and is in areas related to business practices, including project management, risk management, and ethics, that have demonstrated relevance to the practice of geology; 3. Is taught by instructors who are competent in the subject matter, either by education or experience, for an activity involving an interaction with an instructor; 4. Contains an assessment at the conclusion of the activity by the sponsor of such activity that verifies that the licensee has successfully achieved the purpose and objective for any self-directed activity; and 5. Results in documentation that verifies the licensee's successful completion of the activity. C. The Board's regulations shall include requirements related to the computation of continuing education credit, including: 1. That 50 minutes of a continuing education activity equals one hour of continuing education and, for a continuing education activity that consists of segments that are less than 50 minutes, those segments shall be totaled for computation of continued education credit for that activity; 2. The number of hours required to successfully complete any continuing education activity shall be predetermined by the sponsor, and a licensee shall not claim more credit for any continuing education activity than was predetermined by the sponsor at the time the activity was completed; 3. A licensee shall not receive credit for any continuing education activity that was not completed in its entirety and no credit shall be given for partial completion of a continuing education activity; 4. A licensee applying for renewal or reinstatement shall not receive credit for completing a continuing education activity with the same content more than once during the time period prior to the renewal or reinstatement; and 5. A licensee who completes continuing education hours in excess of the hours required by subsection A may carry up to eight hours of continuing education credit forward to meet the requirements of subsection A for the next license renewal. 2026, cc. 462 , 463 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/title54.1/chapter22/Fetched: 10/16/2026

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