{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2114.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2114.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2114.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2114.html"}],"law_id":60869,"edition_id":1,"section_id":60869,"structure_id":14728,"section_number":"15.2-2114","catch_line":"Regulation of stormwater","history":"1991, c. 703, \u00a7 15.1-292.4; 1994, cc. 284, 805; 1997, cc. 331, 587; 1998, c. 182; 2003, c. 390; 2004, c. 507; 2005, c. 313; 2006, c. 11; 2009, c. 703; 2011, c. 452; 2013, cc. 756, 793; 2015, c. 683; 2016, c. 587; 2017, c. 375; 2024, cc. 225, 242.","full_text":"A\n\nAny locality, by ordinance, may establish a utility or enact a system of service charges to support a local stormwater management program consistent with Article 2.3 (\u00a7 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 or any other state or federal regulation governing stormwater management. Income derived from a utility or system of charges shall be dedicated special revenue, may not exceed the actual costs incurred by a locality operating under the provisions of this section, and may be used only to pay or recover costs for the following:1\n\nThe acquisition, as permitted by § 15.2-1800, of real and personal property, and interest therein, necessary to construct, operate and maintain stormwater control facilities;2\n\nThe cost of administration of such programs;3\n\nPlanning, design, engineering, construction, and debt retirement for new facilities and enlargement or improvement of existing facilities, including the enlargement or improvement of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater;4\n\nFacility operation and maintenance, including the maintenance of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater;5\n\nMonitoring of stormwater control devices and ambient water quality monitoring;6\n\nContracts related to stormwater management, including contracts for the financing, construction, operation, or maintenance of stormwater management facilities, regardless of whether such facilities are located on public or private property and, in the case of private property locations, whether the contract is entered into pursuant to a stormwater management private property program under subsection J or otherwise; and7\n\nOther activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation.B\n\nThe charges may be assessed to property owners or occupants, including condominium unit owners or tenants (when the tenant is the party to whom the water and sewer service is billed), and shall be based upon an analysis that demonstrates the rational relationship between the amount charged and the services provided. Prior to adopting such a system, a public hearing shall be held after giving notice as required by charter or as provided in § 15.2-1427. However, prior to adoption of any ordinance pursuant to this section related to the enlargement, improvement, or maintenance of privately owned dams, a locality shall comply with the notice provisions of § 15.2-1427 and hold a public hearing.C\n\nA locality adopting such a system shall provide for full waivers of charges to the following:1\n\nA federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system, except that the waiver of charges shall apply only to property covered by any such permit; and2\n\nPublic roads and street rights-of-way that are owned and maintained by state or local agencies, including property rights-of-way acquired through the acquisitions process.D\n\nA locality adopting such a system shall provide for full or partial waivers of charges to any person who installs, operates, and maintains a stormwater management facility that achieves a permanent reduction in stormwater flow or pollutant loadings or other such other facility, system, or practice whereby stormwater runoff produced by the property is retained and treated on site in accordance with a stormwater management plan approved pursuant to Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1. The locality shall base the amount of the waiver in part on the percentage reduction in stormwater flow or pollutant loadings, or both, from pre-installation to post-installation of the facility. No locality shall provide a waiver to any person who does not obtain a stormwater permit from the Department of Environmental Quality when such permit is required by statute or regulation.E\n\nA locality adopting such a system may provide for full or partial waivers of charges to cemeteries, property owned or operated by the locality administering the program, and public or private entities that implement or participate in strategies, techniques, or programs that reduce stormwater flow or pollutant loadings, or decrease the cost of maintaining or operating the public stormwater management system.F\n\nAny locality may issue general obligation bonds or revenue bonds in order to finance the cost of infrastructure and equipment for a stormwater control program. Infrastructure and equipment shall include structural and natural stormwater control systems of all types, including, without limitation, retention basins, sewers, conduits, pipelines, pumping and ventilating stations, and other plants, structures, and real and personal property used for support of the system. The procedure for the issuance of any such general obligation bonds or revenue bonds pursuant to this section shall be in conformity with the procedure for issuance of such bonds as set forth in the Public Finance Act (§ 15.2-2600 et seq.).G\n\nIn the event charges are not paid when due, interest thereon shall at that time accrue at the rate, not to exceed the maximum amount allowed by law, determined by the locality until such time as the overdue payment and interest are paid. Charges and interest may be recovered by the locality by action at law or suit in equity and shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes. The locality may combine the billings for stormwater charges with billings for water or sewer charges, real property tax assessments, or other billings; in such cases, the locality may establish the order in which payments will be applied to the different charges. No locality shall combine its billings with those of another locality or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2, unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance.H\n\nAny two or more localities may enter into cooperative agreements concerning the management of stormwater.I\n\nFor purposes of implementing waivers pursuant to subdivision C 1, for property where two adjoining localities subject to a revenue sharing agreement each hold municipal separate storm sewer permits, the waiver shall also apply to the property of each locality and of its school board that is accounted for in that locality’s municipal separate storm sewer program plan, regardless of whether such property is located within the adjoining locality.J\n\nAny locality that establishes a system of charges pursuant to this section may establish a public-private partnership program, to be known as a stormwater management private property program, in order to promote cost-effectiveness in reducing excessive stormwater flow or pollutant loadings or in making other stormwater improvements authorized pursuant to this section. A locality that opts to establish a stormwater management private property program pursuant to this subsection shall:1\n\nPromote awareness of the location, quantity, and timing of reductions or other improvements that it determines appropriate under this program;2\n\nSeek the voluntary participation of property owners;3\n\nAccept the participation of property owners on both an individual and a group basis by which multiple owners may collaborate on improvements and allocate among the multiple owners any payments made by the locality;4\n\nEnter into contracts at its discretion to secure improvements on terms and conditions that the locality deems appropriate, including by making payments to property owners in excess of the value of any applicable waivers pursuant to subsections D and E; and5\n\nRequire appropriate operation and maintenance of the contracted improvements.K\n\nAny locality that establishes a stormwater management private property program pursuant to subsection J may procure reductions and improvements in accordance with the Public-Private Education Facilities and Infrastructure Act (§ 56-575.1 et seq.) or other means, as appropriate. Subsection J shall not be interpreted to limit the authority of a locality to secure reductions of excessive stormwater flow or pollutant loadings or other stormwater improvements by other means.","order_by":null,"text":{"0":{"id":222546,"text":"Any locality, by ordinance, may establish a utility or enact a system of service charges to support a local stormwater management program consistent with Article 2.3 (\u00a7 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 or any other state or federal regulation governing stormwater management. Income derived from a utility or system of charges shall be dedicated special revenue, may not exceed the actual costs incurred by a locality operating under the provisions of this section, and may be used only to pay or recover costs for the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":222547,"text":"The acquisition, as permitted by § 15.2-1800, of real and personal property, and interest therein, necessary to construct, operate and maintain stormwater control facilities;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":222548,"text":"The cost of administration of such programs;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":222549,"text":"Planning, design, engineering, construction, and debt retirement for new facilities and enlargement or improvement of existing facilities, including the enlargement or improvement of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":222550,"text":"Facility operation and maintenance, including the maintenance of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":222551,"text":"Monitoring of stormwater control devices and ambient water quality monitoring;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":222552,"text":"Contracts related to stormwater management, including contracts for the financing, construction, operation, or maintenance of stormwater management facilities, regardless of whether such facilities are located on public or private property and, in the case of private property locations, whether the contract is entered into pursuant to a stormwater management private property program under subsection J or otherwise; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":222553,"text":"Other activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":222554,"text":"The charges may be assessed to property owners or occupants, including condominium unit owners or tenants (when the tenant is the party to whom the water and sewer service is billed), and shall be based upon an analysis that demonstrates the rational relationship between the amount charged and the services provided. Prior to adopting such a system, a public hearing shall be held after giving notice as required by charter or as provided in § 15.2-1427. However, prior to adoption of any ordinance pursuant to this section related to the enlargement, improvement, or maintenance of privately owned dams, a locality shall comply with the notice provisions of § 15.2-1427 and hold a public hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":222555,"text":"A locality adopting such a system shall provide for full waivers of charges to the following:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"10":{"id":222556,"text":"A federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system, except that the waiver of charges shall apply only to property covered by any such permit; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"11":{"id":222557,"text":"Public roads and street rights-of-way that are owned and maintained by state or local agencies, including property rights-of-way acquired through the acquisitions process.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"12":{"id":222558,"text":"A locality adopting such a system shall provide for full or partial waivers of charges to any person who installs, operates, and maintains a stormwater management facility that achieves a permanent reduction in stormwater flow or pollutant loadings or other such other facility, system, or practice whereby stormwater runoff produced by the property is retained and treated on site in accordance with a stormwater management plan approved pursuant to Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1. The locality shall base the amount of the waiver in part on the percentage reduction in stormwater flow or pollutant loadings, or both, from pre-installation to post-installation of the facility. No locality shall provide a waiver to any person who does not obtain a stormwater permit from the Department of Environmental Quality when such permit is required by statute or regulation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"13":{"id":222559,"text":"A locality adopting such a system may provide for full or partial waivers of charges to cemeteries, property owned or operated by the locality administering the program, and public or private entities that implement or participate in strategies, techniques, or programs that reduce stormwater flow or pollutant loadings, or decrease the cost of maintaining or operating the public stormwater management system.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"14":{"id":222560,"text":"Any locality may issue general obligation bonds or revenue bonds in order to finance the cost of infrastructure and equipment for a stormwater control program. Infrastructure and equipment shall include structural and natural stormwater control systems of all types, including, without limitation, retention basins, sewers, conduits, pipelines, pumping and ventilating stations, and other plants, structures, and real and personal property used for support of the system. The procedure for the issuance of any such general obligation bonds or revenue bonds pursuant to this section shall be in conformity with the procedure for issuance of such bonds as set forth in the Public Finance Act (§ 15.2-2600 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"15":{"id":222561,"text":"In the event charges are not paid when due, interest thereon shall at that time accrue at the rate, not to exceed the maximum amount allowed by law, determined by the locality until such time as the overdue payment and interest are paid. Charges and interest may be recovered by the locality by action at law or suit in equity and shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes. The locality may combine the billings for stormwater charges with billings for water or sewer charges, real property tax assessments, or other billings; in such cases, the locality may establish the order in which payments will be applied to the different charges. No locality shall combine its billings with those of another locality or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2, unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"16":{"id":222562,"text":"Any two or more localities may enter into cooperative agreements concerning the management of stormwater.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"17":{"id":222563,"text":"For purposes of implementing waivers pursuant to subdivision C 1, for property where two adjoining localities subject to a revenue sharing agreement each hold municipal separate storm sewer permits, the waiver shall also apply to the property of each locality and of its school board that is accounted for in that locality’s municipal separate storm sewer program plan, regardless of whether such property is located within the adjoining locality.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"18":{"id":222564,"text":"Any locality that establishes a system of charges pursuant to this section may establish a public-private partnership program, to be known as a stormwater management private property program, in order to promote cost-effectiveness in reducing excessive stormwater flow or pollutant loadings or in making other stormwater improvements authorized pursuant to this section. A locality that opts to establish a stormwater management private property program pursuant to this subsection shall:","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"J1"},"19":{"id":222565,"text":"Promote awareness of the location, quantity, and timing of reductions or other improvements that it determines appropriate under this program;","type":"section","prefixes":["J","1"],"prefix":"1","entire_prefix":"J1","prefix_anchor":"J1","level":2,"prior_prefix":"J","next_prefix":"J2"},"20":{"id":222566,"text":"Seek the voluntary participation of property owners;","type":"section","prefixes":["J","2"],"prefix":"2","entire_prefix":"J2","prefix_anchor":"J2","level":2,"prior_prefix":"J1","next_prefix":"J3"},"21":{"id":222567,"text":"Accept the participation of property owners on both an individual and a group basis by which multiple owners may collaborate on improvements and allocate among the multiple owners any payments made by the locality;","type":"section","prefixes":["J","3"],"prefix":"3","entire_prefix":"J3","prefix_anchor":"J3","level":2,"prior_prefix":"J2","next_prefix":"J4"},"22":{"id":222568,"text":"Enter into contracts at its discretion to secure improvements on terms and conditions that the locality deems appropriate, including by making payments to property owners in excess of the value of any applicable waivers pursuant to subsections D and E; and","type":"section","prefixes":["J","4"],"prefix":"4","entire_prefix":"J4","prefix_anchor":"J4","level":2,"prior_prefix":"J3","next_prefix":"J5"},"23":{"id":222569,"text":"Require appropriate operation and maintenance of the contracted improvements.","type":"section","prefixes":["J","5"],"prefix":"5","entire_prefix":"J5","prefix_anchor":"J5","level":2,"prior_prefix":"J4","next_prefix":"K"},"24":{"id":222570,"text":"Any locality that establishes a stormwater management private property program pursuant to subsection J may procure reductions and improvements in accordance with the Public-Private Education Facilities and Infrastructure Act (§ 56-575.1 et seq.) or other means, as appropriate. Subsection J shall not be interpreted to limit the authority of a locality to secure reductions of excessive stormwater flow or pollutant loadings or other stormwater improvements by other means.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J5"}},"ancestry":[{"id":14728,"edition_id":1,"name":"General Provisions for Public Utilities","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13192,"metadata":{},"date_created":"2026-06-26 03:49:34","date_modified":"2026-06-26 03:49:34","permalink":{"id":154517,"object_type":"structure","relational_id":14728,"identifier":"2","token":"15.2\/II\/21\/2","url":"\/15.2\/II\/21\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13192,"edition_id":1,"name":"Franchises; Sale and Lease of Certain Municipal Public Property; Public Utilities","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":154333,"object_type":"structure","relational_id":13192,"identifier":"21","token":"15.2\/II\/21","url":"\/15.2\/II\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79360,"structure_id":14728,"section_number":"15.2-2109","catch_line":"Powers of localities as to public utilities and computer services; 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grant moneys","url":"\/15.2-2114.01\/","token":"15.2\/II\/21\/2\/15.2-2114.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2114\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 703 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapters 284<\/a> and 805<\/a>; in 1997, chapters 331<\/a> and 587<\/a>; in 1998, chapter 182<\/a>; in 2003, chapter 390<\/a>; in 2004, chapter 507<\/a>; in 2005, chapter 313<\/a>; in 2006, chapter 11<\/a>; in 2009, chapter 703<\/a>; in 2011, chapter 452<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2015, chapter 683<\/a>; in 2016, chapter 587<\/a>; in 2017, chapter 375<\/a>; in 2024, chapters 225<\/a> and 242<\/a>.<\/p>","references":[{"id":59486,"section_number":"62.1-229.4","catch_line":"Loans for stormwater runoff control best management practices","order_by":null,"url":"\/62.1-229.4\/"},{"id":64215,"section_number":"62.1-44.15:28.1","catch_line":"Pollutant removal by dredging","order_by":null,"url":"\/62.1-44.15_28.1\/"}],"refers_to":[{"id":65433,"section_number":"15.2-1427","catch_line":"Adoption of ordinances and resolutions generally; amending or repealing ordinances","order_by":null,"url":"\/15.2-1427\/"},{"id":82693,"section_number":"15.2-1800","catch_line":"Purchase, sale, use, etc., of real property","order_by":null,"url":"\/15.2-1800\/"},{"id":82731,"section_number":"15.2-2600","catch_line":"Short title","order_by":null,"url":"\/15.2-2600\/"},{"id":54398,"section_number":"15.2-5100","catch_line":"Title of chapter","order_by":null,"url":"\/15.2-5100\/"},{"id":54549,"section_number":"56-575.1","catch_line":"Definitions","order_by":null,"url":"\/56-575.1\/"},{"id":71282,"section_number":"62.1-44.15:24","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_24\/"},{"id":54640,"section_number":"62.1-44.2","catch_line":"Short title; purpose","order_by":null,"url":"\/62.1-44.2\/"}],"permalink":{"id":154551,"object_type":"law","relational_id":60869,"identifier":"15.2-2114","token":"15.2\/II\/21\/2\/15.2-2114","url":"\/15.2-2114\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2114\/","token":"15.2\/II\/21\/2\/15.2-2114","dublin_core":{"Title":"Regulation of stormwater","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2114","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any locality<\/span>, by ordinance<\/span>, may establish a utility or enact a system of service charges to support a local stormwater management program consistent with Article 2.3 (\u00a7 62.1-44.15:24<\/a> et seq.) of Chapter 3.1 of Title 62.1 or any other state or federal regulation governing stormwater management. Income derived from a utility or system of charges shall be dedicated special revenue, may not exceed the actual costs incurred by a locality<\/span> operating under the provisions of this section, and may be used only to pay or recover costs for the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The acquisition, as permitted by § 15.2-1800<\/a>, of real and personal property, and interest therein, necessary to construct, operate and maintain stormwater control facilities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The cost of administration of such programs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Planning, design, engineering, construction, and debt retirement for new facilities and enlargement or improvement of existing facilities, including the enlargement or improvement of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Facility operation and maintenance, including the maintenance of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Monitoring of stormwater control devices and ambient water quality monitoring; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Contracts<\/span> related to stormwater management, including contracts<\/span> for the financing, construction, operation, or maintenance of stormwater management facilities, regardless of whether such facilities are located on public or private property and, in the case of private property locations, whether the contract<\/span> is entered into pursuant to a stormwater management private property program under subsection J or otherwise; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Other activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The charges may be assessed to property owners or occupants, including condominium unit owners or tenants (when the tenant is the party<\/span> to whom the water and sewer service is billed), and shall be based upon an analysis that demonstrates the rational relationship between the amount charged and the services provided. Prior to adopting such a system, a public hearing<\/span> shall be held after giving notice as required by charter or as provided in § 15.2-1427<\/a>. However, prior to adoption of any ordinance<\/span> pursuant to this section related to the enlargement, improvement, or maintenance of privately owned dams, a locality<\/span> shall comply with the notice provisions of § 15.2-1427<\/a> and hold a public hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A locality<\/span> adopting such a system shall provide for full waivers<\/span> of charges to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A federal, state, or local government<\/span>, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system, except that the waiver<\/span> of charges shall apply only to property covered by any such permit; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Public roads and street rights-of-way that are owned and maintained by state or local agencies, including property rights-of-way acquired through the acquisitions process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A locality<\/span> adopting such a system shall provide for full or partial waivers<\/span> of charges to any person who installs, operates, and maintains a stormwater management facility that achieves a permanent reduction in stormwater flow or pollutant loadings or other such other facility, system, or practice whereby stormwater runoff produced by the property is retained and treated on site in accordance with a stormwater management plan approved pursuant to Chapter 3.1 (§ 62.1-44.2<\/a> et seq.) of Title 62.1. The locality<\/span> shall base the amount of the waiver<\/span> in part on the percentage reduction in stormwater flow or pollutant loadings, or both, from pre-installation to post-installation of the facility. No locality<\/span> shall provide a waiver<\/span> to any person who does not obtain a stormwater permit from the Department of Environmental Quality when such permit is required by statute<\/span> or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A locality<\/span> adopting such a system may provide for full or partial waivers<\/span> of charges to cemeteries, property owned or operated by the locality<\/span> administering the program, and public or private entities that implement or participate in strategies, techniques, or programs that reduce stormwater flow or pollutant loadings, or decrease the cost of maintaining or operating the public stormwater management system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any locality<\/span> may issue<\/span> general obligation bonds<\/span> or revenue bonds<\/span> in order<\/span> to finance the cost of infrastructure and equipment for a stormwater control program. Infrastructure and equipment shall include structural and natural stormwater control systems of all types, including, without limitation, retention basins, sewers, conduits, pipelines, pumping and ventilating stations, and other plants, structures, and real and personal property used for support of the system. The procedure for the issuance of any such general obligation bonds<\/span> or revenue bonds<\/span> pursuant to this section shall be in conformity with the procedure for issuance of such bonds<\/span> as set forth in the Public Finance Act (§ 15.2-2600<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In the event charges are not paid when due, interest thereon shall at that time accrue at the rate, not to exceed the maximum amount allowed by law<\/span>, determined by the locality<\/span> until such time as the overdue payment and interest are paid. Charges and interest may be recovered by the locality<\/span> by action at law<\/span> or suit in equity<\/span> and shall constitute a lien<\/span> against the property, ranking on a parity with liens<\/span> for unpaid taxes. The locality<\/span> may combine the billings for stormwater charges with billings for water or sewer charges, real property tax assessments, or other billings; in such cases, the locality<\/span> may establish the order<\/span> in which payments will be applied to the different charges. No locality<\/span> shall combine its billings with those of another locality<\/span> or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100<\/a> et seq.) of Title 15.2, unless such locality<\/span> or political subdivision has given its consent by duly adopted resolution or ordinance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any two or more localities may enter into cooperative agreements concerning the management of stormwater. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> For purposes of implementing waivers<\/span> pursuant to subdivision C 1, for property where two adjoining localities subject to a revenue sharing agreement each hold municipal separate storm sewer permits, the waiver<\/span> shall also apply to the property of each locality<\/span> and of its school board that is accounted for in that locality<\/span>’s municipal separate storm sewer program plan, regardless of whether such property is located within the adjoining locality<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Any locality<\/span> that establishes a system of charges pursuant to this section may establish a public-private partnership program, to be known as a stormwater management private property program, in order<\/span> to promote cost-effectiveness in reducing excessive stormwater flow or pollutant loadings or in making other stormwater improvements authorized pursuant to this section. A locality<\/span> that opts to establish a stormwater management private property program pursuant to this subsection shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Promote awareness of the location, quantity, and timing of reductions or other improvements that it determines appropriate under this program; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Seek the voluntary participation of property owners; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Accept the participation of property owners on both an individual and a group basis by which multiple owners may collaborate on improvements and allocate among the multiple owners any payments made by the locality<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Enter into contracts<\/span> at its discretion to secure improvements on terms and conditions that the locality<\/span> deems appropriate, including by making payments to property owners in excess of the value of any applicable waivers<\/span> pursuant to subsections D and E; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Require appropriate operation and maintenance of the contracted improvements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Any locality<\/span> that establishes a stormwater management private property program pursuant to subsection J may procure reductions and improvements in accordance with the Public-Private Education Facilities and Infrastructure Act (§ 56-575.1<\/a> et seq.) or other means, as appropriate. Subsection J shall not be interpreted to limit the authority of a locality<\/span> to secure reductions of excessive stormwater flow or pollutant loadings or other stormwater improvements by other means. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGULATION OF STORMWATER (\u00a7 15.2-2114)\n\nA. Any locality, by ordinance, may establish a utility or enact a system of\nservice charges to support a local stormwater management program consistent with\nArticle 2.3 (\u00a7 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 or any other\nstate or federal regulation governing stormwater management. Income derived from\na utility or system of charges shall be dedicated special revenue, may not\nexceed the actual costs incurred by a locality operating under the provisions of\nthis section, and may be used only to pay or recover costs for the following:\n\n 1. The acquisition, as permitted by § 15.2-1800, of real and personal\n property, and interest therein, necessary to construct, operate and maintain\n stormwater control facilities;\n\n 2. The cost of administration of such programs;\n\n 3. Planning, design, engineering, construction, and debt retirement for new\n facilities and enlargement or improvement of existing facilities, including\n the enlargement or improvement of dams, levees, floodwalls, and pump stations,\n whether publicly or privately owned, that serve to control stormwater;\n\n 4. Facility operation and maintenance, including the maintenance of dams,\n levees, floodwalls, and pump stations, whether publicly or privately owned,\n that serve to control stormwater;\n\n 5. Monitoring of stormwater control devices and ambient water quality\n monitoring;\n\n 6. Contracts related to stormwater management, including contracts for the\n financing, construction, operation, or maintenance of stormwater management\n facilities, regardless of whether such facilities are located on public or\n private property and, in the case of private property locations, whether the\n contract is entered into pursuant to a stormwater management private property\n program under subsection J or otherwise; and\n\n 7. Other activities consistent with the state or federal regulations or\n permits governing stormwater management, including, but not limited to, public\n education, watershed planning, inspection and enforcement activities, and\n pollution prevention planning and implementation.\n\nB. The charges may be assessed to property owners or occupants, including\ncondominium unit owners or tenants (when the tenant is the party to whom the\nwater and sewer service is billed), and shall be based upon an analysis that\ndemonstrates the rational relationship between the amount charged and the\nservices provided. Prior to adopting such a system, a public hearing shall be\nheld after giving notice as required by charter or as provided in §\n15.2-1427. However, prior to adoption of any ordinance pursuant to this section\nrelated to the enlargement, improvement, or maintenance of privately owned dams,\na locality shall comply with the notice provisions of § 15.2-1427 and hold\na public hearing.\n\nC. A locality adopting such a system shall provide for full waivers of charges\nto the following:\n\n 1. A federal, state, or local government, or public entity, that holds a\n permit to discharge stormwater from a municipal separate storm sewer system,\n except that the waiver of charges shall apply only to property covered by any\n such permit; and\n\n 2. Public roads and street rights-of-way that are owned and maintained by\n state or local agencies, including property rights-of-way acquired through the\n acquisitions process.\n\nD. A locality adopting such a system shall provide for full or partial waivers\nof charges to any person who installs, operates, and maintains a stormwater\nmanagement facility that achieves a permanent reduction in stormwater flow or\npollutant loadings or other such other facility, system, or practice whereby\nstormwater runoff produced by the property is retained and treated on site in\naccordance with a stormwater management plan approved pursuant to Chapter 3.1\n(§ 62.1-44.2 et seq.) of Title 62.1. The locality shall base the amount of\nthe waiver in part on the percentage reduction in stormwater flow or pollutant\nloadings, or both, from pre-installation to post-installation of the facility.\nNo locality shall provide a waiver to any person who does not obtain a\nstormwater permit from the Department of Environmental Quality when such permit\nis required by statute or regulation.\n\nE. A locality adopting such a system may provide for full or partial waivers of\ncharges to cemeteries, property owned or operated by the locality administering\nthe program, and public or private entities that implement or participate in\nstrategies, techniques, or programs that reduce stormwater flow or pollutant\nloadings, or decrease the cost of maintaining or operating the public stormwater\nmanagement system.\n\nF. Any locality may issue general obligation bonds or revenue bonds in order to\nfinance the cost of infrastructure and equipment for a stormwater control\nprogram. Infrastructure and equipment shall include structural and natural\nstormwater control systems of all types, including, without limitation,\nretention basins, sewers, conduits, pipelines, pumping and ventilating stations,\nand other plants, structures, and real and personal property used for support of\nthe system. The procedure for the issuance of any such general obligation bonds\nor revenue bonds pursuant to this section shall be in conformity with the\nprocedure for issuance of such bonds as set forth in the Public Finance Act\n(§ 15.2-2600 et seq.).\n\nG. In the event charges are not paid when due, interest thereon shall at that\ntime accrue at the rate, not to exceed the maximum amount allowed by law,\ndetermined by the locality until such time as the overdue payment and interest\nare paid. Charges and interest may be recovered by the locality by action at law\nor suit in equity and shall constitute a lien against the property, ranking on a\nparity with liens for unpaid taxes. The locality may combine the billings for\nstormwater charges with billings for water or sewer charges, real property tax\nassessments, or other billings; in such cases, the locality may establish the\norder in which payments will be applied to the different charges. No locality\nshall combine its billings with those of another locality or political\nsubdivision, including an authority operating pursuant to Chapter 51 (§\n15.2-5100 et seq.) of Title 15.2, unless such locality or political subdivision\nhas given its consent by duly adopted resolution or ordinance.\n\nH. Any two or more localities may enter into cooperative agreements concerning\nthe management of stormwater.\n\nI. For purposes of implementing waivers pursuant to subdivision C 1, for\nproperty where two adjoining localities subject to a revenue sharing agreement\neach hold municipal separate storm sewer permits, the waiver shall also apply to\nthe property of each locality and of its school board that is accounted for in\nthat locality’s municipal separate storm sewer program plan, regardless of\nwhether such property is located within the adjoining locality.\n\nJ. Any locality that establishes a system of charges pursuant to this section\nmay establish a public-private partnership program, to be known as a stormwater\nmanagement private property program, in order to promote cost-effectiveness in\nreducing excessive stormwater flow or pollutant loadings or in making other\nstormwater improvements authorized pursuant to this section. A locality that\nopts to establish a stormwater management private property program pursuant to\nthis subsection shall:\n\n 1. Promote awareness of the location, quantity, and timing of reductions or\n other improvements that it determines appropriate under this program;\n\n 2. Seek the voluntary participation of property owners;\n\n 3. Accept the participation of property owners on both an individual and a\n group basis by which multiple owners may collaborate on improvements and\n allocate among the multiple owners any payments made by the locality;\n\n 4. Enter into contracts at its discretion to secure improvements on terms and\n conditions that the locality deems appropriate, including by making payments\n to property owners in excess of the value of any applicable waivers pursuant\n to subsections D and E; and\n\n 5. Require appropriate operation and maintenance of the contracted\n improvements.\n\nK. Any locality that establishes a stormwater management private property\nprogram pursuant to subsection J may procure reductions and improvements in\naccordance with the Public-Private Education Facilities and Infrastructure Act\n(§ 56-575.1 et seq.) or other means, as appropriate. Subsection J shall not\nbe interpreted to limit the authority of a locality to secure reductions of\nexcessive stormwater flow or pollutant loadings or other stormwater improvements\nby other means.\n\nHISTORY: 1991, c. 703, \u00a7 15.1-292.4; 1994, cc. 284, 805; 1997, cc. 331, 587;\n1998, c. 182; 2003, c. 390; 2004, c. 507; 2005, c. 313; 2006, c. 11; 2009, c.\n703; 2011, c. 452; 2013, cc. 756, 793; 2015, c. 683; 2016, c. 587; 2017, c. 375;\n2024, cc. 225, 242.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}