{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_24.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_24.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_24.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_24.html"}],"law_id":71282,"edition_id":1,"section_id":71282,"structure_id":13470,"section_number":"62.1-44.15:24","catch_line":"Definitions","history":"1989, cc. 467, \u00a7 10.1-603.2; 499; 1991, c. 84; 1994, cc. 605, 898; 2004, c. 372; 2006, cc. 21, 171; 2012, cc. 785, 819; 2013, cc. 756, 793; 2014, cc. 303, 598; 2016, cc. 68, 758; 2018, cc. 154, 155; 2023, cc. 48, 49.","full_text":"As used in this article, unless the context requires a different meaning:\n\t\t“Agreement in lieu of a plan” means a contract between the VESMP authority or the Board acting as a VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of this article for the construction of a (i) single-family detached residential structure or (ii) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent; such contract may be executed by the VESMP authority in lieu of a soil erosion control and stormwater management plan or by the Board acting as a VSMP authority in lieu of a stormwater management plan.\n\t\t“Applicant” means any person submitting a soil erosion control and stormwater management plan to a VESMP authority, or a stormwater management plan to the Board when it is serving as a VSMP authority, for approval in order to obtain authorization to commence a land-disturbing activity.\n\t\t“CWA” means the federal Clean Water Act (33 U.S.C. \u00a7 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, P.L. 92-500, as amended by P.L. 95-217, P.L. 95-576, P.L. 96-483, and P.L. 97-117, or any subsequent revisions thereto.\n\t\t“Department” means the Department of Environmental Quality.\n\t\t“Director” means the Director of the Department of Environmental Quality.\n\t\t“Erosion impact area” means an area of land that is not associated with a current land-disturbing activity but is subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or any shoreline where the erosion results from wave action or other coastal processes.\n\t\t“Farm building or structure” means the same as that term is defined in \u00a7 36-97 and also includes any building or structure used for agritourism activity, as defined in \u00a7 3.2-6400, and any related impervious surfaces including roads, driveways, and parking areas.\n\t\t“Flooding” means a volume of water that is too great to be confined within the banks or walls of the stream, water body, or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage.\n\t\t“Land disturbance” or “land-disturbing activity” means a man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including construction activity such as the clearing, grading, excavating, or filling of land.\n\t\t“Land-disturbance approval” means the same as that term is defined in \u00a7 62.1-44.3.\n\t\t“Municipal separate storm sewer” or “MS4″ means the same as that term is defined in \u00a7 62.1-44.3.\n\t\t“Municipal Separate Storm Sewer System Management Program” means a management program covering the duration of a permit for a municipal separate storm sewer system that includes a comprehensive planning process that involves public participation and intergovernmental coordination, to reduce the discharge of pollutants to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the CWA and regulations, and this article and its attendant regulations, using management practices, control techniques, and system, design, and engineering methods, and such other provisions that are appropriate.\n\t\t“Natural channel design concepts” means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.\n\t\t“Nonpoint source pollution” means pollution such as sediment, nitrogen, phosphorus, hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed from the land surface in a diffuse manner by stormwater.\n\t\t“Owner” means the same as that term is defined in \u00a7 62.1-44.3. For a regulated land-disturbing activity that does not require a permit, “owner” also means the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property.\n\t\t“Peak flow rate” means the maximum instantaneous flow from a prescribed design storm at a particular location.\n\t\t“Permit” means a Virginia Pollutant Discharge Elimination System (VPDES) permit issued by the Board pursuant to \u00a7 62.1-44.15 for stormwater discharges from a land-disturbing activity or MS4.\n\t\t“Permittee” means the person to whom the permit is issued.\n\t\t“Runoff volume” means the volume of water that runs off the land development project from a prescribed storm event.\n\t\t“Rural Tidewater locality” means any locality that is (i) subject to the provisions of the Chesapeake Bay Preservation Act (\u00a7 62.1-44.15:67 et seq.) and (ii) eligible to join the Rural Coastal Virginia Community Enhancement Authority established by Chapter 76 (\u00a7 15.2-7600 et seq.) of Title 15.2.\n\t\t“Small construction activity” means:\n\n1\n\nA construction activity, including clearing, grading, or excavating, that results in land disturbance of equal to or greater than one acre and less than five acres. “Small construction activity” also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb an area equal to or greater than one acre and less than five acres. “Small construction activity” does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.\n\t\t\tThe Board may waive the otherwise applicable requirements in a general permit for a stormwater discharge from construction activities that disturb less than five acres where stormwater controls are not needed based on an approved total maximum daily load (TMDL) that addresses the pollutants of concern or, for nonimpaired waters that do not require TMDLs, an equivalent analysis that determines allocations for small construction sites for the pollutants of concern or that determines that such allocations are not needed to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. For the purpose of this subdivision, the pollutants of concern include sediment or a parameter that addresses sediment, such as total suspended solids, turbidity, or siltation, and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. The operator shall certify to the Board that the construction activity will take place, and that stormwater discharges will occur, within the drainage area addressed by the TMDL or provide an equivalent analysis.\n\t\t\tAs of the start date in the table of start dates for electronic submissions of Virginia Pollutant Discharge Elimination System (VPDES) information within the regulation governing the implementation of electronic reporting requirements for certain VPDES permittees, facilities, and entities, all certifications submitted in support of such waiver shall be submitted electronically by the owner or operator to the Department in compliance with (i) this subdivision; (ii) 40 C.F.R. Part 3, including, in all cases, 40 C.F.R. Part 3 Subpart D; (iii) the regulation addressing signatories to state permit applications and reports; and (iv) regulations addressing the VPDES electronic reporting requirements. Such regulations addressing the VPDES electronic reporting requirements shall not undo existing requirements for electronic reporting. Prior to such date, and independent of the regulations addressing the VPDES electronic reporting requirements, a permittee shall be required to report electronically if specified by a particular permit.2\n\nAny other construction activity designated by either the Board or the Regional Administrator of the U.S. Environmental Protection Agency, based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to surface waters.\n\t\t\t“Soil erosion” means the movement of soil by wind or water into state waters or onto lands in the Commonwealth.\n\t\t\t“Soil Erosion Control and Stormwater Management plan” or “plan” means a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to this article.\n\t\t\t“Stormwater,” for the purposes of this article, means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage.\n\t\t\t“Stormwater management plan” means a document containing material describing methods for complying with the requirements of a VSMP.\n\t\t\t“Subdivision” means the same as that term is defined in § 15.2-2201.\n\t\t\t“Virginia Erosion and Sediment Control Program” or “VESCP” means a program approved by the Board that is established by a VESCP authority pursuant to Article 2.4 (§ 62.1-44.15:51 et seq.) for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The VESCP shall include, where applicable, such items as local ordinances, rules, policies and guidelines, technical materials, and requirements for plan review, inspection, and evaluation consistent with the requirements of Article 2.4 (§ 62.1-44.15:51 et seq.).\n\t\t\t“Virginia Erosion and Sediment Control Program authority” or “VESCP authority” means a locality that is approved by the Board to operate a Virginia Erosion and Sediment Control Program in accordance with Article 2.4 (§ 62.1-44.15:51 et seq.). Only a locality for which the Department administered a Virginia Stormwater Management Program as of July 1, 2017, is authorized to choose to operate a VESCP pursuant to Article 2.4 (§ 62.1-44.15:51 et seq.).\n\t\t\t“Virginia Erosion and Stormwater Management Program” or “VESMP” means a program established by a VESMP authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The program shall include such items as local ordinances, rules, requirements for permits and land-disturbance approvals, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement consistent with the requirements of this article.\n\t\t\t“Virginia Erosion and Stormwater Management Program authority” or “VESMP authority” means the Board or a locality approved by the Board to operate a Virginia Erosion and Stormwater Management Program. For state agency or federal entity land-disturbing activities and land-disturbing activities subject to approved standards and specifications, the Board shall serve as the VESMP authority.\n\t\t\t“Virginia Stormwater Management Program” or “VSMP” means a program established by the Board pursuant to § 62.1-44.15:27.1 on behalf of a locality on or after July 1, 2014, to manage the quality and quantity of runoff resulting from any land-disturbing activity that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or more of land disturbance.\n\t\t\t“Virginia Stormwater Management Program authority” or “VSMP authority” means the Board when administering a VSMP on behalf of a locality that, pursuant to subdivision B 3 of § 62.1-44.15:27, has chosen not to adopt and administer a VESMP.\n\t\t\t“Water quality technical criteria” means standards set forth in regulations adopted pursuant to this article that establish minimum design criteria for measures to control nonpoint source pollution.\n\t\t\t“Water quantity technical criteria” means standards set forth in regulations adopted pursuant to this article that establish minimum design criteria for measures to control localized flooding and stream channel erosion.\n\t\t\t“Watershed” means a defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet. In karst areas, the karst feature to which water drains may be considered the single outlet for the watershed.","order_by":null,"text":{"0":{"id":256931,"text":"As used in this article, unless the context requires a different meaning:\n\t\t“Agreement in lieu of a plan” means a contract between the VESMP authority or the Board acting as a VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of this article for the construction of a (i) single-family detached residential structure or (ii) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent; such contract may be executed by the VESMP authority in lieu of a soil erosion control and stormwater management plan or by the Board acting as a VSMP authority in lieu of a stormwater management plan.\n\t\t“Applicant” means any person submitting a soil erosion control and stormwater management plan to a VESMP authority, or a stormwater management plan to the Board when it is serving as a VSMP authority, for approval in order to obtain authorization to commence a land-disturbing activity.\n\t\t“CWA” means the federal Clean Water Act (33 U.S.C. \u00a7 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, P.L. 92-500, as amended by P.L. 95-217, P.L. 95-576, P.L. 96-483, and P.L. 97-117, or any subsequent revisions thereto.\n\t\t“Department” means the Department of Environmental Quality.\n\t\t“Director” means the Director of the Department of Environmental Quality.\n\t\t“Erosion impact area” means an area of land that is not associated with a current land-disturbing activity but is subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or any shoreline where the erosion results from wave action or other coastal processes.\n\t\t“Farm building or structure” means the same as that term is defined in \u00a7 36-97 and also includes any building or structure used for agritourism activity, as defined in \u00a7 3.2-6400, and any related impervious surfaces including roads, driveways, and parking areas.\n\t\t“Flooding” means a volume of water that is too great to be confined within the banks or walls of the stream, water body, or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage.\n\t\t“Land disturbance” or “land-disturbing activity” means a man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including construction activity such as the clearing, grading, excavating, or filling of land.\n\t\t“Land-disturbance approval” means the same as that term is defined in \u00a7 62.1-44.3.\n\t\t“Municipal separate storm sewer” or “MS4″ means the same as that term is defined in \u00a7 62.1-44.3.\n\t\t“Municipal Separate Storm Sewer System Management Program” means a management program covering the duration of a permit for a municipal separate storm sewer system that includes a comprehensive planning process that involves public participation and intergovernmental coordination, to reduce the discharge of pollutants to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the CWA and regulations, and this article and its attendant regulations, using management practices, control techniques, and system, design, and engineering methods, and such other provisions that are appropriate.\n\t\t“Natural channel design concepts” means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.\n\t\t“Nonpoint source pollution” means pollution such as sediment, nitrogen, phosphorus, hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed from the land surface in a diffuse manner by stormwater.\n\t\t“Owner” means the same as that term is defined in \u00a7 62.1-44.3. For a regulated land-disturbing activity that does not require a permit, “owner” also means the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property.\n\t\t“Peak flow rate” means the maximum instantaneous flow from a prescribed design storm at a particular location.\n\t\t“Permit” means a Virginia Pollutant Discharge Elimination System (VPDES) permit issued by the Board pursuant to \u00a7 62.1-44.15 for stormwater discharges from a land-disturbing activity or MS4.\n\t\t“Permittee” means the person to whom the permit is issued.\n\t\t“Runoff volume” means the volume of water that runs off the land development project from a prescribed storm event.\n\t\t“Rural Tidewater locality” means any locality that is (i) subject to the provisions of the Chesapeake Bay Preservation Act (\u00a7 62.1-44.15:67 et seq.) and (ii) eligible to join the Rural Coastal Virginia Community Enhancement Authority established by Chapter 76 (\u00a7 15.2-7600 et seq.) of Title 15.2.\n\t\t“Small construction activity” means:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":256932,"text":"A construction activity, including clearing, grading, or excavating, that results in land disturbance of equal to or greater than one acre and less than five acres. “Small construction activity” also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb an area equal to or greater than one acre and less than five acres. “Small construction activity” does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.\n\t\t\tThe Board may waive the otherwise applicable requirements in a general permit for a stormwater discharge from construction activities that disturb less than five acres where stormwater controls are not needed based on an approved total maximum daily load (TMDL) that addresses the pollutants of concern or, for nonimpaired waters that do not require TMDLs, an equivalent analysis that determines allocations for small construction sites for the pollutants of concern or that determines that such allocations are not needed to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. For the purpose of this subdivision, the pollutants of concern include sediment or a parameter that addresses sediment, such as total suspended solids, turbidity, or siltation, and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. The operator shall certify to the Board that the construction activity will take place, and that stormwater discharges will occur, within the drainage area addressed by the TMDL or provide an equivalent analysis.\n\t\t\tAs of the start date in the table of start dates for electronic submissions of Virginia Pollutant Discharge Elimination System (VPDES) information within the regulation governing the implementation of electronic reporting requirements for certain VPDES permittees, facilities, and entities, all certifications submitted in support of such waiver shall be submitted electronically by the owner or operator to the Department in compliance with (i) this subdivision; (ii) 40 C.F.R. Part 3, including, in all cases, 40 C.F.R. Part 3 Subpart D; (iii) the regulation addressing signatories to state permit applications and reports; and (iv) regulations addressing the VPDES electronic reporting requirements. Such regulations addressing the VPDES electronic reporting requirements shall not undo existing requirements for electronic reporting. Prior to such date, and independent of the regulations addressing the VPDES electronic reporting requirements, a permittee shall be required to report electronically if specified by a particular permit.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":256933,"text":"Any other construction activity designated by either the Board or the Regional Administrator of the U.S. Environmental Protection Agency, based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to surface waters.\n\t\t\t“Soil erosion” means the movement of soil by wind or water into state waters or onto lands in the Commonwealth.\n\t\t\t“Soil Erosion Control and Stormwater Management plan” or “plan” means a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to this article.\n\t\t\t“Stormwater,” for the purposes of this article, means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage.\n\t\t\t“Stormwater management plan” means a document containing material describing methods for complying with the requirements of a VSMP.\n\t\t\t“Subdivision” means the same as that term is defined in § 15.2-2201.\n\t\t\t“Virginia Erosion and Sediment Control Program” or “VESCP” means a program approved by the Board that is established by a VESCP authority pursuant to Article 2.4 (§ 62.1-44.15:51 et seq.) for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The VESCP shall include, where applicable, such items as local ordinances, rules, policies and guidelines, technical materials, and requirements for plan review, inspection, and evaluation consistent with the requirements of Article 2.4 (§ 62.1-44.15:51 et seq.).\n\t\t\t“Virginia Erosion and Sediment Control Program authority” or “VESCP authority” means a locality that is approved by the Board to operate a Virginia Erosion and Sediment Control Program in accordance with Article 2.4 (§ 62.1-44.15:51 et seq.). Only a locality for which the Department administered a Virginia Stormwater Management Program as of July 1, 2017, is authorized to choose to operate a VESCP pursuant to Article 2.4 (§ 62.1-44.15:51 et seq.).\n\t\t\t“Virginia Erosion and Stormwater Management Program” or “VESMP” means a program established by a VESMP authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The program shall include such items as local ordinances, rules, requirements for permits and land-disturbance approvals, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement consistent with the requirements of this article.\n\t\t\t“Virginia Erosion and Stormwater Management Program authority” or “VESMP authority” means the Board or a locality approved by the Board to operate a Virginia Erosion and Stormwater Management Program. For state agency or federal entity land-disturbing activities and land-disturbing activities subject to approved standards and specifications, the Board shall serve as the VESMP authority.\n\t\t\t“Virginia Stormwater Management Program” or “VSMP” means a program established by the Board pursuant to § 62.1-44.15:27.1 on behalf of a locality on or after July 1, 2014, to manage the quality and quantity of runoff resulting from any land-disturbing activity that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or more of land disturbance.\n\t\t\t“Virginia Stormwater Management Program authority” or “VSMP authority” means the Board when administering a VSMP on behalf of a locality that, pursuant to subdivision B 3 of § 62.1-44.15:27, has chosen not to adopt and administer a VESMP.\n\t\t\t“Water quality technical criteria” means standards set forth in regulations adopted pursuant to this article that establish minimum design criteria for measures to control nonpoint source pollution.\n\t\t\t“Water quantity technical criteria” means standards set forth in regulations adopted pursuant to this article that establish minimum design criteria for measures to control localized flooding and stream channel erosion.\n\t\t\t“Watershed” means a defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet. In karst areas, the karst feature to which water drains may be considered the single outlet for the watershed.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":13470,"edition_id":1,"name":"Virginia Erosion and Stormwater Management Act (VESMA)","identifier":"2.3","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:44:57","date_modified":"2026-06-26 03:44:57","permalink":{"id":269481,"object_type":"structure","relational_id":13470,"identifier":"2.3","token":"62.1\/3.1\/2.3","url":"\/62.1\/3.1\/2.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71282,"structure_id":13470,"section_number":"62.1-44.15:24","catch_line":"Definitions","url":"\/62.1-44.15_24\/","token":"62.1\/3.1\/2.3\/62.1-44.15_24","metadata":false},{"id":75035,"structure_id":13470,"section_number":"62.1-44.15:25","catch_line":"Further powers and duties of the State Water Control Board","url":"\/62.1-44.15_25\/","token":"62.1\/3.1\/2.3\/62.1-44.15_25","metadata":false},{"id":60262,"structure_id":13470,"section_number":"62.1-44.15:25.1","catch_line":"Additional local authority","url":"\/62.1-44.15_25.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_25.1","metadata":false},{"id":62390,"structure_id":13470,"section_number":"62.1-44.15:26","catch_line":"Repealed","url":"\/62.1-44.15_26\/","token":"62.1\/3.1\/2.3\/62.1-44.15_26","metadata":false},{"id":86687,"structure_id":13470,"section_number":"62.1-44.15:26.1","catch_line":"Termination of Construction General Permit coverage","url":"\/62.1-44.15_26.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_26.1","metadata":false},{"id":81987,"structure_id":13470,"section_number":"62.1-44.15:27","catch_line":"Virginia Programs for Erosion Control and Stormwater Management","url":"\/62.1-44.15_27\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27","metadata":false},{"id":78889,"structure_id":13470,"section_number":"62.1-44.15:27.1","catch_line":"Virginia Stormwater Management Programs administered by the Board","url":"\/62.1-44.15_27.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.1","metadata":false},{"id":75881,"structure_id":13470,"section_number":"62.1-44.15:27.2","catch_line":"Rural Tidewater localities; 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This law was first created in 1989. The record of its establishment is cataloged in chapter 467 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 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1991, chapter 84; in 1994, chapters 605<\/a> and 898<\/a>; in 2004, chapter 372<\/a>; in 2006, chapters 21<\/a> and 171<\/a>; in 2012, chapters 785<\/a> and 819<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2014, chapters 303<\/a> and 598<\/a>; in 2016, chapters 68<\/a> and 758<\/a>; in 2018, chapters 154<\/a> and 155<\/a>; in 2023, chapters 48<\/a> and 49<\/a>.<\/p>","references":[{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"},{"id":63496,"section_number":"15.2-1129.2","catch_line":"Creation of local economic revitalization zones","order_by":null,"url":"\/15.2-1129.2\/"},{"id":59310,"section_number":"15.2-1232.2","catch_line":"Creation of local economic revitalization zones","order_by":null,"url":"\/15.2-1232.2\/"},{"id":60869,"section_number":"15.2-2114","catch_line":"Regulation of stormwater","order_by":null,"url":"\/15.2-2114\/"},{"id":83924,"section_number":"15.2-2306.1","catch_line":"Creation of working waterfront development areas","order_by":null,"url":"\/15.2-2306.1\/"},{"id":83202,"section_number":"15.2-941.1","catch_line":"Creation of abandoned school revitalization zones","order_by":null,"url":"\/15.2-941.1\/"},{"id":66799,"section_number":"3.2-3602","catch_line":"Local government regulation of fertilizer","order_by":null,"url":"\/3.2-3602\/"},{"id":54780,"section_number":"36-55.64","catch_line":"Creation of local housing rehabilitation zones","order_by":null,"url":"\/36-55.64\/"},{"id":67832,"section_number":"58.1-3851","catch_line":"Creation of local tourism zones","order_by":null,"url":"\/58.1-3851\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":77656,"section_number":"62.1-44.15:27.4","catch_line":"Department acceptance of plans in lieu of plan review","order_by":null,"url":"\/62.1-44.15_27.4\/"},{"id":57827,"section_number":"62.1-44.15:52","catch_line":"Virginia Erosion and Sediment Control Program","order_by":null,"url":"\/62.1-44.15_52\/"},{"id":81184,"section_number":"62.1-44.15:81","catch_line":"Application and preparation of draft certification conditions","order_by":null,"url":"\/62.1-44.15_81\/"},{"id":71038,"section_number":"62.1-44.25","catch_line":"Right to hearing","order_by":null,"url":"\/62.1-44.25\/"},{"id":57966,"section_number":"62.1-44.31","catch_line":"Violation of order or certificate or failure to cooperate with Board","order_by":null,"url":"\/62.1-44.31\/"},{"id":69253,"section_number":"62.1-44.32","catch_line":"Penalties","order_by":null,"url":"\/62.1-44.32\/"}],"refers_to":[{"id":77758,"section_number":"15.2-2201","catch_line":"Definitions","order_by":null,"url":"\/15.2-2201\/"},{"id":74033,"section_number":"15.2-7600","catch_line":"Authority created; name","order_by":null,"url":"\/15.2-7600\/"},{"id":78622,"section_number":"3.2-6400","catch_line":"Definitions","order_by":null,"url":"\/3.2-6400\/"},{"id":78167,"section_number":"36-97","catch_line":"Definitions","order_by":null,"url":"\/36-97\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":81987,"section_number":"62.1-44.15:27","catch_line":"Virginia Programs for Erosion Control and Stormwater Management","order_by":null,"url":"\/62.1-44.15_27\/"},{"id":78889,"section_number":"62.1-44.15:27.1","catch_line":"Virginia Stormwater Management Programs administered by the Board","order_by":null,"url":"\/62.1-44.15_27.1\/"},{"id":59976,"section_number":"62.1-44.15:51","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_51\/"},{"id":72347,"section_number":"62.1-44.15:67","catch_line":"Cooperative state-local program","order_by":null,"url":"\/62.1-44.15_67\/"},{"id":61187,"section_number":"62.1-44.3","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.3\/"}],"permalink":{"id":269483,"object_type":"law","relational_id":71282,"identifier":"62.1-44.15:24","token":"62.1\/3.1\/2.3\/62.1-44.15_24","url":"\/62.1-44.15_24\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_24\/","token":"62.1\/3.1\/2.3\/62.1-44.15_24","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:24","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article, unless the context requires a different meaning:\n\t\t“Agreement in lieu of a plan<\/span>” means a contract<\/span> between the VESMP authority<\/span> or the Board<\/span> acting as a VSMP authority<\/span> and the owner<\/span> or permittee<\/span> that specifies methods that shall be implemented to comply with the requirements of this article for the construction of a (i) single-family detached residential structure or (ii) farm building or structure<\/span> on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure<\/span> to be constructed, of less than five percent; such contract<\/span> may be executed by the VESMP authority<\/span> in lieu of a soil erosion control and stormwater management plan<\/span><\/span> or by the Board<\/span> acting as a VSMP authority<\/span> in lieu of a stormwater management plan<\/span>.\n\t\t“Applicant<\/span>” means any person<\/span> submitting a soil erosion control and stormwater management plan<\/span><\/span> to a VESMP authority<\/span>, or a stormwater management plan<\/span> to the Board<\/span> when it is serving as a VSMP authority<\/span>, for approval in order<\/span> to obtain authorization to commence a land-disturbing activity<\/span>.\n\t\t“CWA<\/span>” means the federal Clean Water Act (33 U.S.C. \u00a7 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, P.L. 92-500, as amended by P.L. 95-217, P.L. 95-576, P.L. 96-483, and P.L. 97-117, or any subsequent revisions thereto.\n\t\t“Department<\/span>” means the Department<\/span> of Environmental Quality.\n\t\t“Director<\/span>” means the Director<\/span> of the Department<\/span> of Environmental Quality.\n\t\t“Erosion impact area<\/span>” means an area of land that is not associated with a current land-disturbing activity<\/span> but is subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters<\/span>. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or any shoreline where the erosion results from wave action or other coastal processes.\n\t\t“Farm building or structure<\/span>” means the same as that term is defined in \u00a7 36-97<\/a> and also includes any building or structure used for agritourism activity, as defined in \u00a7 3.2-6400<\/a>, and any related impervious surfaces including roads, driveways, and parking areas.\n\t\t“Flooding<\/span>” means a volume of water that is too great to be confined within the banks or walls of the stream, water body, or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage.\n\t\t“Land disturbance<\/span>” or “land-disturbing activity<\/span>” means a man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including construction activity such as the clearing, grading, excavating, or filling of land.\n\t\t“Land-disturbance approval<\/span>” means the same as that term is defined in \u00a7 62.1-44.3<\/a>.\n\t\t“Municipal separate storm sewer<\/span>” or “MS4″ means the same as that term is defined in \u00a7 62.1-44.3<\/a>.\n\t\t“Municipal Separate Storm Sewer<\/span> System Management Program<\/span>” means a management program covering the duration of a permit<\/span> for a municipal separate storm sewer<\/span> system that includes a comprehensive planning process that involves public participation and intergovernmental coordination, to reduce the discharge of pollutants to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the CWA<\/span> and regulations<\/span>, and this article and its attendant regulations<\/span>, using management practices, control techniques, and system, design, and engineering methods, and such other provisions that are appropriate.\n\t\t“Natural channel design concepts<\/span>” means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.\n\t\t“Nonpoint source pollution<\/span>” means pollution such as sediment, nitrogen, phosphorus, hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed from the land surface in a diffuse manner by stormwater.\n\t\t“Owner<\/span>” means the same as that term is defined in \u00a7 62.1-44.3<\/a>. For a regulated land-disturbing activity<\/span> that does not require a permit<\/span>, “owner<\/span>” also means the owner<\/span> or owners<\/span> of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession<\/span>, assignee of rents, receiver, executor, trustee, lessee, or other person<\/span>, firm, or corporation in control of a property.\n\t\t“Peak flow rate<\/span>” means the maximum instantaneous flow from a prescribed design storm at a particular location.\n\t\t“Permit<\/span>” means a Virginia Pollutant Discharge Elimination System (VPDES) permit<\/span> issued by the Board<\/span> pursuant to \u00a7 62.1-44.15<\/a> for stormwater discharges from a land-disturbing activity<\/span> or MS4.\n\t\t“Permittee<\/span>” means the person<\/span> to whom the permit<\/span> is issued.\n\t\t“Runoff volume<\/span>” means the volume of water that runs off the land development project from a prescribed storm event.\n\t\t“Rural Tidewater locality<\/span>” means any locality that is (i) subject to the provisions of the Chesapeake Bay Preservation Act (\u00a7 62.1-44.15:67<\/a> et seq.) and (ii) eligible to join the Rural Coastal Virginia Community Enhancement Authority established by Chapter 76 (\u00a7 15.2-7600<\/a> et seq.) of Title 15.2.\n\t\t“Small construction activity<\/span>” means:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A construction activity, including clearing, grading, or excavating, that results in land disturbance<\/span> of equal to or greater than one acre and less than five acres. “Small construction activity<\/span>” also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb an area equal to or greater than one acre and less than five acres. “Small construction activity<\/span>” does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.\n\t\t\tThe Board<\/span> may waive<\/span> the otherwise applicable requirements in a general permit<\/span> for a stormwater discharge from construction activities that disturb less than five acres where stormwater controls are not needed based on an approved total maximum daily load (TMDL) that addresses the pollutants of concern or, for nonimpaired waters that do not require TMDLs, an equivalent analysis that determines allocations for small construction sites for the pollutants of concern or that determines that such allocations are not needed to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. For the purpose of this subdivision<\/span>, the pollutants of concern include sediment or a parameter that addresses sediment, such as total suspended solids, turbidity, or siltation, and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. The operator shall certify to the Board<\/span> that the construction activity will take place, and that stormwater discharges will occur, within the drainage area addressed by the TMDL or provide an equivalent analysis.\n\t\t\tAs of the start date in the table of start dates for electronic submissions of Virginia Pollutant Discharge Elimination System (VPDES) information within the regulation<\/span> governing the implementation of electronic reporting requirements for certain VPDES permittees<\/span>, facilities, and entities, all certifications submitted in support of such waiver<\/span> shall be submitted electronically by the owner<\/span> or operator to the Department<\/span> in compliance with (i) this subdivision<\/span>; (ii) 40 C.F.R. Part 3, including, in all cases, 40 C.F.R. Part 3 Subpart D; (iii) the regulation<\/span> addressing signatories to state permit<\/span> applications and reports; and (iv) regulations<\/span> addressing the VPDES electronic reporting requirements. Such regulations<\/span> addressing the VPDES electronic reporting requirements shall not undo existing requirements for electronic reporting. Prior to such date, and independent of the regulations<\/span> addressing the VPDES electronic reporting requirements, a permittee<\/span> shall be required to report electronically if specified by a particular permit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any other construction activity designated by either the Board<\/span> or the Regional Administrator of the U.S. Environmental Protection Agency, based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to surface waters.\n\t\t\t“Soil erosion” means the movement of soil by wind or water into state waters<\/span> or onto lands in the Commonwealth.\n\t\t\t“Soil Erosion Control and Stormwater Management plan<\/span><\/span>” or “plan” means a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to this article.\n\t\t\t“Stormwater,” for the purposes of this article, means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage.\n\t\t\t“Stormwater management plan<\/span>” means a document containing material<\/span> describing methods for complying with the requirements of a VSMP.\n\t\t\t“Subdivision<\/span>” means the same as that term is defined in § 15.2-2201<\/a>.\n\t\t\t“Virginia Erosion and Sediment Control Program<\/span>” or “VESCP” means a program approved by the Board<\/span> that is established by a VESCP authority<\/span> pursuant to Article 2.4 (§ 62.1-44.15:51<\/a> et seq.) for the effective control of soil erosion, sediment deposition<\/span>, and nonagricultural runoff associated with a land-disturbing activity<\/span> to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The VESCP shall include, where applicable, such items as local ordinances<\/span>, rules<\/span>, policies<\/span> and guidelines, technical materials<\/span>, and requirements for plan review, inspection, and evaluation consistent with the requirements of Article 2.4 (§ 62.1-44.15:51<\/a> et seq.).\n\t\t\t“Virginia Erosion and Sediment Control Program<\/span> authority<\/span>” or “VESCP authority<\/span>” means a locality that is approved by the Board<\/span> to operate a Virginia Erosion and Sediment Control Program<\/span> in accordance with Article 2.4 (§ 62.1-44.15:51<\/a> et seq.). Only a locality for which the Department<\/span> administered a Virginia Stormwater Management Program<\/span> as of July 1, 2017, is authorized to choose to operate a VESCP pursuant to Article 2.4 (§ 62.1-44.15:51<\/a> et seq.).\n\t\t\t“Virginia Erosion and Stormwater Management Program<\/span>” or “VESMP” means a program established by a VESMP authority<\/span> for the effective control of soil erosion and sediment deposition<\/span> and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The program shall include such items as local ordinances<\/span>, rules<\/span>, requirements for permits<\/span> and land-disturbance approvals<\/span>, policies<\/span> and guidelines, technical materials<\/span>, and requirements for plan review, inspection, and enforcement consistent with the requirements of this article.\n\t\t\t“Virginia Erosion and Stormwater Management Program<\/span> authority<\/span>” or “VESMP authority<\/span>” means the Board<\/span> or a locality approved by the Board<\/span> to operate a Virginia Erosion and Stormwater Management Program<\/span>. For state agency or federal entity land-disturbing activities and land-disturbing activities subject to approved standards<\/span> and specifications, the Board<\/span> shall serve as the VESMP authority<\/span>.\n\t\t\t“Virginia Stormwater Management Program<\/span>” or “VSMP” means a program established by the Board<\/span> pursuant to § 62.1-44.15:27.1<\/a> on behalf of a locality on or after July 1, 2014, to manage the quality and quantity of runoff resulting from any land-disturbing activity<\/span> that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or more of land disturbance<\/span>.\n\t\t\t“Virginia Stormwater Management Program<\/span> authority<\/span>” or “VSMP authority<\/span>” means the Board<\/span> when administering a VSMP on behalf of a locality that, pursuant to subdivision<\/span> B 3 of § 62.1-44.15:27<\/a>, has chosen not to adopt and administer a VESMP.\n\t\t\t“Water quality technical criteria<\/span>” means standards<\/span> set forth in regulations<\/span> adopted pursuant to this article that establish minimum design criteria for measures to control nonpoint source pollution<\/span>.\n\t\t\t“Water quantity technical criteria<\/span>” means standards<\/span> set forth in regulations<\/span> adopted pursuant to this article that establish minimum design criteria for measures to control localized flooding<\/span> and stream channel erosion.\n\t\t\t“Watershed<\/span>” means a defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet. In karst areas, the karst feature to which water drains may be considered the single outlet for the watershed<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 62.1-44.15:24)\n\nAs used in this article, unless the context requires a different meaning:\n\t\t“Agreement in lieu of a plan” means a contract between the VESMP\nauthority or the Board acting as a VSMP authority and the owner or permittee\nthat specifies methods that shall be implemented to comply with the requirements\nof this article for the construction of a (i) single-family detached residential\nstructure or (ii) farm building or structure on a parcel of land with a total\nimpervious cover percentage, including the impervious cover from the farm\nbuilding or structure to be constructed, of less than five percent; such\ncontract may be executed by the VESMP authority in lieu of a soil erosion\ncontrol and stormwater management plan or by the Board acting as a VSMP\nauthority in lieu of a stormwater management plan.\n\t\t“Applicant” means any person submitting a soil erosion control and\nstormwater management plan to a VESMP authority, or a stormwater management plan\nto the Board when it is serving as a VSMP authority, for approval in order to\nobtain authorization to commence a land-disturbing activity.\n\t\t“CWA” means the federal Clean Water Act (33 U.S.C. \u00a7 1251 et\nseq.), formerly referred to as the Federal Water Pollution Control Act or\nFederal Water Pollution Control Act Amendments of 1972, P.L. 92-500, as amended\nby P.L. 95-217, P.L. 95-576, P.L. 96-483, and P.L. 97-117, or any subsequent\nrevisions thereto.\n\t\t“Department” means the Department of Environmental Quality.\n\t\t“Director” means the Director of the Department of Environmental\nQuality.\n\t\t“Erosion impact area” means an area of land that is not associated\nwith a current land-disturbing activity but is subject to persistent soil\nerosion resulting in the delivery of sediment onto neighboring properties or\ninto state waters. This definition shall not apply to any lot or parcel of land\nof 10,000 square feet or less used for residential purposes or any shoreline\nwhere the erosion results from wave action or other coastal processes.\n\t\t“Farm building or structure” means the same as that term is\ndefined in \u00a7 36-97 and also includes any building or structure used for\nagritourism activity, as defined in \u00a7 3.2-6400, and any related impervious\nsurfaces including roads, driveways, and parking areas.\n\t\t“Flooding” means a volume of water that is too great to be\nconfined within the banks or walls of the stream, water body, or conveyance\nsystem and that overflows onto adjacent lands, thereby causing or threatening\ndamage.\n\t\t“Land disturbance” or “land-disturbing activity” means\na man-made change to the land surface that may result in soil erosion or has the\npotential to change its runoff characteristics, including construction activity\nsuch as the clearing, grading, excavating, or filling of land.\n\t\t“Land-disturbance approval” means the same as that term is defined\nin \u00a7 62.1-44.3.\n\t\t“Municipal separate storm sewer” or “MS4″ means the\nsame as that term is defined in \u00a7 62.1-44.3.\n\t\t“Municipal Separate Storm Sewer System Management Program” means a\nmanagement program covering the duration of a permit for a municipal separate\nstorm sewer system that includes a comprehensive planning process that involves\npublic participation and intergovernmental coordination, to reduce the discharge\nof pollutants to the maximum extent practicable, to protect water quality, and\nto satisfy the appropriate water quality requirements of the CWA and\nregulations, and this article and its attendant regulations, using management\npractices, control techniques, and system, design, and engineering methods, and\nsuch other provisions that are appropriate.\n\t\t“Natural channel design concepts” means the utilization of\nengineering analysis and fluvial geomorphic processes to create, rehabilitate,\nrestore, or stabilize an open conveyance system for the purpose of creating or\nrecreating a stream that conveys its bankfull storm event within its banks and\nallows larger flows to access its bankfull bench and its floodplain.\n\t\t“Nonpoint source pollution” means pollution such as sediment,\nnitrogen, phosphorus, hydrocarbons, heavy metals, and toxics whose sources\ncannot be pinpointed but rather are washed from the land surface in a diffuse\nmanner by stormwater.\n\t\t“Owner” means the same as that term is defined in \u00a7 62.1-44.3.\nFor a regulated land-disturbing activity that does not require a permit,\n“owner” also means the owner or owners of the freehold of the\npremises or lesser estate therein, mortgagee or vendee in possession, assignee\nof rents, receiver, executor, trustee, lessee, or other person, firm, or\ncorporation in control of a property.\n\t\t“Peak flow rate” means the maximum instantaneous flow from a\nprescribed design storm at a particular location.\n\t\t“Permit” means a Virginia Pollutant Discharge Elimination System\n(VPDES) permit issued by the Board pursuant to \u00a7 62.1-44.15 for stormwater\ndischarges from a land-disturbing activity or MS4.\n\t\t“Permittee” means the person to whom the permit is issued.\n\t\t“Runoff volume” means the volume of water that runs off the land\ndevelopment project from a prescribed storm event.\n\t\t“Rural Tidewater locality” means any locality that is (i) subject\nto the provisions of the Chesapeake Bay Preservation Act (\u00a7 62.1-44.15:67 et\nseq.) and (ii) eligible to join the Rural Coastal Virginia Community Enhancement\nAuthority established by Chapter 76 (\u00a7 15.2-7600 et seq.) of Title 15.2.\n\t\t“Small construction activity” means:\n\n1. A construction activity, including clearing, grading, or excavating, that\nresults in land disturbance of equal to or greater than one acre and less than\nfive acres. “Small construction activity” also includes the\ndisturbance of less than one acre of total land area that is part of a larger\ncommon plan of development or sale if the larger common plan will ultimately\ndisturb an area equal to or greater than one acre and less than five acres.\n“Small construction activity” does not include routine maintenance\nthat is performed to maintain the original line and grade, hydraulic capacity,\nor original purpose of the facility.\n\t\t\tThe Board may waive the otherwise applicable requirements in a general permit\nfor a stormwater discharge from construction activities that disturb less than\nfive acres where stormwater controls are not needed based on an approved total\nmaximum daily load (TMDL) that addresses the pollutants of concern or, for\nnonimpaired waters that do not require TMDLs, an equivalent analysis that\ndetermines allocations for small construction sites for the pollutants of\nconcern or that determines that such allocations are not needed to protect water\nquality based on consideration of existing in-stream concentrations, expected\ngrowth in pollutant contributions from all sources, and a margin of safety. For\nthe purpose of this subdivision, the pollutants of concern include sediment or a\nparameter that addresses sediment, such as total suspended solids, turbidity, or\nsiltation, and any other pollutant that has been identified as a cause of\nimpairment of any water body that will receive a discharge from the construction\nactivity. The operator shall certify to the Board that the construction activity\nwill take place, and that stormwater discharges will occur, within the drainage\narea addressed by the TMDL or provide an equivalent analysis.\n\t\t\tAs of the start date in the table of start dates for electronic submissions\nof Virginia Pollutant Discharge Elimination System (VPDES) information within\nthe regulation governing the implementation of electronic reporting requirements\nfor certain VPDES permittees, facilities, and entities, all certifications\nsubmitted in support of such waiver shall be submitted electronically by the\nowner or operator to the Department in compliance with (i) this subdivision;\n(ii) 40 C.F.R. Part 3, including, in all cases, 40 C.F.R. Part 3 Subpart D;\n(iii) the regulation addressing signatories to state permit applications and\nreports; and (iv) regulations addressing the VPDES electronic reporting\nrequirements. Such regulations addressing the VPDES electronic reporting\nrequirements shall not undo existing requirements for electronic reporting.\nPrior to such date, and independent of the regulations addressing the VPDES\nelectronic reporting requirements, a permittee shall be required to report\nelectronically if specified by a particular permit.\n\n2. Any other construction activity designated by either the Board or the\nRegional Administrator of the U.S. Environmental Protection Agency, based on the\npotential for contribution to a violation of a water quality standard or for\nsignificant contribution of pollutants to surface waters.\n\t\t\t“Soil erosion” means the movement of soil by wind or water into\nstate waters or onto lands in the Commonwealth.\n\t\t\t“Soil Erosion Control and Stormwater Management plan” or\n“plan” means a document describing methods for controlling soil\nerosion and managing stormwater in accordance with the requirements adopted\npursuant to this article.\n\t\t\t“Stormwater,” for the purposes of this article, means\nprecipitation that is discharged across the land surface or through conveyances\nto one or more waterways and that may include stormwater runoff, snow melt\nrunoff, and surface runoff and drainage.\n\t\t\t“Stormwater management plan” means a document containing material\ndescribing methods for complying with the requirements of a VSMP.\n\t\t\t“Subdivision” means the same as that term is defined in §\n15.2-2201.\n\t\t\t“Virginia Erosion and Sediment Control Program” or\n“VESCP” means a program approved by the Board that is established by\na VESCP authority pursuant to Article 2.4 (§ 62.1-44.15:51 et seq.) for the\neffective control of soil erosion, sediment deposition, and nonagricultural\nrunoff associated with a land-disturbing activity to prevent the unreasonable\ndegradation of properties, stream channels, waters, and other natural resources.\nThe VESCP shall include, where applicable, such items as local ordinances,\nrules, policies and guidelines, technical materials, and requirements for plan\nreview, inspection, and evaluation consistent with the requirements of Article\n2.4 (§ 62.1-44.15:51 et seq.).\n\t\t\t“Virginia Erosion and Sediment Control Program authority” or\n“VESCP authority” means a locality that is approved by the Board to\noperate a Virginia Erosion and Sediment Control Program in accordance with\nArticle 2.4 (§ 62.1-44.15:51 et seq.). Only a locality for which the\nDepartment administered a Virginia Stormwater Management Program as of July 1,\n2017, is authorized to choose to operate a VESCP pursuant to Article 2.4 (§\n62.1-44.15:51 et seq.).\n\t\t\t“Virginia Erosion and Stormwater Management Program” or\n“VESMP” means a program established by a VESMP authority for the\neffective control of soil erosion and sediment deposition and the management of\nthe quality and quantity of runoff resulting from land-disturbing activities to\nprevent the unreasonable degradation of properties, stream channels, waters, and\nother natural resources. The program shall include such items as local\nordinances, rules, requirements for permits and land-disturbance approvals,\npolicies and guidelines, technical materials, and requirements for plan review,\ninspection, and enforcement consistent with the requirements of this article.\n\t\t\t“Virginia Erosion and Stormwater Management Program authority” or\n“VESMP authority” means the Board or a locality approved by the\nBoard to operate a Virginia Erosion and Stormwater Management Program. For state\nagency or federal entity land-disturbing activities and land-disturbing\nactivities subject to approved standards and specifications, the Board shall\nserve as the VESMP authority.\n\t\t\t“Virginia Stormwater Management Program” or “VSMP”\nmeans a program established by the Board pursuant to § 62.1-44.15:27.1 on\nbehalf of a locality on or after July 1, 2014, to manage the quality and\nquantity of runoff resulting from any land-disturbing activity that (i) disturbs\none acre or more of land or (ii) disturbs less than one acre of land and is part\nof a larger common plan of development or sale that results in one acre or more\nof land disturbance.\n\t\t\t“Virginia Stormwater Management Program authority” or “VSMP\nauthority” means the Board when administering a VSMP on behalf of a\nlocality that, pursuant to subdivision B 3 of § 62.1-44.15:27, has chosen\nnot to adopt and administer a VESMP.\n\t\t\t“Water quality technical criteria” means standards set forth in\nregulations adopted pursuant to this article that establish minimum design\ncriteria for measures to control nonpoint source pollution.\n\t\t\t“Water quantity technical criteria” means standards set forth in\nregulations adopted pursuant to this article that establish minimum design\ncriteria for measures to control localized flooding and stream channel erosion.\n\t\t\t“Watershed” means a defined land area drained by a river or\nstream, karst system, or system of connecting rivers or streams such that all\nsurface water within the area flows through a single outlet. In karst areas, the\nkarst feature to which water drains may be considered the single outlet for the\nwatershed.\n\nHISTORY: 1989, cc. 467, \u00a7 10.1-603.2; 499; 1991, c. 84; 1994, cc. 605, 898;\n2004, c. 372; 2006, cc. 21, 171; 2012, cc. 785, 819; 2013, cc. 756, 793; 2014,\ncc. 303, 598; 2016, cc. 68, 758; 2018, cc. 154, 155; 2023, cc. 48, 49.","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}}