{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_31.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_31.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_31.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_31.html"}],"law_id":84021,"edition_id":1,"section_id":84021,"structure_id":13470,"section_number":"62.1-44.15:31","catch_line":"Standards and specifications for state agencies, federal entities, and other specified entities","history":"1989, cc. 467, 499, \u00a7 10.1-603.5; 2004, c. 372; 2012, cc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758; 2018, c. 627.","full_text":"A\n\nAs an alternative to submitting soil erosion control and stormwater management plans for its land-disturbing activities pursuant to § 62.1-44.15:34, the Virginia Department of Transportation shall, and any other state agency or federal entity may, submit standards and specifications for its conduct of land-disturbing activities for Department of Environmental Quality approval. Approved standards and specifications shall be consistent with this article. The Department of Environmental Quality shall have 60 days after receipt in which to act on any standards and specifications submitted or resubmitted to it for approval.B\n\nAs an alternative to submitting soil erosion control and stormwater management plans pursuant to \u00a7 62.1-44.15:34, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, and authorities created pursuant to \u00a7 15.2-5102 may submit standards and specifications for Department approval that describe how land-disturbing activities shall be conducted. Such standards and specifications may be submitted for the following types of projects:1\n\nConstruction, installation, or maintenance of electric transmission and distribution lines, oil or gas transmission and distribution pipelines, communication utility lines, and water and sewer lines; and2\n\nConstruction of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company.\n\t\t\t\tThe Department shall have 60 days after receipt in which to act on any standards and specifications submitted or resubmitted to it for approval. A linear project not included in subdivision 1 or 2, or for which the owner chooses not to submit standards and specifications, shall comply with the requirements of the VESMP or the VESCP and VSMP, as appropriate, in any locality within which the project is located.C\n\nAs an alternative to submitting soil erosion control and stormwater management plans pursuant to § 62.1-44.15:34, any person engaging in more than one jurisdiction in the creation and operation of a wetland mitigation or stream restoration bank that has been approved and is operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of (i) a wetlands mitigation or stream restoration bank, pursuant to a mitigation banking instrument signed by the Department, the Marine Resources Commission, or the U.S. Army Corps of Engineers, or (ii) a stream restoration project for purposes of reducing nutrients or sediment entering state waters may submit standards and specifications for Department approval that describe how land-disturbing activities shall be conducted. The Department shall have 60 days after receipt in which to act on standards and specifications submitted to it or resubmitted to it for approval.D\n\nAll standards and specifications submitted to the Department shall be periodically updated according to a schedule to be established by the Department and shall be consistent with the requirements of this article. Approval of standards and specifications by the Department does not relieve the owner or operator of the duty to comply with any other applicable local ordinances or regulations. Standards and specifications shall include:1\n\nTechnical criteria to meet the requirements of this article and regulations developed under this article;2\n\nProvisions for the long-term responsibility and maintenance of any stormwater management control devices and other techniques specified to manage the quantity and quality of runoff;3\n\nProvisions for administration of the standards and specifications program, project-specific plan design, plan review and plan approval, and construction inspection and compliance;4\n\nProvisions for ensuring that personnel and contractors assisting the owner in carrying out the land-disturbing activity obtain training or qualifications for soil erosion control and stormwater management as set forth in regulations adopted pursuant to this article;5\n\nProvisions for ensuring that personnel implementing approved standards and specifications pursuant to this section obtain certifications or qualifications comparable to those required for VESMP personnel pursuant to subsection C of § 62.1-44.15:30;6\n\nImplementation of a project tracking system that ensures notification to the Department of all land-disturbing activities covered under this article; and7\n\nRequirements for documenting onsite changes as they occur to ensure compliance with the requirements of this article.E\n\nThe Department shall perform random site inspections or inspections in response to a complaint to ensure compliance with this article and regulations adopted thereunder.F\n\nThe Department shall assess an administrative charge to cover the costs of services rendered associated with its responsibilities pursuant to this section, including standards and specifications review and approval, project inspections, and compliance. The Board may take enforcement actions in accordance with this article and related regulations.","order_by":null,"text":{"0":{"id":301116,"text":"As an alternative to submitting soil erosion control and stormwater management plans for its land-disturbing activities pursuant to § 62.1-44.15:34, the Virginia Department of Transportation shall, and any other state agency or federal entity may, submit standards and specifications for its conduct of land-disturbing activities for Department of Environmental Quality approval. Approved standards and specifications shall be consistent with this article. The Department of Environmental Quality shall have 60 days after receipt in which to act on any standards and specifications submitted or resubmitted to it for approval.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301117,"text":"As an alternative to submitting soil erosion control and stormwater management plans pursuant to \u00a7 62.1-44.15:34, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, and authorities created pursuant to \u00a7 15.2-5102 may submit standards and specifications for Department approval that describe how land-disturbing activities shall be conducted. Such standards and specifications may be submitted for the following types of projects:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":301118,"text":"Construction, installation, or maintenance of electric transmission and distribution lines, oil or gas transmission and distribution pipelines, communication utility lines, and water and sewer lines; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":301119,"text":"Construction of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company.\n\t\t\t\tThe Department shall have 60 days after receipt in which to act on any standards and specifications submitted or resubmitted to it for approval. A linear project not included in subdivision 1 or 2, or for which the owner chooses not to submit standards and specifications, shall comply with the requirements of the VESMP or the VESCP and VSMP, as appropriate, in any locality within which the project is located.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":301120,"text":"As an alternative to submitting soil erosion control and stormwater management plans pursuant to § 62.1-44.15:34, any person engaging in more than one jurisdiction in the creation and operation of a wetland mitigation or stream restoration bank that has been approved and is operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of (i) a wetlands mitigation or stream restoration bank, pursuant to a mitigation banking instrument signed by the Department, the Marine Resources Commission, or the U.S. Army Corps of Engineers, or (ii) a stream restoration project for purposes of reducing nutrients or sediment entering state waters may submit standards and specifications for Department approval that describe how land-disturbing activities shall be conducted. The Department shall have 60 days after receipt in which to act on standards and specifications submitted to it or resubmitted to it for approval.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":301121,"text":"All standards and specifications submitted to the Department shall be periodically updated according to a schedule to be established by the Department and shall be consistent with the requirements of this article. Approval of standards and specifications by the Department does not relieve the owner or operator of the duty to comply with any other applicable local ordinances or regulations. Standards and specifications shall include:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"6":{"id":301122,"text":"Technical criteria to meet the requirements of this article and regulations developed under this article;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"7":{"id":301123,"text":"Provisions for the long-term responsibility and maintenance of any stormwater management control devices and other techniques specified to manage the quantity and quality of runoff;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"8":{"id":301124,"text":"Provisions for administration of the standards and specifications program, project-specific plan design, plan review and plan approval, and construction inspection and compliance;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"9":{"id":301125,"text":"Provisions for ensuring that personnel and contractors assisting the owner in carrying out the land-disturbing activity obtain training or qualifications for soil erosion control and stormwater management as set forth in regulations adopted pursuant to this article;","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"10":{"id":301126,"text":"Provisions for ensuring that personnel implementing approved standards and specifications pursuant to this section obtain certifications or qualifications comparable to those required for VESMP personnel pursuant to subsection C of § 62.1-44.15:30;","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"D6"},"11":{"id":301127,"text":"Implementation of a project tracking system that ensures notification to the Department of all land-disturbing activities covered under this article; and","type":"section","prefixes":["D","6"],"prefix":"6","entire_prefix":"D6","prefix_anchor":"D6","level":2,"prior_prefix":"D5","next_prefix":"D7"},"12":{"id":301128,"text":"Requirements for documenting onsite changes as they occur to ensure compliance with the requirements of this article.","type":"section","prefixes":["D","7"],"prefix":"7","entire_prefix":"D7","prefix_anchor":"D7","level":2,"prior_prefix":"D6","next_prefix":"E"},"13":{"id":301129,"text":"The Department shall perform random site inspections or inspections in response to a complaint to ensure compliance with this article and regulations adopted thereunder.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D7","next_prefix":"F"},"14":{"id":301130,"text":"The Department shall assess an administrative charge to cover the costs of services rendered associated with its responsibilities pursuant to this section, including standards and specifications review and approval, project inspections, and compliance. The Board may take enforcement actions in accordance with this article and related regulations.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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; water quantity technical criteria; tiered approach","url":"\/62.1-44.15_27.2\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.2","metadata":false},{"id":61469,"structure_id":13470,"section_number":"62.1-44.15:27.3","catch_line":"Acceptance of signed and sealed plan in lieu of local plan review","url":"\/62.1-44.15_27.3\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.3","metadata":false},{"id":77656,"structure_id":13470,"section_number":"62.1-44.15:27.4","catch_line":"Department acceptance of plans in lieu of plan review","url":"\/62.1-44.15_27.4\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.4","metadata":false},{"id":59650,"structure_id":13470,"section_number":"62.1-44.15:28","catch_line":"Development of regulations","url":"\/62.1-44.15_28\/","token":"62.1\/3.1\/2.3\/62.1-44.15_28","metadata":false},{"id":64215,"structure_id":13470,"section_number":"62.1-44.15:28.1","catch_line":"Pollutant removal by dredging","url":"\/62.1-44.15_28.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_28.1","metadata":false},{"id":81310,"structure_id":13470,"section_number":"62.1-44.15:29","catch_line":"Virginia Stormwater Management Fund","url":"\/62.1-44.15_29\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29","metadata":false},{"id":57904,"structure_id":13470,"section_number":"62.1-44.15:29.1","catch_line":"Stormwater Local Assistance Fund","url":"\/62.1-44.15_29.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29.1","metadata":false},{"id":54435,"structure_id":13470,"section_number":"62.1-44.15:29.2","catch_line":"Stormwater Local Assistance Fund, estimate of requests","url":"\/62.1-44.15_29.2\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29.2","metadata":false},{"id":63117,"structure_id":13470,"section_number":"62.1-44.15:30","catch_line":"Training and certification","url":"\/62.1-44.15_30\/","token":"62.1\/3.1\/2.3\/62.1-44.15_30","metadata":false},{"id":84021,"structure_id":13470,"section_number":"62.1-44.15:31","catch_line":"Standards and specifications for state agencies, federal entities, and other specified entities","url":"\/62.1-44.15_31\/","token":"62.1\/3.1\/2.3\/62.1-44.15_31","metadata":false},{"id":64929,"structure_id":13470,"section_number":"62.1-44.15:32","catch_line":"Repealed","url":"\/62.1-44.15_32\/","token":"62.1\/3.1\/2.3\/62.1-44.15_32","metadata":false},{"id":76099,"structure_id":13470,"section_number":"62.1-44.15:33","catch_line":"Authorization for more stringent ordinances","url":"\/62.1-44.15_33\/","token":"62.1\/3.1\/2.3\/62.1-44.15_33","metadata":false},{"id":87045,"structure_id":13470,"section_number":"62.1-44.15:34","catch_line":"Regulated activities; submission and approval of a permit application; security for performance; exemptions","url":"\/62.1-44.15_34\/","token":"62.1\/3.1\/2.3\/62.1-44.15_34","metadata":false},{"id":67780,"structure_id":13470,"section_number":"62.1-44.15:35","catch_line":"Nutrient credit use and additional offsite options for construction activities","url":"\/62.1-44.15_35\/","token":"62.1\/3.1\/2.3\/62.1-44.15_35","metadata":false},{"id":59039,"structure_id":13470,"section_number":"62.1-44.15:36","catch_line":"Repealed","url":"\/62.1-44.15_36\/","token":"62.1\/3.1\/2.3\/62.1-44.15_36","metadata":false},{"id":75769,"structure_id":13470,"section_number":"62.1-44.15:37","catch_line":"Notices to comply and stop work orders","url":"\/62.1-44.15_37\/","token":"62.1\/3.1\/2.3\/62.1-44.15_37","metadata":false},{"id":61921,"structure_id":13470,"section_number":"62.1-44.15:37.1","catch_line":"Inspections; land-disturbing activities of natural gas pipelines; stop work instructions","url":"\/62.1-44.15_37.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_37.1","metadata":false},{"id":73042,"structure_id":13470,"section_number":"62.1-44.15:38","catch_line":"Repealed","url":"\/62.1-44.15_38\/","token":"62.1\/3.1\/2.3\/62.1-44.15_38","metadata":false},{"id":73631,"structure_id":13470,"section_number":"62.1-44.15:39","catch_line":"Right of entry","url":"\/62.1-44.15_39\/","token":"62.1\/3.1\/2.3\/62.1-44.15_39","metadata":false},{"id":81100,"structure_id":13470,"section_number":"62.1-44.15:40","catch_line":"Information to be furnished","url":"\/62.1-44.15_40\/","token":"62.1\/3.1\/2.3\/62.1-44.15_40","metadata":false},{"id":73244,"structure_id":13470,"section_number":"62.1-44.15:41","catch_line":"Liability of common interest communities","url":"\/62.1-44.15_41\/","token":"62.1\/3.1\/2.3\/62.1-44.15_41","metadata":false},{"id":67967,"structure_id":13470,"section_number":"62.1-44.15:42","catch_line":"Repealed","url":"\/62.1-44.15_42\/","token":"62.1\/3.1\/2.3\/62.1-44.15_42","metadata":false},{"id":86790,"structure_id":13470,"section_number":"62.1-44.15:46","catch_line":"Appeals","url":"\/62.1-44.15_46\/","token":"62.1\/3.1\/2.3\/62.1-44.15_46","metadata":false},{"id":63762,"structure_id":13470,"section_number":"62.1-44.15:47","catch_line":"Repealed","url":"\/62.1-44.15_47\/","token":"62.1\/3.1\/2.3\/62.1-44.15_47","metadata":false},{"id":71859,"structure_id":13470,"section_number":"62.1-44.15:48","catch_line":"Penalties, injunctions, and other legal actions","url":"\/62.1-44.15_48\/","token":"62.1\/3.1\/2.3\/62.1-44.15_48","metadata":false},{"id":82760,"structure_id":13470,"section_number":"62.1-44.15:49","catch_line":"Enforcement authority of MS4 localities","url":"\/62.1-44.15_49\/","token":"62.1\/3.1\/2.3\/62.1-44.15_49","metadata":false},{"id":73375,"structure_id":13470,"section_number":"62.1-44.15:49.1","catch_line":"MS4 industrial and high-risk programs","url":"\/62.1-44.15_49.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_49.1","metadata":false},{"id":62285,"structure_id":13470,"section_number":"62.1-44.15:50","catch_line":"Cooperation with federal and state agencies","url":"\/62.1-44.15_50\/","token":"62.1\/3.1\/2.3\/62.1-44.15_50","metadata":false}],"previous_section":{"id":63117,"structure_id":13470,"section_number":"62.1-44.15:30","catch_line":"Training and certification","url":"\/62.1-44.15_30\/","token":"62.1\/3.1\/2.3\/62.1-44.15_30","metadata":false},"next_section":{"id":64929,"structure_id":13470,"section_number":"62.1-44.15:32","catch_line":"Repealed","url":"\/62.1-44.15_32\/","token":"62.1\/3.1\/2.3\/62.1-44.15_32","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:31\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapters 467 and 499 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 5 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 2004, chapter 372<\/a>; in 2012, chapters 785<\/a> and 819<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2016, chapters 68<\/a> and 758<\/a>; in 2018, chapter 627<\/a>.<\/p>","references":[{"id":61921,"section_number":"62.1-44.15:37.1","catch_line":"Inspections; land-disturbing activities of natural gas pipelines; stop work instructions","order_by":null,"url":"\/62.1-44.15_37.1\/"},{"id":73356,"section_number":"62.1-44.15:55","catch_line":"Regulated land-disturbing activities; submission and approval of erosion and sediment control plan","order_by":null,"url":"\/62.1-44.15_55\/"}],"refers_to":[{"id":79196,"section_number":"15.2-5102","catch_line":"One or more localities may create authority","order_by":null,"url":"\/15.2-5102\/"},{"id":63117,"section_number":"62.1-44.15:30","catch_line":"Training and certification","order_by":null,"url":"\/62.1-44.15_30\/"},{"id":87045,"section_number":"62.1-44.15:34","catch_line":"Regulated activities; submission and approval of a permit application; security for performance; exemptions","order_by":null,"url":"\/62.1-44.15_34\/"}],"permalink":{"id":269547,"object_type":"law","relational_id":84021,"identifier":"62.1-44.15:31","token":"62.1\/3.1\/2.3\/62.1-44.15_31","url":"\/62.1-44.15_31\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_31\/","token":"62.1\/3.1\/2.3\/62.1-44.15_31","dublin_core":{"Title":"Standards and specifications for state agencies, federal entities, and other specified entities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:31","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As an alternative to submitting soil erosion control and stormwater management plans<\/span><\/span> for its land-disturbing activities pursuant to § 62.1-44.15:34<\/a>, the Virginia Department<\/span> of Transportation shall, and any other state agency or federal entity may, submit standards<\/span> and specifications for its conduct of land-disturbing activities for Department<\/span> of Environmental Quality approval. Approved standards<\/span> and specifications shall be consistent with this article. The Department<\/span> of Environmental Quality shall have 60 days after receipt in which to act on any standards<\/span> and specifications submitted or resubmitted to it for approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As an alternative to submitting soil erosion control and stormwater management plans<\/span><\/span> pursuant to \u00a7 62.1-44.15:34<\/a>, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, and authorities created pursuant to \u00a7 15.2-5102<\/a> may submit standards<\/span> and specifications for Department<\/span> approval that describe how land-disturbing activities shall be conducted. Such standards<\/span> and specifications may be submitted for the following types of projects: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Construction, installation, or maintenance of electric transmission and distribution lines, oil or gas transmission and distribution pipelines, communication utility lines, and water and sewer lines; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Construction of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company.\n\t\t\t\tThe Department<\/span> shall have 60 days after receipt in which to act on any standards<\/span> and specifications submitted or resubmitted to it for approval. A linear project not included in subdivision<\/span> 1 or 2, or for which the owner<\/span> chooses not to submit standards<\/span> and specifications, shall comply with the requirements of the VESMP<\/span> or the VESCP<\/span> and VSMP<\/span>, as appropriate, in any locality within which the project is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> As an alternative to submitting soil erosion control and stormwater management plans<\/span><\/span> pursuant to § 62.1-44.15:34<\/a>, any person<\/span> engaging in more than one jurisdiction<\/span> in the creation and operation of a wetland mitigation or stream restoration bank that has been approved and is operated in accordance with applicable federal and state guidance, laws<\/span>, or regulations<\/span> for the establishment<\/span>, use, and operation of (i) a wetlands<\/span> mitigation or stream restoration bank, pursuant to a mitigation banking instrument signed by the Department<\/span>, the Marine Resources Commission, or the U.S. Army Corps of Engineers, or (ii) a stream restoration project for purposes of reducing nutrients or sediment entering state waters<\/span> may submit standards<\/span> and specifications for Department<\/span> approval that describe how land-disturbing activities shall be conducted. The Department<\/span> shall have 60 days after receipt in which to act on standards<\/span> and specifications submitted to it or resubmitted to it for approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All standards<\/span> and specifications submitted to the Department<\/span> shall be periodically updated according to a schedule to be established by the Department<\/span> and shall be consistent with the requirements of this article. Approval of standards<\/span> and specifications by the Department<\/span> does not relieve the owner<\/span> or operator of the duty to comply with any other applicable local ordinances<\/span> or regulations<\/span>. Standards<\/span> and specifications shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Technical criteria to meet the requirements of this article and regulations<\/span> developed under this article; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Provisions for the long-term responsibility and maintenance of any stormwater management control devices and other techniques specified to manage the quantity and quality of runoff; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provisions for administration of the standards<\/span> and specifications program, project-specific plan<\/span> design, plan<\/span> review and plan<\/span> approval, and construction inspection and compliance; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Provisions for ensuring that personnel and contractors assisting the owner<\/span> in carrying out the land-disturbing activity<\/span> obtain training or qualifications for soil erosion control and stormwater management as set forth in regulations<\/span> adopted pursuant to this article; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Provisions for ensuring that personnel implementing approved standards<\/span> and specifications pursuant to this section obtain certifications or qualifications comparable to those required for VESMP<\/span> personnel pursuant to subsection C of § 62.1-44.15:30<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Implementation of a project tracking system that ensures notification to the Department<\/span> of all land-disturbing activities covered under this article; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Requirements for documenting onsite changes as they occur to ensure compliance with the requirements of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Department<\/span> shall perform random site inspections or inspections in response to a complaint to ensure compliance with this article and regulations<\/span> adopted thereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department<\/span> shall assess an administrative charge to cover the costs of services rendered associated with its responsibilities pursuant to this section, including standards<\/span> and specifications review and approval, project inspections, and compliance. The Board<\/span> may take enforcement actions in accordance with this article and related regulations<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTANDARDS AND SPECIFICATIONS FOR STATE AGENCIES, FEDERAL ENTITIES, AND OTHER\nSPECIFIED ENTITIES (\u00a7 62.1-44.15:31)\n\nA. As an alternative to submitting soil erosion control and stormwater\nmanagement plans for its land-disturbing activities pursuant to §\n62.1-44.15:34, the Virginia Department of Transportation shall, and any other\nstate agency or federal entity may, submit standards and specifications for its\nconduct of land-disturbing activities for Department of Environmental Quality\napproval. Approved standards and specifications shall be consistent with this\narticle. The Department of Environmental Quality shall have 60 days after\nreceipt in which to act on any standards and specifications submitted or\nresubmitted to it for approval.\n\nB. As an alternative to submitting soil erosion control and stormwater\nmanagement plans pursuant to \u00a7 62.1-44.15:34, electric, natural gas, and\ntelephone utility companies, interstate and intrastate natural gas pipeline\ncompanies, railroad companies, and authorities created pursuant to \u00a7 15.2-5102\nmay submit standards and specifications for Department approval that describe\nhow land-disturbing activities shall be conducted. Such standards and\nspecifications may be submitted for the following types of projects:\n\n 1. Construction, installation, or maintenance of electric transmission and\n distribution lines, oil or gas transmission and distribution pipelines,\n communication utility lines, and water and sewer lines; and\n\n 2. Construction of the tracks, rights-of-way, bridges, communication\n facilities, and other related structures and facilities of a railroad company.\n \t\t\t\tThe Department shall have 60 days after receipt in which to act on any\n standards and specifications submitted or resubmitted to it for approval. A\n linear project not included in subdivision 1 or 2, or for which the owner\n chooses not to submit standards and specifications, shall comply with the\n requirements of the VESMP or the VESCP and VSMP, as appropriate, in any\n locality within which the project is located.\n\nC. As an alternative to submitting soil erosion control and stormwater\nmanagement plans pursuant to § 62.1-44.15:34, any person engaging in more\nthan one jurisdiction in the creation and operation of a wetland mitigation or\nstream restoration bank that has been approved and is operated in accordance\nwith applicable federal and state guidance, laws, or regulations for the\nestablishment, use, and operation of (i) a wetlands mitigation or stream\nrestoration bank, pursuant to a mitigation banking instrument signed by the\nDepartment, the Marine Resources Commission, or the U.S. Army Corps of\nEngineers, or (ii) a stream restoration project for purposes of reducing\nnutrients or sediment entering state waters may submit standards and\nspecifications for Department approval that describe how land-disturbing\nactivities shall be conducted. The Department shall have 60 days after receipt\nin which to act on standards and specifications submitted to it or resubmitted\nto it for approval.\n\nD. All standards and specifications submitted to the Department shall be\nperiodically updated according to a schedule to be established by the Department\nand shall be consistent with the requirements of this article. Approval of\nstandards and specifications by the Department does not relieve the owner or\noperator of the duty to comply with any other applicable local ordinances or\nregulations. Standards and specifications shall include:\n\n 1. Technical criteria to meet the requirements of this article and regulations\n developed under this article;\n\n 2. Provisions for the long-term responsibility and maintenance of any\n stormwater management control devices and other techniques specified to manage\n the quantity and quality of runoff;\n\n 3. Provisions for administration of the standards and specifications program,\n project-specific plan design, plan review and plan approval, and construction\n inspection and compliance;\n\n 4. Provisions for ensuring that personnel and contractors assisting the owner\n in carrying out the land-disturbing activity obtain training or qualifications\n for soil erosion control and stormwater management as set forth in regulations\n adopted pursuant to this article;\n\n 5. Provisions for ensuring that personnel implementing approved standards and\n specifications pursuant to this section obtain certifications or\n qualifications comparable to those required for VESMP personnel pursuant to\n subsection C of § 62.1-44.15:30;\n\n 6. Implementation of a project tracking system that ensures notification to\n the Department of all land-disturbing activities covered under this article;\n and\n\n 7. Requirements for documenting onsite changes as they occur to ensure\n compliance with the requirements of this article.\n\nE. The Department shall perform random site inspections or inspections in\nresponse to a complaint to ensure compliance with this article and regulations\nadopted thereunder.\n\nF. The Department shall assess an administrative charge to cover the costs of\nservices rendered associated with its responsibilities pursuant to this section,\nincluding standards and specifications review and approval, project inspections,\nand compliance. The Board may take enforcement actions in accordance with this\narticle and related regulations.\n\nHISTORY: 1989, cc. 467, 499, \u00a7 10.1-603.5; 2004, c. 372; 2012, cc. 785, 819;\n2013, cc. 756, 793; 2016, cc. 68, 758; 2018, c. 627.","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}}