{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_33.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_33.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_33.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_33.html"}],"law_id":76099,"edition_id":1,"section_id":76099,"structure_id":13470,"section_number":"62.1-44.15:33","catch_line":"Authorization for more stringent ordinances","history":"1989, cc. 467, 499, \u00a7 10.1-603.7; 1991, c. 84; 2004, c. 372; 2011, cc. 341, 353; 2012, cc. 785, 819; 2013, cc. 591, 756, 793; 2014, cc. 303, 598; 2016, cc. 68, 758; 2023, cc. 506, 507; 2024, cc. 225, 242.","full_text":"A\n\nLocalities that are serving as VESMP authorities are authorized to adopt more stringent soil erosion control or stormwater management ordinances than those necessary to ensure compliance with the Board’s minimum regulations, provided that the more stringent ordinances are based upon factual findings of local or regional comprehensive watershed management studies or findings developed through the implementation of an MS4 permit or a locally adopted watershed management study and are determined by the locality to be necessary to prevent any further degradation to water resources, to address total maximum daily load requirements, to protect exceptional state waters, or to address specific existing water pollution including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting more stringent ordinances a public hearing is held. Notice of such hearing shall be given by publication twice in a newspaper of general circulation in the locality seeking to adopt the ordinance, with the first publication appearing no more than 28 days before and the second publication appearing no less than seven days before the hearing. This process shall not be required when a VESMP authority chooses to reduce the threshold for regulating land-disturbing activities to a smaller area of disturbed land pursuant to § 62.1-44.15:34. However, this section shall not be construed to authorize a VESMP authority to impose a more stringent timeframe for land-disturbance review and approval than those provided in this article.B\n\nLocalities that are serving as VESMP authorities shall submit a letter report to the Department when more stringent stormwater management ordinances or more stringent requirements authorized by such stormwater management ordinances, such as may be set forth in design manuals, policies, or guidance documents developed by the localities, are determined to be necessary pursuant to this section within 30 days after adoption thereof. Any such letter report shall include a summary explanation as to why the more stringent ordinance or requirement has been determined to be necessary pursuant to this section. Upon the request of an affected landowner or his agent submitted to the Department with a copy to be sent to the locality, within 90 days after adoption of any such ordinance or derivative requirement, localities shall submit the ordinance or requirement and all other supporting materials to the Department for a determination of whether the requirements of this section have been met and whether any determination made by the locality pursuant to this section is supported by the evidence. The Department shall issue a written determination setting forth its rationale within 90 days of submission. Such a determination, or a failure by the Department to make such a determination within the 90-day period, may be appealed to the Board.C\n\nLocalities shall not prohibit or otherwise limit the use of any best management practice (BMP) approved for use by the Director or the Board except as follows:1\n\nWhen the Director or the Board approves the use of any BMP in accordance with its stated conditions, the locality serving as a VESMP authority shall have authority to preclude the onsite use of the approved BMP, or to require more stringent conditions upon its use, for a specific land-disturbing project based on a review of the stormwater management plan and project site conditions. Such limitations shall be based on site-specific concerns. Any project or site-specific determination purportedly authorized pursuant to this subsection may be appealed to the Department and the Department shall issue a written determination regarding compliance with this section to the requesting party within 90 days of submission. Any such determination, or a failure by the Department to make any such determination within the 90-day period, may be appealed to the Board.2\n\nWhen a locality is seeking to uniformly preclude jurisdiction-wide or otherwise limit geographically the use of a BMP approved by the Director or Board, or to apply more stringent conditions to the use of a BMP approved by the Director or Board, upon the request of an affected landowner or his agent submitted to the Department, with a copy submitted to the locality, within 90 days after adoption, such authorizing ordinances, design manuals, policies, or guidance documents developed by the locality that set forth the BMP use policy shall be provided to the Department in such manner as may be prescribed by the Department that includes a written justification and explanation as to why such more stringent limitation or conditions are determined to be necessary. The Department shall review all supporting materials provided by the locality to determine whether the requirements of this section have been met and that any determination made by the locality pursuant to this section is reasonable under the circumstances. The Department shall issue its determination to the locality in writing within 90 days of submission. Such a determination, or a failure by the Department to make such a determination within the 90-day period, may be appealed to the Board.D\n\nBased on a determination made in accordance with subsection B or C, any ordinance or other requirement enacted or established by a locality that is found to not comply with this section shall be null and void, replaced with state minimum standards, and remanded to the locality for revision to ensure compliance with this section. Any such ordinance or other requirement that has been proposed but neither enacted nor established shall be remanded to the locality for revision to ensure compliance with this section.E\n\nAny provisions of a local erosion and sediment control or stormwater management program in existence before January 1, 2016, that contains more stringent provisions than this article shall be exempt from the requirements of this section if the locality chooses to retain such provisions when it becomes a VESMP authority. However, such provisions shall be reported to the Board at the time of submission of the locality’s VESMP approval package.","order_by":null,"text":{"0":{"id":273146,"text":"Localities that are serving as VESMP authorities are authorized to adopt more stringent soil erosion control or stormwater management ordinances than those necessary to ensure compliance with the Board’s minimum regulations, provided that the more stringent ordinances are based upon factual findings of local or regional comprehensive watershed management studies or findings developed through the implementation of an MS4 permit or a locally adopted watershed management study and are determined by the locality to be necessary to prevent any further degradation to water resources, to address total maximum daily load requirements, to protect exceptional state waters, or to address specific existing water pollution including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting more stringent ordinances a public hearing is held. Notice of such hearing shall be given by publication twice in a newspaper of general circulation in the locality seeking to adopt the ordinance, with the first publication appearing no more than 28 days before and the second publication appearing no less than seven days before the hearing. This process shall not be required when a VESMP authority chooses to reduce the threshold for regulating land-disturbing activities to a smaller area of disturbed land pursuant to § 62.1-44.15:34. However, this section shall not be construed to authorize a VESMP authority to impose a more stringent timeframe for land-disturbance review and approval than those provided in this article.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273147,"text":"Localities that are serving as VESMP authorities shall submit a letter report to the Department when more stringent stormwater management ordinances or more stringent requirements authorized by such stormwater management ordinances, such as may be set forth in design manuals, policies, or guidance documents developed by the localities, are determined to be necessary pursuant to this section within 30 days after adoption thereof. Any such letter report shall include a summary explanation as to why the more stringent ordinance or requirement has been determined to be necessary pursuant to this section. Upon the request of an affected landowner or his agent submitted to the Department with a copy to be sent to the locality, within 90 days after adoption of any such ordinance or derivative requirement, localities shall submit the ordinance or requirement and all other supporting materials to the Department for a determination of whether the requirements of this section have been met and whether any determination made by the locality pursuant to this section is supported by the evidence. The Department shall issue a written determination setting forth its rationale within 90 days of submission. Such a determination, or a failure by the Department to make such a determination within the 90-day period, may be appealed to the Board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":273148,"text":"Localities shall not prohibit or otherwise limit the use of any best management practice (BMP) approved for use by the Director or the Board except as follows:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":273149,"text":"When the Director or the Board approves the use of any BMP in accordance with its stated conditions, the locality serving as a VESMP authority shall have authority to preclude the onsite use of the approved BMP, or to require more stringent conditions upon its use, for a specific land-disturbing project based on a review of the stormwater management plan and project site conditions. Such limitations shall be based on site-specific concerns. Any project or site-specific determination purportedly authorized pursuant to this subsection may be appealed to the Department and the Department shall issue a written determination regarding compliance with this section to the requesting party within 90 days of submission. Any such determination, or a failure by the Department to make any such determination within the 90-day period, may be appealed to the Board.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":273150,"text":"When a locality is seeking to uniformly preclude jurisdiction-wide or otherwise limit geographically the use of a BMP approved by the Director or Board, or to apply more stringent conditions to the use of a BMP approved by the Director or Board, upon the request of an affected landowner or his agent submitted to the Department, with a copy submitted to the locality, within 90 days after adoption, such authorizing ordinances, design manuals, policies, or guidance documents developed by the locality that set forth the BMP use policy shall be provided to the Department in such manner as may be prescribed by the Department that includes a written justification and explanation as to why such more stringent limitation or conditions are determined to be necessary. The Department shall review all supporting materials provided by the locality to determine whether the requirements of this section have been met and that any determination made by the locality pursuant to this section is reasonable under the circumstances. The Department shall issue its determination to the locality in writing within 90 days of submission. Such a determination, or a failure by the Department to make such a determination within the 90-day period, may be appealed to the Board.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":273151,"text":"Based on a determination made in accordance with subsection B or C, any ordinance or other requirement enacted or established by a locality that is found to not comply with this section shall be null and void, replaced with state minimum standards, and remanded to the locality for revision to ensure compliance with this section. Any such ordinance or other requirement that has been proposed but neither enacted nor established shall be remanded to the locality for revision to ensure compliance with this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":273152,"text":"Any provisions of a local erosion and sediment control or stormwater management program in existence before January 1, 2016, that contains more stringent provisions than this article shall be exempt from the requirements of this section if the locality chooses to retain such provisions when it becomes a VESMP authority. However, such provisions shall be reported to the Board at the time of submission of the locality’s VESMP approval package.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:33\/","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 9 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 2004, chapter 372<\/a>; in 2011, chapters 341<\/a> and 353<\/a>; in 2012, chapters 785<\/a> and 819<\/a>; in 2013, chapters 591<\/a>, 756<\/a>, and 793<\/a>; in 2014, chapters 303<\/a> and 598<\/a>; in 2016, chapters 68<\/a> and 758<\/a>; in 2023, chapters 506<\/a> and 507<\/a>; in 2024, chapters 225<\/a> and 242<\/a>.<\/p>","references":[{"id":59650,"section_number":"62.1-44.15:28","catch_line":"Development of regulations","order_by":null,"url":"\/62.1-44.15_28\/"},{"id":67780,"section_number":"62.1-44.15:35","catch_line":"Nutrient credit use and additional offsite options for construction activities","order_by":null,"url":"\/62.1-44.15_35\/"}],"refers_to":[{"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":269555,"object_type":"law","relational_id":76099,"identifier":"62.1-44.15:33","token":"62.1\/3.1\/2.3\/62.1-44.15_33","url":"\/62.1-44.15_33\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_33\/","token":"62.1\/3.1\/2.3\/62.1-44.15_33","dublin_core":{"Title":"Authorization for more stringent ordinances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:33","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Localities that are serving as VESMP authorities are authorized to adopt more stringent soil erosion<\/span> control or stormwater management ordinances<\/span> than those necessary to ensure compliance with the Board<\/span>’s minimum regulations<\/span>, provided that the more stringent ordinances<\/span> are based upon factual findings<\/span> of local or regional comprehensive watershed<\/span> management studies or findings<\/span> developed through the implementation of an MS4 permit<\/span> or a locally adopted watershed<\/span> management study and are determined by the locality to be necessary to prevent any further degradation to water resources, to address total maximum daily load requirements, to protect exceptional state waters<\/span>, or to address specific existing water pollution<\/span> including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding<\/span> within the watershed<\/span> and that prior to adopting more stringent ordinances<\/span> a public hearing<\/span> is held. Notice of such hearing<\/span> shall be given by publication twice in a newspaper of general circulation in the locality seeking to adopt the ordinance<\/span>, with the first publication appearing no more than 28 days before and the second publication appearing no less than seven days before the hearing<\/span>. This process shall not be required when a VESMP authority<\/span> chooses to reduce the threshold for regulating land-disturbing activities to a smaller area of disturbed land pursuant to § 62.1-44.15:34<\/a>. However, this section shall not be construed to authorize a VESMP authority<\/span> to impose a more stringent timeframe for land-disturbance review and approval than those provided in this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Localities that are serving as VESMP authorities shall submit a letter report to the Department<\/span> when more stringent stormwater management ordinances<\/span> or more stringent requirements authorized by such stormwater management ordinances<\/span>, such as may be set forth in design manuals, policies<\/span>, or guidance documents developed by the localities, are determined to be necessary pursuant to this section within 30 days after adoption thereof. Any such letter report shall include a summary explanation as to why the more stringent ordinance<\/span> or requirement has been determined to be necessary pursuant to this section. Upon the request of an affected landowner or his agent submitted to the Department<\/span> with a copy to be sent to the locality, within 90 days after adoption of any such ordinance<\/span> or derivative requirement, localities shall submit the ordinance<\/span> or requirement and all other supporting materials<\/span> to the Department<\/span> for a determination of whether the requirements of this section have been met and whether any determination made by the locality pursuant to this section is supported by the evidence<\/span>. The Department<\/span> shall issue<\/span> a written determination setting forth its rationale within 90 days of submission. Such a determination, or a failure by the Department<\/span> to make such a determination within the 90-day period, may be appealed to the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Localities shall not prohibit or otherwise limit the use of any best management practice (BMP) approved for use by the Director<\/span> or the Board<\/span> except as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> When the Director<\/span> or the Board<\/span> approves the use of any BMP in accordance with its stated conditions, the locality serving as a VESMP authority<\/span> shall have authority to preclude the onsite use of the approved BMP, or to require more stringent conditions upon its use, for a specific land-disturbing project based on a review of the stormwater management plan<\/span> and project site conditions. Such limitations shall be based on site-specific concerns. Any project or site-specific determination purportedly authorized pursuant to this subsection may be appealed to the Department<\/span> and the Department<\/span> shall issue<\/span> a written determination regarding compliance with this section to the requesting party<\/span> within 90 days of submission. Any such determination, or a failure by the Department<\/span> to make any such determination within the 90-day period, may be appealed to the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When a locality is seeking to uniformly preclude jurisdiction<\/span>-wide or otherwise limit geographically the use of a BMP approved by the Director<\/span> or Board<\/span>, or to apply more stringent conditions to the use of a BMP approved by the Director<\/span> or Board<\/span>, upon the request of an affected landowner or his agent submitted to the Department<\/span>, with a copy submitted to the locality, within 90 days after adoption, such authorizing ordinances<\/span>, design manuals, policies<\/span>, or guidance documents developed by the locality that set forth the BMP use policy shall be provided to the Department<\/span> in such manner as may be prescribed by the Department<\/span> that includes a written justification and explanation as to why such more stringent limitation or conditions are determined to be necessary. The Department<\/span> shall review all supporting materials<\/span> provided by the locality to determine whether the requirements of this section have been met and that any determination made by the locality pursuant to this section is reasonable under the circumstances. The Department<\/span> shall issue<\/span> its determination to the locality in writing within 90 days of submission. Such a determination, or a failure by the Department<\/span> to make such a determination within the 90-day period, may be appealed to the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Based on a determination made in accordance with subsection B or C, any ordinance<\/span> or other requirement enacted or established by a locality that is found to not comply with this section shall be null and void, replaced with state minimum standards<\/span>, and remanded to the locality for revision to ensure compliance with this section. Any such ordinance<\/span> or other requirement that has been proposed but neither enacted nor established shall be remanded to the locality for revision to ensure compliance with this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any provisions of a local erosion and sediment control or stormwater management program in existence before January 1, 2016, that contains more stringent provisions than this article shall be exempt from the requirements of this section if the locality chooses to retain such provisions when it becomes a VESMP authority<\/span>. However, such provisions shall be reported to the Board<\/span> at the time of submission of the locality’s VESMP approval package. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORIZATION FOR MORE STRINGENT ORDINANCES (\u00a7 62.1-44.15:33)\n\nA. Localities that are serving as VESMP authorities are authorized to adopt more\nstringent soil erosion control or stormwater management ordinances than those\nnecessary to ensure compliance with the Board’s minimum regulations,\nprovided that the more stringent ordinances are based upon factual findings of\nlocal or regional comprehensive watershed management studies or findings\ndeveloped through the implementation of an MS4 permit or a locally adopted\nwatershed management study and are determined by the locality to be necessary to\nprevent any further degradation to water resources, to address total maximum\ndaily load requirements, to protect exceptional state waters, or to address\nspecific existing water pollution including nutrient and sediment loadings,\nstream channel erosion, depleted groundwater resources, or excessive localized\nflooding within the watershed and that prior to adopting more stringent\nordinances a public hearing is held. Notice of such hearing shall be given by\npublication twice in a newspaper of general circulation in the locality seeking\nto adopt the ordinance, with the first publication appearing no more than 28\ndays before and the second publication appearing no less than seven days before\nthe hearing. This process shall not be required when a VESMP authority chooses\nto reduce the threshold for regulating land-disturbing activities to a smaller\narea of disturbed land pursuant to § 62.1-44.15:34. However, this section\nshall not be construed to authorize a VESMP authority to impose a more stringent\ntimeframe for land-disturbance review and approval than those provided in this\narticle.\n\nB. Localities that are serving as VESMP authorities shall submit a letter report\nto the Department when more stringent stormwater management ordinances or more\nstringent requirements authorized by such stormwater management ordinances, such\nas may be set forth in design manuals, policies, or guidance documents developed\nby the localities, are determined to be necessary pursuant to this section\nwithin 30 days after adoption thereof. Any such letter report shall include a\nsummary explanation as to why the more stringent ordinance or requirement has\nbeen determined to be necessary pursuant to this section. Upon the request of an\naffected landowner or his agent submitted to the Department with a copy to be\nsent to the locality, within 90 days after adoption of any such ordinance or\nderivative requirement, localities shall submit the ordinance or requirement and\nall other supporting materials to the Department for a determination of whether\nthe requirements of this section have been met and whether any determination\nmade by the locality pursuant to this section is supported by the evidence. The\nDepartment shall issue a written determination setting forth its rationale\nwithin 90 days of submission. Such a determination, or a failure by the\nDepartment to make such a determination within the 90-day period, may be\nappealed to the Board.\n\nC. Localities shall not prohibit or otherwise limit the use of any best\nmanagement practice (BMP) approved for use by the Director or the Board except\nas follows:\n\n 1. When the Director or the Board approves the use of any BMP in accordance\n with its stated conditions, the locality serving as a VESMP authority shall\n have authority to preclude the onsite use of the approved BMP, or to require\n more stringent conditions upon its use, for a specific land-disturbing project\n based on a review of the stormwater management plan and project site\n conditions. Such limitations shall be based on site-specific concerns. Any\n project or site-specific determination purportedly authorized pursuant to this\n subsection may be appealed to the Department and the Department shall issue a\n written determination regarding compliance with this section to the requesting\n party within 90 days of submission. Any such determination, or a failure by\n the Department to make any such determination within the 90-day period, may be\n appealed to the Board.\n\n 2. When a locality is seeking to uniformly preclude jurisdiction-wide or\n otherwise limit geographically the use of a BMP approved by the Director or\n Board, or to apply more stringent conditions to the use of a BMP approved by\n the Director or Board, upon the request of an affected landowner or his agent\n submitted to the Department, with a copy submitted to the locality, within 90\n days after adoption, such authorizing ordinances, design manuals, policies, or\n guidance documents developed by the locality that set forth the BMP use policy\n shall be provided to the Department in such manner as may be prescribed by the\n Department that includes a written justification and explanation as to why\n such more stringent limitation or conditions are determined to be necessary.\n The Department shall review all supporting materials provided by the locality\n to determine whether the requirements of this section have been met and that\n any determination made by the locality pursuant to this section is reasonable\n under the circumstances. The Department shall issue its determination to the\n locality in writing within 90 days of submission. Such a determination, or a\n failure by the Department to make such a determination within the 90-day\n period, may be appealed to the Board.\n\nD. Based on a determination made in accordance with subsection B or C, any\nordinance or other requirement enacted or established by a locality that is\nfound to not comply with this section shall be null and void, replaced with\nstate minimum standards, and remanded to the locality for revision to ensure\ncompliance with this section. Any such ordinance or other requirement that has\nbeen proposed but neither enacted nor established shall be remanded to the\nlocality for revision to ensure compliance with this section.\n\nE. Any provisions of a local erosion and sediment control or stormwater\nmanagement program in existence before January 1, 2016, that contains more\nstringent provisions than this article shall be exempt from the requirements of\nthis section if the locality chooses to retain such provisions when it becomes a\nVESMP authority. However, such provisions shall be reported to the Board at the\ntime of submission of the locality’s VESMP approval package.\n\nHISTORY: 1989, cc. 467, 499, \u00a7 10.1-603.7; 1991, c. 84; 2004, c. 372; 2011, cc.\n341, 353; 2012, cc. 785, 819; 2013, cc. 591, 756, 793; 2014, cc. 303, 598; 2016,\ncc. 68, 758; 2023, cc. 506, 507; 2024, cc. 225, 242.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}