{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_52.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_52.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_52.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_52.html"}],"law_id":57827,"edition_id":1,"section_id":57827,"structure_id":15073,"section_number":"62.1-44.15:52","catch_line":"Virginia Erosion and Sediment Control Program","history":"1973, c. 486, \u00a7 21-89.4; 1988, cc. 732, 891, \u00a7 10.1-561; 1993, c. 925; 2004, c. 431; 2005, c. 107; 2006, c. 21; 2012, cc. 785, 819; 2013, cc. 756, 793; 2015, c. 497; 2016, cc. 66, 68, 758.","full_text":"A\n\nThe Board shall develop a program and adopt regulations in accordance with the Administrative Process Act (\u00a7 2.2-4000 et seq.) for the effective control of soil erosion, sediment deposition, and nonagricultural runoff that shall be met in any control program to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. Stream restoration and relocation projects that incorporate natural channel design concepts are not man-made channels and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels as defined in any regulations promulgated pursuant to this section or \u00a7 62.1-44.15:54 or 62.1-44.15:65. Any plan approved prior to July 1, 2014, that provides for stormwater management that addresses any flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to (i) detain the water volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one-year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5-year, two-year, and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirement for natural or man-made channels as defined in regulations promulgated pursuant to \u00a7 62.1-44.15:54 or 62.1-44.15:65. For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements of this subsection shall be satisfied by compliance with water quantity requirements in the Virginia Erosion and Stormwater Management Act (\u00a7 62.1-44.15:24 et seq.) and attendant regulations unless such land-disturbing activities (a) are in accordance with the grandfathering or time limits on applicability of approved design criteria provisions of the Virginia Erosion and Stormwater Management Program (VESMP) Regulations, in which case the flow rate capacity and velocity requirements of this subsection shall apply, or (b) are exempt pursuant to subdivision G 2 of \u00a7 62.1-44.15:34.\n\t\t\tThe regulations shall:1\n\nBe based upon relevant physical and developmental information concerning the watersheds and drainage basins of the Commonwealth, including, but not limited to, data relating to land use, soils, hydrology, geology, size of land area being disturbed, proximate water bodies and their characteristics, transportation, and public facilities and services;2\n\nInclude such survey of lands and waters as may be deemed appropriate by the Board or required by any applicable law to identify areas, including multijurisdictional and watershed areas, with critical erosion and sediment problems; and3\n\nContain conservation standards for various types of soils and land uses, which shall include criteria, techniques, and methods for the control of erosion and sediment resulting from land-disturbing activities.B\n\nThe Board shall provide technical assistance and advice to, and conduct and supervise educational programs for VESCP authorities.C\n\nThe Board shall adopt regulations establishing minimum standards of effectiveness of erosion and sediment control programs, and criteria and procedures for reviewing and evaluating the effectiveness of VESCPs. In developing minimum standards for program effectiveness, the Board shall consider information and standards on which the regulations promulgated pursuant to subsection A are based.D\n\nThe Board shall approve VESCP authorities and shall periodically conduct a comprehensive program compliance review and evaluation pursuant to subdivision (19) of § 62.1-44.15.E\n\nThe Board shall issue certifications concerning the content, application, and intent of specified subject areas of this article and accompanying regulations, including program administration, plan review, and project inspection, to personnel of program authorities and to any other persons who have completed training programs or in other ways demonstrated adequate knowledge. The Department shall administer education and training programs for specified subject areas of this article and accompanying regulations, and is authorized to charge persons attending such programs reasonable fees to cover the costs of administering the programs. Such education and training programs shall also contain expanded components to address plan review and project inspection elements of the Virginia Erosion and Stormwater Management Act (§ 62.1-44.15:24 et seq.) in accordance with § 62.1-44.15:30.F\n\nDepartment personnel conducting inspections pursuant to this article shall hold a certification as provided in subsection E.","order_by":null,"text":{"0":{"id":211747,"text":"The Board shall develop a program and adopt regulations in accordance with the Administrative Process Act (\u00a7 2.2-4000 et seq.) for the effective control of soil erosion, sediment deposition, and nonagricultural runoff that shall be met in any control program to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. Stream restoration and relocation projects that incorporate natural channel design concepts are not man-made channels and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels as defined in any regulations promulgated pursuant to this section or \u00a7 62.1-44.15:54 or 62.1-44.15:65. Any plan approved prior to July 1, 2014, that provides for stormwater management that addresses any flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to (i) detain the water volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one-year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5-year, two-year, and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirement for natural or man-made channels as defined in regulations promulgated pursuant to \u00a7 62.1-44.15:54 or 62.1-44.15:65. For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements of this subsection shall be satisfied by compliance with water quantity requirements in the Virginia Erosion and Stormwater Management Act (\u00a7 62.1-44.15:24 et seq.) and attendant regulations unless such land-disturbing activities (a) are in accordance with the grandfathering or time limits on applicability of approved design criteria provisions of the Virginia Erosion and Stormwater Management Program (VESMP) Regulations, in which case the flow rate capacity and velocity requirements of this subsection shall apply, or (b) are exempt pursuant to subdivision G 2 of \u00a7 62.1-44.15:34.\n\t\t\tThe regulations shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":211748,"text":"Be based upon relevant physical and developmental information concerning the watersheds and drainage basins of the Commonwealth, including, but not limited to, data relating to land use, soils, hydrology, geology, size of land area being disturbed, proximate water bodies and their characteristics, transportation, and public facilities and services;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":211749,"text":"Include such survey of lands and waters as may be deemed appropriate by the Board or required by any applicable law to identify areas, including multijurisdictional and watershed areas, with critical erosion and sediment problems; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":211750,"text":"Contain conservation standards for various types of soils and land uses, which shall include criteria, techniques, and methods for the control of erosion and sediment resulting from land-disturbing activities.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":211751,"text":"The Board shall provide technical assistance and advice to, and conduct and supervise educational programs for VESCP authorities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":211752,"text":"The Board shall adopt regulations establishing minimum standards of effectiveness of erosion and sediment control programs, and criteria and procedures for reviewing and evaluating the effectiveness of VESCPs. In developing minimum standards for program effectiveness, the Board shall consider information and standards on which the regulations promulgated pursuant to subsection A are based.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":211753,"text":"The Board shall approve VESCP authorities and shall periodically conduct a comprehensive program compliance review and evaluation pursuant to subdivision (19) of § 62.1-44.15.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":211754,"text":"The Board shall issue certifications concerning the content, application, and intent of specified subject areas of this article and accompanying regulations, including program administration, plan review, and project inspection, to personnel of program authorities and to any other persons who have completed training programs or in other ways demonstrated adequate knowledge. The Department shall administer education and training programs for specified subject areas of this article and accompanying regulations, and is authorized to charge persons attending such programs reasonable fees to cover the costs of administering the programs. Such education and training programs shall also contain expanded components to address plan review and project inspection elements of the Virginia Erosion and Stormwater Management Act (§ 62.1-44.15:24 et seq.) in accordance with § 62.1-44.15:30.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":211755,"text":"Department personnel conducting inspections pursuant to this article shall hold a certification as provided in subsection E.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15073,"edition_id":1,"name":"Erosion and Sediment Control Law for Localities Not Administering a Virginia Erosion and Stormwater Management Program","identifier":"2.4","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:52:00","date_modified":"2026-06-26 03:52:00","permalink":{"id":269623,"object_type":"structure","relational_id":15073,"identifier":"2.4","token":"62.1\/3.1\/2.4","url":"\/62.1\/3.1\/2.4\/","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":59976,"structure_id":15073,"section_number":"62.1-44.15:51","catch_line":"Definitions","url":"\/62.1-44.15_51\/","token":"62.1\/3.1\/2.4\/62.1-44.15_51","metadata":false},{"id":77325,"structure_id":15073,"section_number":"62.1-44.15:51.1","catch_line":"Applicability","url":"\/62.1-44.15_51.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_51.1","metadata":false},{"id":57827,"structure_id":15073,"section_number":"62.1-44.15:52","catch_line":"Virginia Erosion and Sediment Control Program","url":"\/62.1-44.15_52\/","token":"62.1\/3.1\/2.4\/62.1-44.15_52","metadata":false},{"id":58461,"structure_id":15073,"section_number":"62.1-44.15:53","catch_line":"Certification of program personnel","url":"\/62.1-44.15_53\/","token":"62.1\/3.1\/2.4\/62.1-44.15_53","metadata":false},{"id":59360,"structure_id":15073,"section_number":"62.1-44.15:54","catch_line":"Virginia Erosion and Sediment Control Program","url":"\/62.1-44.15_54\/","token":"62.1\/3.1\/2.4\/62.1-44.15_54","metadata":false},{"id":73356,"structure_id":15073,"section_number":"62.1-44.15:55","catch_line":"Regulated land-disturbing activities; submission and approval of erosion and sediment control plan","url":"\/62.1-44.15_55\/","token":"62.1\/3.1\/2.4\/62.1-44.15_55","metadata":false},{"id":71858,"structure_id":15073,"section_number":"62.1-44.15:55.1","catch_line":"Department review of erosion and sediment control plans for solar projects","url":"\/62.1-44.15_55.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_55.1","metadata":false},{"id":63528,"structure_id":15073,"section_number":"62.1-44.15:56","catch_line":"Repealed","url":"\/62.1-44.15_56\/","token":"62.1\/3.1\/2.4\/62.1-44.15_56","metadata":false},{"id":60412,"structure_id":15073,"section_number":"62.1-44.15:56.1","catch_line":"Department acceptance of plans in lieu of plan review","url":"\/62.1-44.15_56.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_56.1","metadata":false},{"id":78583,"structure_id":15073,"section_number":"62.1-44.15:57","catch_line":"Approved plan required for issuance of grading, building, or other permits; security for performance","url":"\/62.1-44.15_57\/","token":"62.1\/3.1\/2.4\/62.1-44.15_57","metadata":false},{"id":58785,"structure_id":15073,"section_number":"62.1-44.15:58","catch_line":"Monitoring, reports, and inspections","url":"\/62.1-44.15_58\/","token":"62.1\/3.1\/2.4\/62.1-44.15_58","metadata":false},{"id":68747,"structure_id":15073,"section_number":"62.1-44.15:58.1","catch_line":"Inspections; land-disturbing activities of natural gas pipelines; stop work instructions","url":"\/62.1-44.15_58.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_58.1","metadata":false},{"id":68955,"structure_id":15073,"section_number":"62.1-44.15:59","catch_line":"Reporting","url":"\/62.1-44.15_59\/","token":"62.1\/3.1\/2.4\/62.1-44.15_59","metadata":false},{"id":66328,"structure_id":15073,"section_number":"62.1-44.15:60","catch_line":"Right of entry","url":"\/62.1-44.15_60\/","token":"62.1\/3.1\/2.4\/62.1-44.15_60","metadata":false},{"id":86487,"structure_id":15073,"section_number":"62.1-44.15:61","catch_line":"Repealed","url":"\/62.1-44.15_61\/","token":"62.1\/3.1\/2.4\/62.1-44.15_61","metadata":false},{"id":63162,"structure_id":15073,"section_number":"62.1-44.15:62","catch_line":"Judicial appeals","url":"\/62.1-44.15_62\/","token":"62.1\/3.1\/2.4\/62.1-44.15_62","metadata":false},{"id":70738,"structure_id":15073,"section_number":"62.1-44.15:63","catch_line":"Penalties, injunctions and other legal actions","url":"\/62.1-44.15_63\/","token":"62.1\/3.1\/2.4\/62.1-44.15_63","metadata":false},{"id":57476,"structure_id":15073,"section_number":"62.1-44.15:64","catch_line":"Stop work orders by Board; civil penalties","url":"\/62.1-44.15_64\/","token":"62.1\/3.1\/2.4\/62.1-44.15_64","metadata":false},{"id":67572,"structure_id":15073,"section_number":"62.1-44.15:65","catch_line":"Authorization for more stringent ordinances","url":"\/62.1-44.15_65\/","token":"62.1\/3.1\/2.4\/62.1-44.15_65","metadata":false},{"id":73284,"structure_id":15073,"section_number":"62.1-44.15:66","catch_line":"No limitation on authority of Department of Energy","url":"\/62.1-44.15_66\/","token":"62.1\/3.1\/2.4\/62.1-44.15_66","metadata":false}],"previous_section":{"id":77325,"structure_id":15073,"section_number":"62.1-44.15:51.1","catch_line":"Applicability","url":"\/62.1-44.15_51.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_51.1","metadata":false},"next_section":{"id":58461,"structure_id":15073,"section_number":"62.1-44.15:53","catch_line":"Certification of program personnel","url":"\/62.1-44.15_53\/","token":"62.1\/3.1\/2.4\/62.1-44.15_53","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:52\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 486 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 1973 \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 1988, chapters 732 and 891; in 1993, chapter 925; in 2004, chapter 431<\/a>; in 2005, chapter 107<\/a>; in 2006, chapter 21<\/a>; in 2012, chapters 785<\/a> and 819<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2015, chapter 497<\/a>; in 2016, chapters 66<\/a>, 68<\/a>, and 758<\/a>.<\/p>","references":[{"id":58461,"section_number":"62.1-44.15:53","catch_line":"Certification of program personnel","order_by":null,"url":"\/62.1-44.15_53\/"},{"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\/"},{"id":58785,"section_number":"62.1-44.15:58","catch_line":"Monitoring, reports, and inspections","order_by":null,"url":"\/62.1-44.15_58\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":71282,"section_number":"62.1-44.15:24","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_24\/"},{"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\/"},{"id":59360,"section_number":"62.1-44.15:54","catch_line":"Virginia Erosion and Sediment Control Program","order_by":null,"url":"\/62.1-44.15_54\/"},{"id":67572,"section_number":"62.1-44.15:65","catch_line":"Authorization for more stringent ordinances","order_by":null,"url":"\/62.1-44.15_65\/"}],"permalink":{"id":269633,"object_type":"law","relational_id":57827,"identifier":"62.1-44.15:52","token":"62.1\/3.1\/2.4\/62.1-44.15_52","url":"\/62.1-44.15_52\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_52\/","token":"62.1\/3.1\/2.4\/62.1-44.15_52","dublin_core":{"Title":"Virginia Erosion and Sediment Control Program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:52","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall develop a program and adopt regulations<\/span> in accordance with the Administrative Process Act (\u00a7 2.2-4000<\/a> et seq.) for the effective control of soil erosion<\/span>, sediment deposition<\/span>, and nonagricultural runoff that shall be met in any control program to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. Stream restoration and relocation projects that incorporate natural channel design concepts<\/span> are not man-made channels and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels as defined in any regulations<\/span> promulgated pursuant to this section or \u00a7 62.1-44.15:54<\/a> or 62.1-44.15:65<\/a>. Any plan<\/span> approved prior to July 1, 2014, that provides for stormwater management that addresses any flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to (i) detain<\/span> the water volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project and to release it over 48 hours; (ii) detain<\/span> and release over a 24-hour period the expected rainfall resulting from the one-year, 24-hour storm; and (iii) reduce the allowable peak flow rate<\/span> resulting from the 1.5-year, two-year, and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate<\/span> from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate<\/span> by a reduction factor that is equal to the runoff volume<\/span> from the site when it was in a good forested condition divided by the runoff volume<\/span> from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirement for natural or man-made channels as defined in regulations<\/span> promulgated pursuant to \u00a7 62.1-44.15:54<\/a> or 62.1-44.15:65<\/a>. For plans<\/span> approved on and after July 1, 2014, the flow rate capacity and velocity requirements of this subsection shall be satisfied by compliance with water quantity requirements in the Virginia Erosion and Stormwater Management Act (\u00a7 62.1-44.15:24<\/a> et seq.) and attendant regulations<\/span> unless such land-disturbing activities (a) are in accordance with the grandfathering or time limits on applicability of approved design criteria provisions of the Virginia Erosion and Stormwater Management Program (VESMP) Regulations<\/span>, in which case the flow rate capacity and velocity requirements of this subsection shall apply, or (b) are exempt pursuant to subdivision G 2 of \u00a7 62.1-44.15:34<\/a>.\n\t\t\tThe regulations<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Be based upon relevant physical and developmental information concerning the watersheds and drainage basins of the Commonwealth, including, but not limited to, data relating to land use, soils, hydrology, geology, size of land area being disturbed, proximate water bodies and their characteristics, transportation, and public facilities and services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Include such survey of lands and waters as may be deemed appropriate by the Board<\/span> or required by any applicable law<\/span> to identify areas, including multijurisdictional and watershed areas, with critical erosion and sediment problems; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Contain conservation standards<\/span> for various types of soils and land uses, which shall include criteria, techniques, and methods for the control of erosion and sediment resulting from land-disturbing activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> shall provide technical assistance and advice to, and conduct and supervise educational programs for VESCP<\/span> authorities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> shall adopt regulations<\/span> establishing minimum standards<\/span> of effectiveness of erosion and sediment control programs, and criteria and procedures for reviewing and evaluating the effectiveness of VESCPs<\/span>. In developing minimum standards<\/span> for program effectiveness, the Board<\/span> shall consider information and standards<\/span> on which the regulations<\/span> promulgated pursuant to subsection A are based. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> shall approve VESCP<\/span> authorities and shall periodically conduct a comprehensive program compliance review and evaluation pursuant to subdivision (19) of § 62.1-44.15<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> shall issue<\/span> certifications concerning the content, application, and intent<\/span> of specified subject areas of this article and accompanying regulations<\/span>, including program administration, plan<\/span> review, and project inspection, to personnel of program authorities and to any other persons<\/span> who have completed training programs or in other ways demonstrated adequate knowledge. The Department<\/span> shall administer education and training programs for specified subject areas of this article and accompanying regulations<\/span>, and is authorized to charge persons<\/span> attending such programs reasonable fees to cover the costs of administering the programs. Such education and training programs shall also contain expanded components to address plan<\/span> review and project inspection elements of the Virginia Erosion and Stormwater Management Act (§ 62.1-44.15:24<\/a> et seq.) in accordance with § 62.1-44.15:30<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Department<\/span> personnel conducting inspections pursuant to this article shall hold a certification as provided in subsection E. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM (\u00a7 62.1-44.15:52)\n\nA. The Board shall develop a program and adopt regulations in accordance with\nthe Administrative Process Act (\u00a7 2.2-4000 et seq.) for the effective control\nof soil erosion, sediment deposition, and nonagricultural runoff that shall be\nmet in any control program to prevent the unreasonable degradation of\nproperties, stream channels, waters, and other natural resources. Stream\nrestoration and relocation projects that incorporate natural channel design\nconcepts are not man-made channels and shall be exempt from any flow rate\ncapacity and velocity requirements for natural or man-made channels as defined\nin any regulations promulgated pursuant to this section or \u00a7 62.1-44.15:54 or\n62.1-44.15:65. Any plan approved prior to July 1, 2014, that provides for\nstormwater management that addresses any flow rate capacity and velocity\nrequirements for natural or man-made channels shall satisfy the flow rate\ncapacity and velocity requirements for natural or man-made channels if the\npractices are designed to (i) detain the water volume equal to the first\none-half inch of runoff multiplied by the impervious surface of the land\ndevelopment project and to release it over 48 hours; (ii) detain and release\nover a 24-hour period the expected rainfall resulting from the one-year, 24-hour\nstorm; and (iii) reduce the allowable peak flow rate resulting from the\n1.5-year, two-year, and 10-year, 24-hour storms to a level that is less than or\nequal to the peak flow rate from the site assuming it was in a good forested\ncondition, achieved through multiplication of the forested peak flow rate by a\nreduction factor that is equal to the runoff volume from the site when it was in\na good forested condition divided by the runoff volume from the site in its\nproposed condition, and shall be exempt from any flow rate capacity and velocity\nrequirement for natural or man-made channels as defined in regulations\npromulgated pursuant to \u00a7 62.1-44.15:54 or 62.1-44.15:65. For plans approved on\nand after July 1, 2014, the flow rate capacity and velocity requirements of this\nsubsection shall be satisfied by compliance with water quantity requirements in\nthe Virginia Erosion and Stormwater Management Act (\u00a7 62.1-44.15:24 et seq.)\nand attendant regulations unless such land-disturbing activities (a) are in\naccordance with the grandfathering or time limits on applicability of approved\ndesign criteria provisions of the Virginia Erosion and Stormwater Management\nProgram (VESMP) Regulations, in which case the flow rate capacity and velocity\nrequirements of this subsection shall apply, or (b) are exempt pursuant to\nsubdivision G 2 of \u00a7 62.1-44.15:34.\n\t\t\tThe regulations shall:\n\n 1. Be based upon relevant physical and developmental information concerning\n the watersheds and drainage basins of the Commonwealth, including, but not\n limited to, data relating to land use, soils, hydrology, geology, size of land\n area being disturbed, proximate water bodies and their characteristics,\n transportation, and public facilities and services;\n\n 2. Include such survey of lands and waters as may be deemed appropriate by the\n Board or required by any applicable law to identify areas, including\n multijurisdictional and watershed areas, with critical erosion and sediment\n problems; and\n\n 3. Contain conservation standards for various types of soils and land uses,\n which shall include criteria, techniques, and methods for the control of\n erosion and sediment resulting from land-disturbing activities.\n\nB. The Board shall provide technical assistance and advice to, and conduct and\nsupervise educational programs for VESCP authorities.\n\nC. The Board shall adopt regulations establishing minimum standards of\neffectiveness of erosion and sediment control programs, and criteria and\nprocedures for reviewing and evaluating the effectiveness of VESCPs. In\ndeveloping minimum standards for program effectiveness, the Board shall consider\ninformation and standards on which the regulations promulgated pursuant to\nsubsection A are based.\n\nD. The Board shall approve VESCP authorities and shall periodically conduct a\ncomprehensive program compliance review and evaluation pursuant to subdivision\n(19) of § 62.1-44.15.\n\nE. The Board shall issue certifications concerning the content, application, and\nintent of specified subject areas of this article and accompanying regulations,\nincluding program administration, plan review, and project inspection, to\npersonnel of program authorities and to any other persons who have completed\ntraining programs or in other ways demonstrated adequate knowledge. The\nDepartment shall administer education and training programs for specified\nsubject areas of this article and accompanying regulations, and is authorized to\ncharge persons attending such programs reasonable fees to cover the costs of\nadministering the programs. Such education and training programs shall also\ncontain expanded components to address plan review and project inspection\nelements of the Virginia Erosion and Stormwater Management Act (§\n62.1-44.15:24 et seq.) in accordance with § 62.1-44.15:30.\n\nF. Department personnel conducting inspections pursuant to this article shall\nhold a certification as provided in subsection E.\n\nHISTORY: 1973, c. 486, \u00a7 21-89.4; 1988, cc. 732, 891, \u00a7 10.1-561; 1993, c.\n925; 2004, c. 431; 2005, c. 107; 2006, c. 21; 2012, cc. 785, 819; 2013, cc. 756,\n793; 2015, c. 497; 2016, cc. 66, 68, 758.","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}}