                                 CODE OF VIRGINIA

VIRGINIA PROGRAMS FOR EROSION CONTROL AND STORMWATER MANAGEMENT (§
62.1-44.15:27)

A. Any locality that operates a regulated MS4 or that administers a Virginia
Stormwater Management Program (VSMP) as of July 1, 2017, shall be required to
adopt and administer a VESMP consistent with the provisions of this article that
regulates any land-disturbing activity that (i) disturbs 10,000 square feet or
more or (ii) disturbs 2,500 square feet or more in an area of a locality
designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay
Preservation Act (&#xA7; 62.1-44.15:67 et seq.). The VESMP shall be adopted
according to a process established by the Department.

B. Any locality that does not operate a regulated MS4 and for which the
Department administers a VSMP as of July 1, 2017, shall choose one of the
following options and shall notify the Department of its choice according to a
process established by the Department:

   1. Adopt and administer a VESMP consistent with the provisions of this article
   that regulates any land-disturbing activity that (i) disturbs 10,000 square
   feet or more or (ii) disturbs 2,500 square feet or more in an area of a
   locality designated as a Chesapeake Bay Preservation Area pursuant to the
   Chesapeake Bay Preservation Act (&#xA7; 62.1-44.15:67 et seq.);

   2. Adopt and administer a VESMP consistent with the provisions of this article
   that regulates any land-disturbing activity that (i) disturbs 10,000 square
   feet or more or (ii) disturbs 2,500 square feet or more in an area of a
   locality designated as a Chesapeake Bay Preservation Area pursuant to the
   Chesapeake Bay Preservation Act (&#xA7; 62.1-44.15:67 et seq.), except that
   the Department shall provide the locality with review of the plan required by
   &#xA7; 62.1-44.15:34 and provide a recommendation to the locality on the
   plan&#8217;s compliance with the water quality and water quantity technical
   criteria; or

   3. Adopt and administer a VESCP pursuant to Article 2.4 (&#xA7; 62.1-44.15:51
   et seq.) that regulates any land-disturbing activity that (i) disturbs 10,000
   square feet or more or (ii) disturbs 2,500 square feet or more in an area of a
   locality designated as a Chesapeake Bay Preservation Area pursuant to the
   Chesapeake Bay Preservation Act (&#xA7; 62.1-44.15:67 et seq.). For such a
   land-disturbing activity in a Chesapeake Bay Preservation Area, the VESCP
   authority also shall adopt requirements set forth in this article and
   attendant regulations as required to regulate those activities in accordance
   with &#xA7;&#xA7; 62.1-44.15:28 and 62.1-44.15:34.
   				The Board shall administer a VSMP on behalf of each VESCP authority for
   any land-disturbing activity that (a) disturbs one acre or more of land or (b)
   disturbs less than one acre of land and is part of a larger common plan of
   development or sale that results in one acre or greater of land disturbance.

C. Any town that is required to or elects to adopt and administer a VESMP or
VESCP, as applicable, may choose one of the following options and shall notify
the Department of its choice according to a process established by the
Department:

   1. Any town, including a town that operates a regulated MS4, lying within a
   county may enter into an agreement with the county to become subject to the
   county&#8217;s VESMP. If a town lies within the boundaries of more than one
   county, it may enter into an agreement with any of those counties that
   operates a VESMP.

   2. Any town that chooses not to adopt and administer a VESMP pursuant to
   subdivision B 3 and that lies within a county may enter into an agreement with
   the county to become subject to the county&#8217;s VESMP or VESCP, as
   applicable. If a town lies within the boundaries of more than one county, it
   may enter into an agreement with any of those counties.

   3. Any town that is subject to the provisions of the Chesapeake Bay
   Preservation Act (&#xA7; 62.1-44.15:67 et seq.) may enter into an agreement
   with a county pursuant to subdivision C 1 or 2 only if the county administers
   a VESMP for land-disturbing activities that disturb 2,500 square feet or more.

D. Any locality that chooses not to implement a VESMP pursuant to subdivision B
3 may notify the Department at any time that it has chosen to implement a VESMP
pursuant to subdivision B 1 or 2. Any locality that chooses to implement a VESMP
pursuant to subdivision B 2 may notify the Department at any time that it has
chosen to implement a VESMP pursuant to subdivision B 1. A locality may petition
the Board at any time for approval to change from fully administering a VESMP
pursuant to subdivision B 1 to administering a VESMP in coordination with the
Department pursuant to subdivision B 2 due to a significant change in economic
conditions or other fiscal emergency in the locality. The provisions of the
Administrative Process Act (&#xA7; 2.2-4000 et seq.) shall govern any appeal of
the Board&#8217;s decision.

E. To comply with the water quantity technical criteria set forth in this
article and attendant regulations for land-disturbing activities that disturb an
area of 2,500 square feet or more but less than one acre, any rural Tidewater
locality may adopt a tiered approach to water quantity management pursuant to
&#xA7; 62.1-44.15:27.2.

F. In support of VESMP authorities, the Department shall provide technical
assistance and training and general assistance to localities in the
establishment and administration of their individual or regional programs.

G. The Department shall develop a model ordinance for establishing a VESMP
consistent with this article.

H. Each locality that operates a regulated MS4 or that chooses to administer a
VESMP shall, by ordinance, establish a VESMP that shall be administered in
conjunction with a local MS4 management program, if applicable, and which shall
include the following:

   1. Ordinances, policies, and technical materials consistent with regulations
   adopted in accordance with this article;

   2. Requirements for land-disturbance approvals;

   3. Requirements for plan review, inspection, and enforcement consistent with
   the requirements of this article, including provisions requiring periodic
   inspections of the installation of stormwater management measures. A VESMP
   authority may require monitoring and reports from the person responsible for
   meeting the permit conditions to ensure compliance with the permit and to
   determine whether the measures required in the permit provide effective
   stormwater management;

   4. Provisions charging each applicant a reasonable fee to defray the cost of
   program administration for a regulated land-disturbing activity that does not
   require permit coverage. Such fee may be in addition to any fee charged
   pursuant to the statewide fee schedule established in accordance with
   subdivision 9 of &#xA7; 62.1-44.15:28, although payment of fees may be
   consolidated in order to provide greater convenience and efficiency for those
   responsible for compliance with the program. A VESMP authority shall hold a
   public hearing prior to establishing such fees. The fee shall not exceed an
   amount commensurate with the services rendered, taking into consideration the
   time, skill, and the VESMP authority&#8217;s expense involved;

   5. Provisions for long-term responsibility for and maintenance of stormwater
   management control devices and other techniques specified to manage the
   quality and quantity of runoff; and

   6. Provisions for the coordination of the VESMP with flood insurance, flood
   plain management, and other programs requiring compliance prior to authorizing
   land disturbance in order to make the submission and approval of plans,
   issuance of land-disturbance approvals, payment of fees, and coordination of
   inspection and enforcement activities more convenient and efficient both for
   the local governments and those responsible for compliance with the programs.

I. The Board shall approve a VESMP when it deems a program consistent with this
article and associated regulations.

J. A VESMP authority may enter into agreements or contracts with the Department,
soil and water conservation districts, adjacent localities, planning district
commissions, or other public or private entities to carry out or assist with
plan review and inspections. A VESMP authority may enter into contracts with
third-party professionals who hold certifications in the appropriate subject
areas, as provided in subsection A of &#xA7; 62.1-44.15:30, to carry out any or
all of the responsibilities that this article requires of a VESMP authority,
including plan review and inspection but not including enforcement.

K. A VESMP authority shall be required to obtain evidence of permit coverage
from the Department&#8217;s online reporting system, where such coverage is
required, prior to providing land-disturbance approval.

L. The VESMP authority responsible for regulating the land-disturbing activity
shall require compliance with its applicable ordinances and the conditions of
its land-disturbance approval and plan specifications. The Board shall enforce
permits and require compliance with its applicable regulations, including when
serving as a VSMP authority in a locality that chose not to adopt a VESMP in
accordance with subdivision B 3.

M. In the case of a land-disturbing activity located on property controlled by a
regional industrial facility authority established pursuant to Chapter 64
(&#xA7; 15.2-6400 et seq.) of Title 15.2, if a participating local member of
such an authority also administers a VESMP, such locality shall be authorized to
administer the VESMP on authority property, in accordance with an agreement
entered into with all relevant localities and the existing VSMP or VESMP for the
property.

HISTORY: 1989, cc. 467, 499, § 10.1-603.3; 2004, c. 372; 2006, c. 171; 2009, c.
18; 2012, cc. 785, 819; 2013, cc. 756, 793; 2014, cc. 303, 598; 2016, cc. 68,
758; 2017, c. 349; 2018, c. 154; 2022, c. 160.