                                 CODE OF VIRGINIA

REGULATED ACTIVITIES; SUBMISSION AND APPROVAL OF A PERMIT APPLICATION; SECURITY
FOR PERFORMANCE; EXEMPTIONS (§ 62.1-44.15:34)

A. A person shall not conduct any land-disturbing activity until (i) he has
submitted to the appropriate VESMP authority an application that includes a
permit registration statement, if required, a soil erosion control and
stormwater management plan or an executed agreement in lieu of a plan, if
required, and (ii) the VESMP authority has issued its land-disturbance approval.
In addition, as a prerequisite to engaging in an approved land-disturbing
activity, the name of the individual who will be assisting the owner in carrying
out the activity and holds a Responsible Land Disturber certificate pursuant to
§ 62.1-44.15:30 shall be submitted to the VESMP authority. Any VESMP authority
may waive the Responsible Land Disturber certificate requirement for an
agreement in lieu of a plan; however, if a violation occurs during the
land-disturbing activity, then the owner shall correct the violation and provide
the name of the individual holding a Responsible Land Disturber certificate as
provided by § 62.1-14:30. Failure to provide the name of an individual holding
a Responsible Land Disturber certificate prior to engaging in land-disturbing
activities may result in revocation of the land-disturbance approval and shall
subject the owner to the penalties provided in this article.

   1. A VESMP authority that is implementing its program pursuant to subsection A
   of &#xA7; 62.1-44.15:27 or subdivision B 1 of &#xA7; 62.1-44.15:27 shall
   determine the completeness of any application within 15 days after receipt,
   and shall act on any application within 60 days after it has been determined
   by the VESMP authority to be complete. The VESMP authority shall issue either
   land-disturbance approval or denial and provide written rationale for any
   denial. Prior to issuing a land-disturbance approval, a VESMP authority shall
   be required to obtain evidence of permit coverage when such coverage is
   required. The VESMP authority also shall determine whether any resubmittal of
   a previously disapproved application is complete within 15 days after receipt
   and shall act on the resubmitted application within 45 days after receipt.

   2. A VESMP authority implementing its program in coordination with the
   Department pursuant to subdivision B 2 of &#xA7; 62.1-44.15:27 shall determine
   the completeness of any application within 15 days after receipt, and shall
   act on any application within 60 days after it has been determined by the
   VESMP authority to be complete. The VESMP authority shall forward a soil
   erosion control and stormwater management plan to the Department for review
   within five days of receipt. If the plan is incomplete, the Department shall
   return the plan to the locality immediately and the application process shall
   start over. If the plan is complete, the Department shall review it for
   compliance with the water quality and water quantity technical criteria and
   provide its recommendation to the VESMP authority. The VESMP authority shall
   either (i) issue the land-disturbance approval or (ii) issue a denial and
   provide a written rationale for the denial. In no case shall a locality have
   more than 60 days for its decision on an application after it has been
   determined to be complete. Prior to issuing a land-disturbance approval, a
   VESMP authority shall be required to obtain evidence of permit coverage when
   such coverage is required.
   				The VESMP authority also shall forward to the Department any resubmittal
   of a previously disapproved application within five days after receipt, and
   the VESMP authority shall determine whether the plan is complete within 15
   days of its receipt of the plan. The Department shall review the plan for
   compliance with the water quality and water quantity technical criteria and
   provide its recommendation to the VESMP authority, and the VESMP authority
   shall act on the resubmitted application within 45 days after receipt.

   3. When a state agency or federal entity submits a soil erosion control and
   stormwater management plan for a project, land disturbance shall not commence
   until the Board has reviewed and approved the plan and has issued permit
   coverage when it is required.
   				a. The Board shall not approve a soil erosion control and stormwater
   management plan submitted by a state agency or federal entity for a project
   involving a land-disturbing activity (i) in any locality that has not adopted
   a local program with more stringent ordinances than those of the state program
   or (ii) in multiple jurisdictions with separate local programs, unless the
   plan is consistent with the requirements of the state program.
   				b. The Board shall not approve a soil erosion control and stormwater
   management plan submitted by a state agency or federal entity for a project
   involving a land-disturbing activity in one locality with a local program with
   more stringent ordinances than those of the state program, unless the plan is
   consistent with the requirements of the local program.
   				c. If onsite changes occur, the state agency or federal entity shall
   submit an amended soil erosion control and stormwater management plan to the
   Department.
   				d. The state agency or federal entity responsible for the land-disturbing
   activity shall ensure compliance with the approved plan. As necessary, the
   Board shall provide project oversight and enforcement.

   4. Prior to issuance of any land-disturbance approval, the VESMP authority may
   also require an applicant, excluding state agencies and federal entities, to
   submit a reasonable performance bond with surety, cash escrow, letter of
   credit, any combination thereof, or such other legal arrangement acceptable to
   the VESMP authority, to ensure that measures could be taken by the VESMP
   authority at the applicant&#8217;s expense should he fail, after proper
   notice, within the time specified to comply with the conditions imposed by the
   VESMP authority as a result of his land-disturbing activity. If the VESMP
   authority takes such action upon such failure by the applicant, the VESMP
   authority may collect from the applicant the difference should the amount of
   the reasonable cost of such action exceed the amount of the security held.
   Within 60 days of the completion of the VESMP authority&#8217;s conditions,
   such bond, cash escrow, letter of credit, or other legal arrangement, or the
   unexpended or unobligated portion thereof, shall be refunded to the applicant
   or terminated.

B. The VESMP authority may require changes to an approved soil erosion control
and stormwater management plan in the following cases:

   1. Where inspection has revealed that the plan is inadequate to satisfy
   applicable regulations or ordinances; or

   2. Where the owner finds that because of changed circumstances or for other
   reasons the plan cannot be effectively carried out, and proposed amendments to
   the plan, consistent with the requirements of this article, are agreed to by
   the VESMP authority and the owner.

C. In order to prevent further erosion, a VESMP authority may require approval
of a soil erosion control and stormwater management plan for any land identified
as an erosion impact area by the VESMP authority.

D. A VESMP authority may enter into an agreement with an adjacent VESMP
authority regarding the administration of multijurisdictional projects,
specifying who shall be responsible for all or part of the administrative
procedures. Should adjacent VESMP authorities fail to reach such an agreement,
each shall be responsible for administering the area of the multijurisdictional
project that lies within its jurisdiction.

E. The following requirements shall apply to land-disturbing activities in the
Commonwealth:

   1. Any land-disturbing activity that (i) disturbs one acre or more of land or
   (ii) disturbs less than one acre of land and is part of a larger common plan
   of development or sale that results in one acre or greater of land disturbance
   may, in accordance with regulations adopted by the Board, be required to
   obtain permit coverage.

   2. For a land-disturbing activity occurring in an area not designated as a
   Chesapeake Bay Preservation Area subject to the Chesapeake Bay Preservation
   Act (&#xA7; 62.1-44.15:67 et seq.):
   				a. Soil erosion control requirements and water quantity technical criteria
   adopted pursuant to this article shall apply to any activity that disturbs
   10,000 square feet or more, although the locality may reduce this regulatory
   threshold to a smaller area of disturbed land. A plan addressing these
   requirements shall be submitted to the VESMP authority in accordance with
   subsection A. This subdivision shall also apply to additions or modifications
   to existing single-family detached residential structures.
   				b. Soil erosion control requirements and water quantity and water quality
   technical criteria shall apply to any activity that (i) disturbs one acre or
   more of land or (ii) disturbs less than one acre of land and is part of a
   larger common plan of development or sale that results in one acre or greater
   of land disturbance, although the locality may reduce this regulatory
   threshold to a smaller area of disturbed land. A plan addressing these
   requirements shall be submitted to the VESMP authority in accordance with
   subsection A.

   3. For a land-disturbing activity occurring in an area designated as a
   Chesapeake Bay Preservation Area subject to the Chesapeake Bay Preservation
   Act (&#xA7; 62.1-44.15:67 et seq.):
   				a. Soil erosion control and water quantity and water quality technical
   criteria shall apply to any land-disturbing activity that disturbs 2,500
   square feet or more of land, other than a single-family detached residential
   structure. However, the governing body of any affected locality may reduce
   this regulatory threshold to a smaller area of disturbed land. A plan
   addressing these requirements shall be submitted to the VESMP authority in
   accordance with subsection A.
   				b. For land-disturbing activities for single-family detached residential
   structures, soil erosion control and water quantity technical criteria shall
   apply to any land-disturbing activity that disturbs 2,500 square feet or more
   of land, and the locality also may require compliance with the water quality
   technical criteria. A plan addressing these requirements shall be submitted to
   the VESMP authority in accordance with subsection A.

F. Notwithstanding any other provisions of this article, the following
activities are not required to comply with the requirements of this article
unless otherwise required by federal law:

   1. Minor land-disturbing activities, including home gardens and individual
   home landscaping, repairs, and maintenance work;

   2. Installation, maintenance, or repair of any individual service connection;

   3. Installation, maintenance, or repair of any underground utility line when
   such activity occurs on an existing hard surfaced road, street, or sidewalk,
   provided the land-disturbing activity is confined to the area of the road,
   street, or sidewalk that is hard surfaced;

   4. Installation, maintenance, or repair of any septic tank line or drainage
   field unless included in an overall plan for land-disturbing activity relating
   to construction of the building to be served by the septic tank system;

   5. Permitted surface or deep mining operations and projects, or oil and gas
   operations and projects conducted pursuant to Title 45.2;

   6. Clearing of lands specifically for bona fide agricultural purposes; the
   management, tilling, planting, or harvesting of agricultural, horticultural,
   or forest crops; livestock feedlot operations; agricultural engineering
   operations, including construction of terraces, terrace outlets, check dams,
   desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing,
   contour cultivating, contour furrowing, land drainage, and land irrigation; or
   as additionally set forth by the Board in regulations. However, this exception
   shall not apply to harvesting of forest crops unless the area on which
   harvesting occurs is reforested artificially or naturally in accordance with
   the provisions of Chapter 11 (&#xA7; 10.1-1100 et seq.) or is converted to
   bona fide agricultural or improved pasture use as described in subsection B of
   &#xA7; 10.1-1163;

   7. Installation of fence and sign posts or telephone and electric poles and
   other kinds of posts or poles;

   8. Shoreline erosion control projects on tidal waters when all of the
   land-disturbing activities are within the regulatory authority of and approved
   by local wetlands boards, the Marine Resources Commission, or the United
   States Army Corps of Engineers; however, any associated land that is disturbed
   outside of this exempted area shall remain subject to this article and the
   regulations adopted pursuant thereto;

   9. Repair or rebuilding of the tracks, rights-of-way, bridges, communication
   facilities, and other related structures and facilities of a railroad company;

   10. Land-disturbing activities in response to a public emergency where the
   related work requires immediate authorization to avoid imminent endangerment
   to human health or the environment. In such situations, the VESMP authority
   shall be advised of the disturbance within seven days of commencing the
   land-disturbing activity, and compliance with the administrative requirements
   of subsection A is required within 30 days of commencing the land-disturbing
   activity; and

   11. Discharges to a sanitary sewer or a combined sewer system that are not
   from a land-disturbing activity.

G. Notwithstanding any other provision of this article, the following activities
are required to comply with the soil erosion control requirements but are not
required to comply with the water quantity and water quality technical criteria,
unless otherwise required by federal law:

   1. Activities under a state or federal reclamation program to return an
   abandoned property to an agricultural or open land use;

   2. Routine maintenance that is performed to maintain the original line and
   grade, hydraulic capacity, or original construction of the project. The paving
   of an existing road with a compacted or impervious surface and reestablishment
   of existing associated ditches and shoulders shall be deemed routine
   maintenance if performed in accordance with this subsection; and

   3. Discharges from a land-disturbing activity to a sanitary sewer or a
   combined sewer system.

HISTORY: 1989, cc. 467, 499, § 10.1-603.8; 1994, cc. 605, 898; 2004, c. 372;
2011, c. 400; 2012, cc. 785, 819; 2013, cc. 756, 793; 2014, cc. 303, 598; 2016,
cc. 68, 758; 2023, cc. 48, 49.