                                 CODE OF VIRGINIA

VIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM (§ 62.1-44.15:52)

A. The Board shall develop a program and adopt regulations in accordance with
the Administrative Process Act (§ 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 § 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 § 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 (§ 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 § 62.1-44.15:34.
			The regulations shall:

   1. 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;

   2. 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

   3. 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.

B. The Board shall provide technical assistance and advice to, and conduct and
supervise educational programs for VESCP authorities.

C. 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.

D. The Board shall approve VESCP authorities and shall periodically conduct a
comprehensive program compliance review and evaluation pursuant to subdivision
(19) of &#xA7; 62.1-44.15.

E. 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 (&#xA7;
62.1-44.15:24 et seq.) in accordance with &#xA7; 62.1-44.15:30.

F. Department personnel conducting inspections pursuant to this article shall
hold a certification as provided in subsection E.

HISTORY: 1973, c. 486, § 21-89.4; 1988, cc. 732, 891, § 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.