A. The Board shall administer a Virginia Stormwater Management Program (VSMP) on behalf of any locality that notifies the Department pursuant to subsection B of § 62.1-44.15:27 that it has chosen to not administer a VESMP as provided by subdivision B 3 of § 62.1-44.15:27. In such a locality:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Virginia Code 62.1-44.15:27.1

  • Board: means the State Water Control Board. See Virginia Code 62.1-44.3
  • Department: means the Department of Environmental Quality. See Virginia Code 62.1-44.15:24
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • Land-disturbance approval: means the same as that term is defined in § Virginia Code 62.1-44.15:24
  • land-disturbing activity: means a man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including construction activity such as the clearing, grading, excavating, or filling of land. See Virginia Code 62.1-44.15:24
  • Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
  • Permit: means a Virginia Pollutant Discharge Elimination System (VPDES) permit issued by the Board pursuant to § Virginia Code 62.1-44.15:24
  • Person: means an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 62.1-44.3
  • plan: means a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to this article. See Virginia Code 62.1-44.15:24
  • Stormwater management plan: means a document containing material describing methods for complying with the requirements of a VSMP. See Virginia Code 62.1-44.15:24
  • Subdivision: means the same as that term is defined in § Virginia Code 62.1-44.15:24
  • VESCP: means a program approved by the Board that is established by a VESCP authority pursuant to Article 2. See Virginia Code 62.1-44.15:24
  • VESMP: means a program established by a VESMP authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. See Virginia Code 62.1-44.15:24
  • VSMP: means a program established by the Board pursuant to § Virginia Code 62.1-44.15:24

1. The Board shall implement a VSMP in order to manage the quality and quantity of stormwater runoff resulting from 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, as required by this article.

2. No person shall conduct a land-disturbing activity until he has obtained land-disturbance approval from the VESCP authority and, if required, submitted to the Department an application that includes a permit registration statement and stormwater management plan, and the Department has issued permit coverage.

B. The Board shall adopt regulations establishing specifications for the VSMP, including permit requirements and requirements for plan review, inspection, and enforcement that reflect the analogous stormwater management requirements for a VESMP set forth in applicable provisions of this article.

2016, cc. 68, 758.