§ 10.1-561. State erosion and sediment control program.
A. The Board shall develop a program and promulgate regulations for theeffective control of soil erosion, sediment deposition, and nonagriculturalrunoff that must be met in any control program to prevent the unreasonabledegradation of properties, stream channels, waters and other naturalresources in accordance with the Administrative Process Act (§ 2.2-4000 etseq.). Stream restoration and relocation projects that incorporate naturalchannel design concepts are not man-made channels and shall be exempt fromany flow rate capacity and velocity requirements for natural or man-madechannels as defined in any regulations promulgated pursuant to this section,§ 10.1-562, or 10.1-570. Any land-disturbing activity that provides forstormwater management intended to address any flow rate capacity and velocityrequirements for natural or man-made channels shall satisfy the flow ratecapacity and velocity requirements for natural or man-made channels if thepractices are designed to (i) detain the water quality volume and to releaseit over 48 hours; (ii) detain and release over a 24-hour period the expectedrainfall resulting from the one year, 24-hour storm; and (iii) reduce theallowable peak flow rate resulting from the 1.5, 2, and 10-year, 24-hourstorms to a level that is less than or equal to the peak flow rate from thesite assuming it was in a good forested condition, achieved throughmultiplication of the forested peak flow rate by a reduction factor that isequal to the runoff volume from the site when it was in a good forestedcondition divided by the runoff volume from the site in its proposedcondition, and shall be exempt from any flow rate capacity and velocityrequirements for natural or man-made channels as defined in any regulationspromulgated pursuant to § 10.1-562 or 10.1-570.
The regulations shall:
1. Be based upon relevant physical and developmental information concerningthe watersheds and drainage basins of the Commonwealth, including, but notlimited to, data relating to land use, soils, hydrology, geology, size ofland 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 bythe Board or required by any applicable law to identify areas, includingmultijurisdictional and watershed areas, with critical erosion and sedimentproblems; and
3. Contain conservation standards for various types of soils and land uses,which shall include criteria, techniques, and methods for the control oferosion and sediment resulting from land-disturbing activities.
B. The Board shall provide technical assistance and advice to, and conductand supervise educational programs for, districts and localities that haveadopted local control programs.
C. The program and regulations shall be available for public inspection atthe Department.
D. The Board shall promulgate regulations establishing minimum standards ofeffectiveness of erosion and sediment control programs, and criteria andprocedures for reviewing and evaluating the effectiveness of erosion andsediment control programs. In developing minimum standards for programeffectiveness, the Board shall consider information and standards on whichthe regulations promulgated pursuant to subsection A of this section arebased.
E. The Board shall periodically conduct a comprehensive review and evaluationto ensure that all erosion and sediment control programs operating under thejurisdiction of this article meet minimum standards of effectiveness incontrolling soil erosion, sediment deposition and nonagricultural runoff. TheBoard shall develop a schedule for conducting periodic reviews andevaluations of the effectiveness of erosion and sediment control programs.
F. The Board shall issue certificates of competence concerning the content,application and intent of specified subject areas of this chapter andaccompanying regulations, including program administration, plan review, andproject inspection, to personnel of program authorities and to any otherpersons who have completed training programs or in other ways demonstratedadequate knowledge. The Department shall administer education and trainingprograms for specified subject areas of this chapter and accompanyingregulations, and is authorized to charge persons attending such programsreasonable fees to cover the costs of administering the programs.
G. As of December 31, 2004, any Department personnel conducting inspectionspursuant to this chapter shall hold a certificate of competence as providedin subsection F.
(1973, c. 486, § 21-89.4; 1988, cc. 732, 891; 1993, c. 925; 2004, c. 431;2005, c. 107; 2006, c. 21.)
§ 10.1-561. State erosion and sediment control program.
A. The Board shall develop a program and promulgate regulations for theeffective control of soil erosion, sediment deposition, and nonagriculturalrunoff that must be met in any control program to prevent the unreasonabledegradation of properties, stream channels, waters and other naturalresources in accordance with the Administrative Process Act (§ 2.2-4000 etseq.). Stream restoration and relocation projects that incorporate naturalchannel design concepts are not man-made channels and shall be exempt fromany flow rate capacity and velocity requirements for natural or man-madechannels as defined in any regulations promulgated pursuant to this section,§ 10.1-562, or 10.1-570. Any land-disturbing activity that provides forstormwater management intended to address any flow rate capacity and velocityrequirements for natural or man-made channels shall satisfy the flow ratecapacity and velocity requirements for natural or man-made channels if thepractices are designed to (i) detain the water quality volume and to releaseit over 48 hours; (ii) detain and release over a 24-hour period the expectedrainfall resulting from the one year, 24-hour storm; and (iii) reduce theallowable peak flow rate resulting from the 1.5, 2, and 10-year, 24-hourstorms to a level that is less than or equal to the peak flow rate from thesite assuming it was in a good forested condition, achieved throughmultiplication of the forested peak flow rate by a reduction factor that isequal to the runoff volume from the site when it was in a good forestedcondition divided by the runoff volume from the site in its proposedcondition, and shall be exempt from any flow rate capacity and velocityrequirements for natural or man-made channels as defined in any regulationspromulgated pursuant to § 10.1-562 or 10.1-570.
The regulations shall:
1. Be based upon relevant physical and developmental information concerningthe watersheds and drainage basins of the Commonwealth, including, but notlimited to, data relating to land use, soils, hydrology, geology, size ofland 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 bythe Board or required by any applicable law to identify areas, includingmultijurisdictional and watershed areas, with critical erosion and sedimentproblems; and
3. Contain conservation standards for various types of soils and land uses,which shall include criteria, techniques, and methods for the control oferosion and sediment resulting from land-disturbing activities.
B. The Board shall provide technical assistance and advice to, and conductand supervise educational programs for, districts and localities that haveadopted local control programs.
C. The program and regulations shall be available for public inspection atthe Department.
D. The Board shall promulgate regulations establishing minimum standards ofeffectiveness of erosion and sediment control programs, and criteria andprocedures for reviewing and evaluating the effectiveness of erosion andsediment control programs. In developing minimum standards for programeffectiveness, the Board shall consider information and standards on whichthe regulations promulgated pursuant to subsection A of this section arebased.
E. The Board shall periodically conduct a comprehensive review and evaluationto ensure that all erosion and sediment control programs operating under thejurisdiction of this article meet minimum standards of effectiveness incontrolling soil erosion, sediment deposition and nonagricultural runoff. TheBoard shall develop a schedule for conducting periodic reviews andevaluations of the effectiveness of erosion and sediment control programs.
F. The Board shall issue certificates of competence concerning the content,application and intent of specified subject areas of this chapter andaccompanying regulations, including program administration, plan review, andproject inspection, to personnel of program authorities and to any otherpersons who have completed training programs or in other ways demonstratedadequate knowledge. The Department shall administer education and trainingprograms for specified subject areas of this chapter and accompanyingregulations, and is authorized to charge persons attending such programsreasonable fees to cover the costs of administering the programs.
G. As of December 31, 2004, any Department personnel conducting inspectionspursuant to this chapter shall hold a certificate of competence as providedin subsection F.
(1973, c. 486, § 21-89.4; 1988, cc. 732, 891; 1993, c. 925; 2004, c. 431;2005, c. 107; 2006, c. 21.)
§ 10.1-561. State erosion and sediment control program.
A. The Board shall develop a program and promulgate regulations for theeffective control of soil erosion, sediment deposition, and nonagriculturalrunoff that must be met in any control program to prevent the unreasonabledegradation of properties, stream channels, waters and other naturalresources in accordance with the Administrative Process Act (§ 2.2-4000 etseq.). Stream restoration and relocation projects that incorporate naturalchannel design concepts are not man-made channels and shall be exempt fromany flow rate capacity and velocity requirements for natural or man-madechannels as defined in any regulations promulgated pursuant to this section,§ 10.1-562, or 10.1-570. Any land-disturbing activity that provides forstormwater management intended to address any flow rate capacity and velocityrequirements for natural or man-made channels shall satisfy the flow ratecapacity and velocity requirements for natural or man-made channels if thepractices are designed to (i) detain the water quality volume and to releaseit over 48 hours; (ii) detain and release over a 24-hour period the expectedrainfall resulting from the one year, 24-hour storm; and (iii) reduce theallowable peak flow rate resulting from the 1.5, 2, and 10-year, 24-hourstorms to a level that is less than or equal to the peak flow rate from thesite assuming it was in a good forested condition, achieved throughmultiplication of the forested peak flow rate by a reduction factor that isequal to the runoff volume from the site when it was in a good forestedcondition divided by the runoff volume from the site in its proposedcondition, and shall be exempt from any flow rate capacity and velocityrequirements for natural or man-made channels as defined in any regulationspromulgated pursuant to § 10.1-562 or 10.1-570.
The regulations shall:
1. Be based upon relevant physical and developmental information concerningthe watersheds and drainage basins of the Commonwealth, including, but notlimited to, data relating to land use, soils, hydrology, geology, size ofland 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 bythe Board or required by any applicable law to identify areas, includingmultijurisdictional and watershed areas, with critical erosion and sedimentproblems; and
3. Contain conservation standards for various types of soils and land uses,which shall include criteria, techniques, and methods for the control oferosion and sediment resulting from land-disturbing activities.
B. The Board shall provide technical assistance and advice to, and conductand supervise educational programs for, districts and localities that haveadopted local control programs.
C. The program and regulations shall be available for public inspection atthe Department.
D. The Board shall promulgate regulations establishing minimum standards ofeffectiveness of erosion and sediment control programs, and criteria andprocedures for reviewing and evaluating the effectiveness of erosion andsediment control programs. In developing minimum standards for programeffectiveness, the Board shall consider information and standards on whichthe regulations promulgated pursuant to subsection A of this section arebased.
E. The Board shall periodically conduct a comprehensive review and evaluationto ensure that all erosion and sediment control programs operating under thejurisdiction of this article meet minimum standards of effectiveness incontrolling soil erosion, sediment deposition and nonagricultural runoff. TheBoard shall develop a schedule for conducting periodic reviews andevaluations of the effectiveness of erosion and sediment control programs.
F. The Board shall issue certificates of competence concerning the content,application and intent of specified subject areas of this chapter andaccompanying regulations, including program administration, plan review, andproject inspection, to personnel of program authorities and to any otherpersons who have completed training programs or in other ways demonstratedadequate knowledge. The Department shall administer education and trainingprograms for specified subject areas of this chapter and accompanyingregulations, and is authorized to charge persons attending such programsreasonable fees to cover the costs of administering the programs.
G. As of December 31, 2004, any Department personnel conducting inspectionspursuant to this chapter shall hold a certificate of competence as providedin subsection F.
(1973, c. 486, § 21-89.4; 1988, cc. 732, 891; 1993, c. 925; 2004, c. 431;2005, c. 107; 2006, c. 21.)
