The Board is authorized to adopt regulations that specify minimum technicalcriteria and administrative procedures for stormwater management programs inVirginia. The regulations shall:
1. Establish standards and procedures for delegating the authority foradministering a stormwater management program to localities;
2. Establish minimum design criteria for measures to control nonpoint sourcepollution and localized flooding, and incorporate the stormwater managementregulations adopted pursuant to the Virginia Erosion and Sediment Control Law(§ 10.1-560 et seq.), as they relate to the prevention of stream channelerosion. These criteria shall be periodically modified as required in orderto reflect current engineering methods;
3. Require the provision of long-term responsibility for and maintenance ofstormwater management control devices and other techniques specified tomanage the quality and quantity of runoff;
4. Require as a minimum the inclusion in local programs of certainadministrative procedures which include, but are not limited to, specifyingthe time period within which a local government that has adopted a stormwatermanagement program must grant permit approval, the conditions under whichapproval shall be granted, the procedures for communicating disapproval, theconditions under which an approved permit may be changed and requirements forinspection of approved projects;
5. Establish, with the concurrence of the Director, a statewide permit feeschedule for stormwater management related to land disturbing activities ofone acre or greater. The fee schedule shall also include a provision for areduced fee for land disturbing activities between 2,500 square feet and upto 1 acre in Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.)localities. The regulations shall be governed by the following:
a. The revenue generated from the statewide stormwater permit fee shall becollected and remitted to the State Treasurer for deposit in the VirginiaStormwater Management Fund established pursuant to § 10.1-603.4:1. However,whenever the Board has delegated a stormwater management program to alocality or is required to do so under this article, no more than 30 percentof the total revenue generated by the statewide stormwater permit feescollected within the locality shall be remitted to the State Treasurer, fordeposit in the Virginia Stormwater Management Fund.
b. Fees collected pursuant to this section shall be in addition to anygeneral fund appropriation made to the Department; however, the fees shall beset at a level sufficient for the Department to carry out itsresponsibilities under this article;
6. Establish statewide standards for stormwater management from landdisturbing activities of one acre or greater, except as specified otherwisewithin this article, and allow for the consolidation in the permit of acomprehensive approach to addressing stormwater management and erosion andsediment control, consistent with the provisions of the Erosion and SedimentControl Law (§ 10.1-560 et seq.) and this article. However, such standardsshall also apply to land disturbing activity exceeding an area of 2500 squarefeet in all areas of the jurisdictions designated as subject to theChesapeake Bay Preservation Area Designation and Management Regulations (9VAC 10-20 et seq.) adopted pursuant to the Chesapeake Bay Preservation Act (§10.1-2100 et seq.);
7. Require that stormwater management programs maintain after-developmentrunoff rate of flow and characteristics that replicate, as nearly aspracticable, the existing predevelopment runoff characteristics and sitehydrology, or improve upon the contributing share of the existingpredevelopment runoff characteristics and site hydrology if stream channelerosion or localized flooding is an existing predevelopment condition. Anyland-disturbing activity that provides for stormwater management shallsatisfy the conditions of this subsection if the practices are designed to(i) detain the water quality volume and to release it over 48 hours; (ii)detain and release over a 24-hour period the expected rainfall resulting fromthe one year, 24-hour storm; and (iii) reduce the allowable peak flow rateresulting from the 1.5, 2, and 10-year, 24-hour storms to a level that isless than or equal to the peak flow rate from the site assuming it was in agood forested condition, achieved through multiplication of the forested peakflow rate by a reduction factor that is equal to the runoff volume from thesite when it was in a good forested condition divided by the runoff volumefrom the site in its proposed condition, and shall be exempt from any flowrate capacity and velocity requirements for natural or man-made channels asdefined in any regulations promulgated pursuant to this section, or anyordinances adopted pursuant to § 10.1-603.3 or 10.1-603.7;
8. Encourage low impact development designs, regional and watershedapproaches, and nonstructural means for controlling stormwater;
9. Promote the reclamation and reuse of stormwater for uses other thanpotable water in order to protect state waters and the public health and tominimize the direct discharge of pollutants into state waters;
10. Establish, with the concurrence of the Director, a statewide permit feeschedule for stormwater management related to municipal separate storm sewersystem permits; and
11. Provide for the evaluation and potential inclusion of emerging orinnovative stormwater control technologies that may prove effective inreducing nonpoint source pollution.
(1989, cc. 467, 499; 1991, c. 84; 2004, c. 372; 2005, c. 102; 2006, c. 21;2008, c. 405; 2009, c. 709.)
The Board is authorized to adopt regulations that specify minimum technicalcriteria and administrative procedures for stormwater management programs inVirginia. The regulations shall:
1. Establish standards and procedures for delegating the authority foradministering a stormwater management program to localities;
2. Establish minimum design criteria for measures to control nonpoint sourcepollution and localized flooding, and incorporate the stormwater managementregulations adopted pursuant to the Virginia Erosion and Sediment Control Law(§ 10.1-560 et seq.), as they relate to the prevention of stream channelerosion. These criteria shall be periodically modified as required in orderto reflect current engineering methods;
3. Require the provision of long-term responsibility for and maintenance ofstormwater management control devices and other techniques specified tomanage the quality and quantity of runoff;
4. Require as a minimum the inclusion in local programs of certainadministrative procedures which include, but are not limited to, specifyingthe time period within which a local government that has adopted a stormwatermanagement program must grant permit approval, the conditions under whichapproval shall be granted, the procedures for communicating disapproval, theconditions under which an approved permit may be changed and requirements forinspection of approved projects;
5. Establish, with the concurrence of the Director, a statewide permit feeschedule for stormwater management related to land disturbing activities ofone acre or greater. The fee schedule shall also include a provision for areduced fee for land disturbing activities between 2,500 square feet and upto 1 acre in Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.)localities. The regulations shall be governed by the following:
a. The revenue generated from the statewide stormwater permit fee shall becollected and remitted to the State Treasurer for deposit in the VirginiaStormwater Management Fund established pursuant to § 10.1-603.4:1. However,whenever the Board has delegated a stormwater management program to alocality or is required to do so under this article, no more than 30 percentof the total revenue generated by the statewide stormwater permit feescollected within the locality shall be remitted to the State Treasurer, fordeposit in the Virginia Stormwater Management Fund.
b. Fees collected pursuant to this section shall be in addition to anygeneral fund appropriation made to the Department; however, the fees shall beset at a level sufficient for the Department to carry out itsresponsibilities under this article;
6. Establish statewide standards for stormwater management from landdisturbing activities of one acre or greater, except as specified otherwisewithin this article, and allow for the consolidation in the permit of acomprehensive approach to addressing stormwater management and erosion andsediment control, consistent with the provisions of the Erosion and SedimentControl Law (§ 10.1-560 et seq.) and this article. However, such standardsshall also apply to land disturbing activity exceeding an area of 2500 squarefeet in all areas of the jurisdictions designated as subject to theChesapeake Bay Preservation Area Designation and Management Regulations (9VAC 10-20 et seq.) adopted pursuant to the Chesapeake Bay Preservation Act (§10.1-2100 et seq.);
7. Require that stormwater management programs maintain after-developmentrunoff rate of flow and characteristics that replicate, as nearly aspracticable, the existing predevelopment runoff characteristics and sitehydrology, or improve upon the contributing share of the existingpredevelopment runoff characteristics and site hydrology if stream channelerosion or localized flooding is an existing predevelopment condition. Anyland-disturbing activity that provides for stormwater management shallsatisfy the conditions of this subsection if the practices are designed to(i) detain the water quality volume and to release it over 48 hours; (ii)detain and release over a 24-hour period the expected rainfall resulting fromthe one year, 24-hour storm; and (iii) reduce the allowable peak flow rateresulting from the 1.5, 2, and 10-year, 24-hour storms to a level that isless than or equal to the peak flow rate from the site assuming it was in agood forested condition, achieved through multiplication of the forested peakflow rate by a reduction factor that is equal to the runoff volume from thesite when it was in a good forested condition divided by the runoff volumefrom the site in its proposed condition, and shall be exempt from any flowrate capacity and velocity requirements for natural or man-made channels asdefined in any regulations promulgated pursuant to this section, or anyordinances adopted pursuant to § 10.1-603.3 or 10.1-603.7;
8. Encourage low impact development designs, regional and watershedapproaches, and nonstructural means for controlling stormwater;
9. Promote the reclamation and reuse of stormwater for uses other thanpotable water in order to protect state waters and the public health and tominimize the direct discharge of pollutants into state waters;
10. Establish, with the concurrence of the Director, a statewide permit feeschedule for stormwater management related to municipal separate storm sewersystem permits; and
11. Provide for the evaluation and potential inclusion of emerging orinnovative stormwater control technologies that may prove effective inreducing nonpoint source pollution.
(1989, cc. 467, 499; 1991, c. 84; 2004, c. 372; 2005, c. 102; 2006, c. 21;2008, c. 405; 2009, c. 709.)
The Board is authorized to adopt regulations that specify minimum technicalcriteria and administrative procedures for stormwater management programs inVirginia. The regulations shall:
1. Establish standards and procedures for delegating the authority foradministering a stormwater management program to localities;
2. Establish minimum design criteria for measures to control nonpoint sourcepollution and localized flooding, and incorporate the stormwater managementregulations adopted pursuant to the Virginia Erosion and Sediment Control Law(§ 10.1-560 et seq.), as they relate to the prevention of stream channelerosion. These criteria shall be periodically modified as required in orderto reflect current engineering methods;
3. Require the provision of long-term responsibility for and maintenance ofstormwater management control devices and other techniques specified tomanage the quality and quantity of runoff;
4. Require as a minimum the inclusion in local programs of certainadministrative procedures which include, but are not limited to, specifyingthe time period within which a local government that has adopted a stormwatermanagement program must grant permit approval, the conditions under whichapproval shall be granted, the procedures for communicating disapproval, theconditions under which an approved permit may be changed and requirements forinspection of approved projects;
5. Establish, with the concurrence of the Director, a statewide permit feeschedule for stormwater management related to land disturbing activities ofone acre or greater. The fee schedule shall also include a provision for areduced fee for land disturbing activities between 2,500 square feet and upto 1 acre in Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.)localities. The regulations shall be governed by the following:
a. The revenue generated from the statewide stormwater permit fee shall becollected and remitted to the State Treasurer for deposit in the VirginiaStormwater Management Fund established pursuant to § 10.1-603.4:1. However,whenever the Board has delegated a stormwater management program to alocality or is required to do so under this article, no more than 30 percentof the total revenue generated by the statewide stormwater permit feescollected within the locality shall be remitted to the State Treasurer, fordeposit in the Virginia Stormwater Management Fund.
b. Fees collected pursuant to this section shall be in addition to anygeneral fund appropriation made to the Department; however, the fees shall beset at a level sufficient for the Department to carry out itsresponsibilities under this article;
6. Establish statewide standards for stormwater management from landdisturbing activities of one acre or greater, except as specified otherwisewithin this article, and allow for the consolidation in the permit of acomprehensive approach to addressing stormwater management and erosion andsediment control, consistent with the provisions of the Erosion and SedimentControl Law (§ 10.1-560 et seq.) and this article. However, such standardsshall also apply to land disturbing activity exceeding an area of 2500 squarefeet in all areas of the jurisdictions designated as subject to theChesapeake Bay Preservation Area Designation and Management Regulations (9VAC 10-20 et seq.) adopted pursuant to the Chesapeake Bay Preservation Act (§10.1-2100 et seq.);
7. Require that stormwater management programs maintain after-developmentrunoff rate of flow and characteristics that replicate, as nearly aspracticable, the existing predevelopment runoff characteristics and sitehydrology, or improve upon the contributing share of the existingpredevelopment runoff characteristics and site hydrology if stream channelerosion or localized flooding is an existing predevelopment condition. Anyland-disturbing activity that provides for stormwater management shallsatisfy the conditions of this subsection if the practices are designed to(i) detain the water quality volume and to release it over 48 hours; (ii)detain and release over a 24-hour period the expected rainfall resulting fromthe one year, 24-hour storm; and (iii) reduce the allowable peak flow rateresulting from the 1.5, 2, and 10-year, 24-hour storms to a level that isless than or equal to the peak flow rate from the site assuming it was in agood forested condition, achieved through multiplication of the forested peakflow rate by a reduction factor that is equal to the runoff volume from thesite when it was in a good forested condition divided by the runoff volumefrom the site in its proposed condition, and shall be exempt from any flowrate capacity and velocity requirements for natural or man-made channels asdefined in any regulations promulgated pursuant to this section, or anyordinances adopted pursuant to § 10.1-603.3 or 10.1-603.7;
8. Encourage low impact development designs, regional and watershedapproaches, and nonstructural means for controlling stormwater;
9. Promote the reclamation and reuse of stormwater for uses other thanpotable water in order to protect state waters and the public health and tominimize the direct discharge of pollutants into state waters;
10. Establish, with the concurrence of the Director, a statewide permit feeschedule for stormwater management related to municipal separate storm sewersystem permits; and
11. Provide for the evaluation and potential inclusion of emerging orinnovative stormwater control technologies that may prove effective inreducing nonpoint source pollution.
(1989, cc. 467, 499; 1991, c. 84; 2004, c. 372; 2005, c. 102; 2006, c. 21;2008, c. 405; 2009, c. 709.)
