§ 10.1-603.8. Regulated activities; submission and approval of a permitapplication; security for performance; exemptions.
A. A person shall not develop any land for residential, commercial,industrial, or institutional use until he has submitted a permit applicationto the permit issuing authority and has obtained a permit. The permitissuing authority shall act on any permit application within 60 days after ithas been determined by the permit issuing authority to be a completeapplication. The permit issuing authority may either issue the permit or denythe permit and shall provide written rationale for the denial. The permitissuing authority shall act on any permit application that has beenpreviously disapproved within 45 days after the application has been revised,resubmitted for approval, and deemed complete. Prior to issuance of anypermit, the permit issuing authority may also require an applicant, excludingthose regulated under § 10.1-603.5, to submit a reasonable performance bondwith surety, cash escrow, letter of credit, any combination thereof, or suchother legal arrangement acceptable to the permit issuing authority, to ensurethat measures could be taken by the permit issuing authority at theapplicant's expense should he fail, after proper notice, within the timespecified to initiate or maintain appropriate actions which may be requiredof him by the permit conditions as a result of his land disturbing activity.If the permit issuing authority takes such action upon such failure by theapplicant, the permit issuing authority may collect from the applicant forthe difference should the amount of the reasonable cost of such action exceedthe amount of the security held. Within 60 days of the completion of therequirements of the permit conditions, such bond, cash escrow, letter ofcredit or other legal arrangement, or the unexpended or unobligated portionthereof, shall be refunded to the applicant or terminated. These requirementsare in addition to all other provisions of law relating to the issuance ofpermits and are not intended to otherwise affect the requirements for suchpermits.
B. Notwithstanding any other provisions of this article, the followingactivities are exempt:
1. Permitted surface or deep mining operations and projects, or oil and gasoperations and projects conducted under the provisions of Title 45.1;
2. Clearing of lands specifically for agricultural purposes and themanagement, tilling, planting or harvesting of agricultural, horticultural,or forest crops;
3. Single-family residences separately built and disturbing less than oneacre and not part of a larger common plan of development or sale, includingadditions or modifications to existing single-family detached residentialstructures. However, localities subject to the Chesapeake Bay PreservationAct (§ 10.1-2100 et seq.) may regulate these single family residences whereland disturbance exceeds 2,500 square feet;
4. Land disturbing activities that disturb less than one acre of land areaexcept for land disturbing activity exceeding an area of 2,500 square feet inall areas of the jurisdictions designated as subject to the Chesapeake BayPreservation Area Designation and Management Regulations (9 VAC 10-20 etseq.) adopted pursuant to the Chesapeake Bay Preservation Act (§ 10.1-2100 etseq.) or activities that are part of a larger common plan of development orsale that is one acre or greater of disturbance; however, the governing bodyof a locality which has adopted a stormwater management program may reducethis exception to a smaller area of disturbed land or qualify the conditionsunder which this exception shall apply;
5. Linear development projects, provided that (i) less than one acre of landwill be disturbed per outfall or watershed, (ii) there will be insignificantincreases in peak flow rates, and (iii) there are no existing or anticipatedflooding or erosion problems downstream of the discharge point;
6. Discharges to a sanitary sewer or a combined sewer system;
7. Activities under a State or federal reclamation program to return anabandoned property to an agricultural or open land use; and
8. Routine maintenance that is performed to maintain the original line andgrade, hydraulic capacity, or original construction of the project and thatdisturbs less than five acres of land.
C. Electric, natural gas, and communication utility companies, interstate andintrastate natural gas pipeline companies, and railroad companies may notundertake any land clearing, soil movement, or construction activityinvolving soil movement or land disturbance one acre or greater unless thecompany has submitted a permit application for the land-disturbing activityand the application has been reviewed and approved and a stormwater permitissued by the Board. Companies may submit a single permit applicationcontaining stormwater management standards and specifications for all landdisturbing activities conducted under the requirements of this article.
(1989, cc. 467, 499; 1994, cc. 605, 898; 2004, c. 372.)
§ 10.1-603.8. Regulated activities; submission and approval of a permitapplication; security for performance; exemptions.
A. A person shall not develop any land for residential, commercial,industrial, or institutional use until he has submitted a permit applicationto the permit issuing authority and has obtained a permit. The permitissuing authority shall act on any permit application within 60 days after ithas been determined by the permit issuing authority to be a completeapplication. The permit issuing authority may either issue the permit or denythe permit and shall provide written rationale for the denial. The permitissuing authority shall act on any permit application that has beenpreviously disapproved within 45 days after the application has been revised,resubmitted for approval, and deemed complete. Prior to issuance of anypermit, the permit issuing authority may also require an applicant, excludingthose regulated under § 10.1-603.5, to submit a reasonable performance bondwith surety, cash escrow, letter of credit, any combination thereof, or suchother legal arrangement acceptable to the permit issuing authority, to ensurethat measures could be taken by the permit issuing authority at theapplicant's expense should he fail, after proper notice, within the timespecified to initiate or maintain appropriate actions which may be requiredof him by the permit conditions as a result of his land disturbing activity.If the permit issuing authority takes such action upon such failure by theapplicant, the permit issuing authority may collect from the applicant forthe difference should the amount of the reasonable cost of such action exceedthe amount of the security held. Within 60 days of the completion of therequirements of the permit conditions, such bond, cash escrow, letter ofcredit or other legal arrangement, or the unexpended or unobligated portionthereof, shall be refunded to the applicant or terminated. These requirementsare in addition to all other provisions of law relating to the issuance ofpermits and are not intended to otherwise affect the requirements for suchpermits.
B. Notwithstanding any other provisions of this article, the followingactivities are exempt:
1. Permitted surface or deep mining operations and projects, or oil and gasoperations and projects conducted under the provisions of Title 45.1;
2. Clearing of lands specifically for agricultural purposes and themanagement, tilling, planting or harvesting of agricultural, horticultural,or forest crops;
3. Single-family residences separately built and disturbing less than oneacre and not part of a larger common plan of development or sale, includingadditions or modifications to existing single-family detached residentialstructures. However, localities subject to the Chesapeake Bay PreservationAct (§ 10.1-2100 et seq.) may regulate these single family residences whereland disturbance exceeds 2,500 square feet;
4. Land disturbing activities that disturb less than one acre of land areaexcept for land disturbing activity exceeding an area of 2,500 square feet inall areas of the jurisdictions designated as subject to the Chesapeake BayPreservation Area Designation and Management Regulations (9 VAC 10-20 etseq.) adopted pursuant to the Chesapeake Bay Preservation Act (§ 10.1-2100 etseq.) or activities that are part of a larger common plan of development orsale that is one acre or greater of disturbance; however, the governing bodyof a locality which has adopted a stormwater management program may reducethis exception to a smaller area of disturbed land or qualify the conditionsunder which this exception shall apply;
5. Linear development projects, provided that (i) less than one acre of landwill be disturbed per outfall or watershed, (ii) there will be insignificantincreases in peak flow rates, and (iii) there are no existing or anticipatedflooding or erosion problems downstream of the discharge point;
6. Discharges to a sanitary sewer or a combined sewer system;
7. Activities under a State or federal reclamation program to return anabandoned property to an agricultural or open land use; and
8. Routine maintenance that is performed to maintain the original line andgrade, hydraulic capacity, or original construction of the project and thatdisturbs less than five acres of land.
C. Electric, natural gas, and communication utility companies, interstate andintrastate natural gas pipeline companies, and railroad companies may notundertake any land clearing, soil movement, or construction activityinvolving soil movement or land disturbance one acre or greater unless thecompany has submitted a permit application for the land-disturbing activityand the application has been reviewed and approved and a stormwater permitissued by the Board. Companies may submit a single permit applicationcontaining stormwater management standards and specifications for all landdisturbing activities conducted under the requirements of this article.
(1989, cc. 467, 499; 1994, cc. 605, 898; 2004, c. 372.)
§ 10.1-603.8. Regulated activities; submission and approval of a permitapplication; security for performance; exemptions.
A. A person shall not develop any land for residential, commercial,industrial, or institutional use until he has submitted a permit applicationto the permit issuing authority and has obtained a permit. The permitissuing authority shall act on any permit application within 60 days after ithas been determined by the permit issuing authority to be a completeapplication. The permit issuing authority may either issue the permit or denythe permit and shall provide written rationale for the denial. The permitissuing authority shall act on any permit application that has beenpreviously disapproved within 45 days after the application has been revised,resubmitted for approval, and deemed complete. Prior to issuance of anypermit, the permit issuing authority may also require an applicant, excludingthose regulated under § 10.1-603.5, to submit a reasonable performance bondwith surety, cash escrow, letter of credit, any combination thereof, or suchother legal arrangement acceptable to the permit issuing authority, to ensurethat measures could be taken by the permit issuing authority at theapplicant's expense should he fail, after proper notice, within the timespecified to initiate or maintain appropriate actions which may be requiredof him by the permit conditions as a result of his land disturbing activity.If the permit issuing authority takes such action upon such failure by theapplicant, the permit issuing authority may collect from the applicant forthe difference should the amount of the reasonable cost of such action exceedthe amount of the security held. Within 60 days of the completion of therequirements of the permit conditions, such bond, cash escrow, letter ofcredit or other legal arrangement, or the unexpended or unobligated portionthereof, shall be refunded to the applicant or terminated. These requirementsare in addition to all other provisions of law relating to the issuance ofpermits and are not intended to otherwise affect the requirements for suchpermits.
B. Notwithstanding any other provisions of this article, the followingactivities are exempt:
1. Permitted surface or deep mining operations and projects, or oil and gasoperations and projects conducted under the provisions of Title 45.1;
2. Clearing of lands specifically for agricultural purposes and themanagement, tilling, planting or harvesting of agricultural, horticultural,or forest crops;
3. Single-family residences separately built and disturbing less than oneacre and not part of a larger common plan of development or sale, includingadditions or modifications to existing single-family detached residentialstructures. However, localities subject to the Chesapeake Bay PreservationAct (§ 10.1-2100 et seq.) may regulate these single family residences whereland disturbance exceeds 2,500 square feet;
4. Land disturbing activities that disturb less than one acre of land areaexcept for land disturbing activity exceeding an area of 2,500 square feet inall areas of the jurisdictions designated as subject to the Chesapeake BayPreservation Area Designation and Management Regulations (9 VAC 10-20 etseq.) adopted pursuant to the Chesapeake Bay Preservation Act (§ 10.1-2100 etseq.) or activities that are part of a larger common plan of development orsale that is one acre or greater of disturbance; however, the governing bodyof a locality which has adopted a stormwater management program may reducethis exception to a smaller area of disturbed land or qualify the conditionsunder which this exception shall apply;
5. Linear development projects, provided that (i) less than one acre of landwill be disturbed per outfall or watershed, (ii) there will be insignificantincreases in peak flow rates, and (iii) there are no existing or anticipatedflooding or erosion problems downstream of the discharge point;
6. Discharges to a sanitary sewer or a combined sewer system;
7. Activities under a State or federal reclamation program to return anabandoned property to an agricultural or open land use; and
8. Routine maintenance that is performed to maintain the original line andgrade, hydraulic capacity, or original construction of the project and thatdisturbs less than five acres of land.
C. Electric, natural gas, and communication utility companies, interstate andintrastate natural gas pipeline companies, and railroad companies may notundertake any land clearing, soil movement, or construction activityinvolving soil movement or land disturbance one acre or greater unless thecompany has submitted a permit application for the land-disturbing activityand the application has been reviewed and approved and a stormwater permitissued by the Board. Companies may submit a single permit applicationcontaining stormwater management standards and specifications for all landdisturbing activities conducted under the requirements of this article.
(1989, cc. 467, 499; 1994, cc. 605, 898; 2004, c. 372.)
