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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 870. Virginia Stormwater Management Program (VSMP) Regulation
3/29/2023

9VAC25-870-112. Long-term maintenance of permanent stormwater management facilities.

A. The VSMP authority shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to state permit termination or earlier as required by the VSMP authority and shall at a minimum:

1. Be submitted to the VSMP authority for review and approval prior to the approval of the stormwater management plan;

2. Be stated to run with the land;

3. Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;

4. Provide for inspections and maintenance and the submission of inspection and maintenance reports to the VSMP authority; and

5. Be enforceable by all appropriate governmental parties.

B. At the discretion of the VSMP authority, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the VSMP authority that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the VSMP authority.

C. In addition to the requirements of subsection A of this section, any owner of property that is zoned for residential use and on which is located a privately owned stormwater management facility serving one or more residential properties shall record the long-term maintenance and inspection requirements for such facility with the deed for the property.

Statutory Authority

§§  62.1-44.15:25 and 62.1-44.15:28 of the Code of Virginia.

Historical Notes

Former 4VAC50-60-112 derived from Virginia Register Volume 27, Issue 26, eff. September 13, 2011; amended, Virginia Register Volume 29, Issue 4, eff. November 21, 2012; renumbered, Virginia Register Volume 30, Issue 2, eff. October 23, 2013; Volume 37, Issue 5, eff. November 25, 2020.

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