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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 875. Virginia Erosion and Stormwater Management Regulation
7/4/2026

9VAC25-875-1375. Fee calculation.

A. Fees set forth in sections 9VAC25-875-1380, 9VAC25-875-1400, and 9VAC25-875-1420 shall be adjusted annually by the change in the Consumer Price Index (CPI). The Consumer Price Index, as used for this adjustment, refers to the average Consumer Price Index for all-urban consumers for the 12-month period ending on June 30 of the calendar year preceding the year the fee is due. The Consumer Price Index for all-urban consumers is published by the U.S. Department of Labor, Bureau of Labor Statistics, U.S. All items, CUUR0000SA0. The department shall calculate the adjusted fees using the CPI by January 1 each year and the adjusted fees shall be effective beginning July 1 of the same year.

B. The permit fee due shall be calculated according to the following formulas:

Where:

F = the permit fee due (in $).

B = the base fee rate for the type of MS4 or Construction General Permit.

C = the Consumer Price Index adjustment factor.

ΔCPI = the difference between CPI and 309.57, expressed as a proportion of 309.57 (the reference base is 1982-84 = 100; 309.57 is the unadjusted 12-month average CPI for all urban consumers for July 2023 through June 2024).

CPI = the average of the Consumer Price Index for all-urban consumers (CUUR0000SA0) for the 12-month period ending on June 30 of the calendar year preceding the year the fee is due.

For example, if calculating the hypothetical 2027 permit fee (F) for a General / Stormwater Management – Large Construction Activity/Land Clearing permit (> 5 acres < 10 acres):

CPI = 317.67 (hypothetical CPI for the 12-month period ending on June 30, 2026, which would be used for the 2027 permit fee calculation).

ΔCPI = 0.03 for the 2027 permit fee calculation (i.e., (317.67 – 309.57) / 309.57 = (8.10) / 309.57 = 0.03).

C = 1.03 for the 2027 permit fee calculation (i.e., 1 + 0.03 = 1.03).

B = $5,100 (i.e. the fee for a General / Stormwater Management – Large Construction Activity/Land Clearing permit (> 5 acres < 10 acres), taken from subsection A of 9VAC25-875-1400).

F = $5,253 for the hypothetical 2027 permit fee calculation for this General / Stormwater Management – Large Construction Activity/Land Clearing permit (i.e., $5,100 x 1.03 = $5,253.00).

C. Permit fees (F) calculated for each facility or permitted land-disturbing activity shall be rounded to the nearest dollar.

D. The total amount of permit fees collected by the department (permit application fees plus permit maintenance fees) shall not exceed 62% of direct costs for administration, compliance, and enforcement of MS4 permits and VPDES Permits for Discharges of Stormwater from Construction Activities. The director shall take whatever action is necessary to ensure that this limit is not exceeded.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 42, Issue 12, eff. July 1, 2026.

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