Virginia Law

A. In order to protect the quality of state waters and to control the discharge of stormwater pollutants from land-disturbing activities, runoff associated with land-disturbing activities in Chesapeake Bay Preservation Areas that are equal to or greater than 2,500 square feet but less than one acre shall be regulated by localities subject to the Chesapeake Bay Preservation Act or, in the case of state and federal agency projects, the department. In regulating such land-disturbing activities in accordance with subsection B of this section, localities shall have the same authority and responsibilities as set forth for VESCP and VESMP authorities.

B. After June 30, 2014, such land-disturbing activities shall not require completion of a registration statement or require coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities but shall be subject to the following technical criteria and program and administrative requirements unless excluded under 9VAC25-875-90 and 9VAC25-875-280:

1. An erosion and sediment control plan consistent with the requirements of 9VAC25-875-550 must be designed and implemented during land-disturbing activities. Prior to land disturbance, this plan must be approved by either the VESCP or VESMP authority in accordance with this chapter;

2. A stormwater management plan consistent with the requirements of 9VAC25-875-510 must be designed and implemented during the land-disturbing activity. The stormwater management plan shall be developed and submitted in accordance with 9VAC25-875-510. Prior to land disturbance, this plan must be approved by the VESCP or VESMP authority;

3. Exceptions may be requested in accordance with 9VAC25-875-170;

4. Long-term maintenance of stormwater management facilities shall be provided for and conducted in accordance with 9VAC25-875-535;

5. Water quality design criteria in 9VAC25-875-580 shall be applied to the site;

6. Water quality compliance shall be achieved in accordance with 9VAC25-875-590;

7. Channel protection and flood protection shall be achieved in accordance with 9VAC25-875-600 or as permitted by subsection B of 9VAC25-875-750;

8. Offsite compliance options in accordance with 9VAC25-875-610 shall be available to land-disturbing activities in Chesapeake Bay Preservation Areas that are equal to or greater than 2,500 square feet but less than one acre; and

9. Such land-disturbing activities shall be subject to the design storm and hydrologic methods set out in 9VAC25-875-620, linear development controls in 9VAC25-875-640, and criteria associated with stormwater impoundment structures or facilities in 9VAC25-875-650.