Department of Conservation and Recreation

Regulatory Updates

Effective July 1, 2013, regulatory programs previously managed by DCR related to erosion and sediment control, the Chesapeake Bay Act and stormwater management will be handled by the Virginia Department of Environmental Quality. Information on these programs will be maintained on the DCR website during the transition. We encourage you to also visit www.deq.virginia.gov for updates on these programs.

This section of the website is intended to provide information for the public regarding DCR's and its board's regulatory actions. Use these pages to track progress made by regulatory advisory panels, which are developing regulations, and to download associated supporting documents. Several current regulatory actions include the following:

Reissuance of the MS4 General Permit: The Virginia Soil and Water Conservation Board approved on March 27, 2013 amendments to their Virginia Stormwater Management Program (VSMP) Permit Regulations in order to reauthorize and amend the General Virginia Stormwater Management Program (VSMP) Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (small MS4s) (effective July 1, 2013). The existing 5-year General Permit last became effective on July 9, 2008; thus necessitating the regulatory promulgation of a new General Permit before the July 8, 2013 expiration date. For more information about this regulatory action, please click here.

Reissuance of the Construction General Permit: DCR is currently considering amendments to the applicable portions of Virginia Soil and Water Conservation Board’s Virginia Stormwater Management Program (VSMP) Permit Regulations in order to reauthorize and amend the General Virginia Stormwater Management Program (VSMP) Permit for Discharges of Stormwater from Construction Activities. The existing 5-year General Permit became effective on July 1, 2009; thus necessitating the regulatory promulgation of a new General Permit before the June 30, 2014 expiration date. For more information about this regulatory action, please click here.

Stormwater Regulation Rollout: DCR, under the authority of the Virginia Soil and Water Conservation Board, is working with localities and others on the rollout of the stormwater management regulations. The target date for statewide local government implementation of stormwater management programs is July 1, 2014. The Department has formed a Stormwater Local Government Advisory Committee (SWLGAC) to advise the Department on program implementation issues. For more information about the SWLGAC or other aspects of implementation of the stormwater management program, please click here.

Impounding Structure Regulations: At its Dec. 7, 2011, meeting, the board approved a final regulatory action amending its Impounding Structure Regulations. For more information regarding this regulatory action please click here.

Resource Management Plan Regulations: At its March 27, 2013, meeting, the Virginia Soil and Water Conservation Board approved the final Resource Management Plan Regulations and authorized their filing as a final exempt action. The regulations will become effective on December 6, 2013. For more information about resource management plans, the work of a regulatory advisory panel (RAP) established by DCR, and the development of the regulations please click here.

Stormwater Management Regulations: The Virginia Soil and Water Conservation Board adopted final stormwater management regulations (Virginia Stormwater Management Program (VSMP) Permit Regulations Parts I, II, and III) on May 24, 2011, that were based on recommendations from a regulatory advisory panel (RAP) and its subcommittees. The regulations became effective on Sept. 13, 2011. For more information about the final regulations or the RAP and its subcommittees, please click here.

Procedures for Reviewing and Approving Design Specifications and Pollutant Removal Credits for BMPs: The Virginia Soil and Water Conservation Board approved on December 11, 2012 a final regulatory action that amends the Virginia Stormwater Management Program (VSMP) Permit Regulations (4 VAC 50-60) by creating a new Part XVI titled "Procedures For Reviewing and Approving Design Specifications and Pollutant Removal Credits for BMPs" (4VAC50-60-1300 et seq.). The new Part XVI establishes procedures for the consistent and reliable testing and verification of stormwater Best Management Practice (BMP) performance and provides for a systematic state review and approval process for BMP Design Specifications and Pollutant Removal Credits. For more information about the final regulations, please click here.

If you have any questions about board regulatory actions, please contact David Dowling, DCR Policy, and Planning Director, at david.dowling@dcr.virginia.gov.

You'll find more information on DCR’s regulatory actions on the Virginia Regulatory Town Hall’s website. There you’ll find the agency's and associated boards’ regulatory content, such as Notices of Intended Regulatory Action, proposed and final regulations, background information and schedules for public meetings and hearings. Click here to sign up to receive notices (select preferences at the bottom of the form).

Questions about these actions may be sent to the regulatory coordinator at: regcord@dcr.virginia.gov.