Parts 1, 2 and 3 Final

On Aug. 29, 2011, the final stormwater management regulations were published in the Virginia Register (Vol. 27, Issue 26). The regulations became effective on Sept. 13, 2011.

• Final Regulations, Parts I, II and III as published in the Virginia Register

Next steps

The Virginia Soil and Water Conservation Board adopted final regulations for Parts I, II and III of the stormwater management regulations on May 24, 2011. The Department has initiated the executive review process.

• Final regulations Parts I, II and III as adopted by the board
• Final regulations Parts I, II and III as adopted by the board - “clean” version
• Agency Background Document

Virginia Soil and Water Conservation Board Meeting, May 24, 2011

The Virginia Soil and Water Conservation Board met on Tuesday, May 24, 2011 and adopted Parts I, II and III of the stormwater management regulations. The meeting began at 9:30 a.m. in SR-A of the General Assembly Building in Richmond. A public comment period was held regarding the proposed revisions to the regulations.

• Agenda
• Draft Final Regulations Parts I, II and III
• Draft Final Regulations Parts I, II and III – “clean” version
• Summary of Changes Made to the Regulations Based on Public Comments
• Comment Table and Responses for Stormwater Management Regulations

The Department of Conservation and Recreation (DCR) held a public comment period on the Virginia Stormwater Management Program (VSMP) Permit Regulations (Parts I, II and III). On Dec. 9, 2009, the Virginia Soil and Water Conservation Board (VSWCB) adopted final revisions to the regulations, and then on Jan. 14, 2010, suspended the effective date of these regulatory actions, in response to 25 petitions received during the 30-day final adoption period, in accordance with §2.2-4007.06 of the Administrative Process Act. In response to legislative action taken by the 2010 General Assembly (Chapter 137 and Chapter 370), DCR convened a Regulatory Advisory Panel (RAP) to further review the regulations and to make recommendations to the VSWCB. Prior to presentation of the revised final recommendations to the VSWCB, DCR solicited public comment on the proposed revisions to the regulations.

• Proposed regulatory language (with strike-throughs and underlines)
• Proposed regulatory language ("clean" copy)

For more information on the Virginia Runoff Reduction Method, click here.

Regulatory Advisory Panel Meeting, March 9, 2011

The fifth meeting of the reassembled Regulatory Advisory Panel (RAP) was held on March 9, 2011 from 10 a.m. to approximately 3:30 p.m. in Senate Room 3 of the Virginia State Capitol. Materials provided to the RAP included:

• Draft Regulatory Language
• Alternative Water Quantity Language
• Timetable for Stormwater Regulations
• Minutes

Regulatory Advisory Panel Meeting, Jan. 21, 2011

The fourth meeting of the reassembled Regulatory Advisory Panel (RAP) was held on Jan. 21, 2011, from 12:30 p.m. to approximately 3:25 p.m. in the Pocahontas Building Auditorium. Materials provided to the RAP included:

• Draft Regulatory Language
• Presentation on Water Quality
• Presentation on Water Quantity
• Reference Presentation on Water Quantity by Jeff Cowan
• Materials related to Offset/Offsite Compliance Options
  • VSMP General Permit Coverage Analysis
  • Off-site Compliance Thresholds
  • Presumptive MEP
  • Timing of Offsets
  • Options outside of the Chesapeake Bay watershed
• Minutes

Regulatory Advisory Panel Subcommittee Meeting, Jan. 13, 2011

The water quantity subcommittee met at 10:00 a.m. in Conference Room #3 of the Patrick Henry Building on January 13, 2011.Materials provided to the subcommittee included:

• Presentation by Jeff Cowan
• Energy Balance Test (assume predevelopment land use is forest)
• Energy Balance Test (assume predevelopment land use is pasture)
• Draft Regulatory Language

Regulatory Advisory Panel Subcommittee Meeting, Jan. 5, 2011

The local program subcommittee met at 10:00 a.m. in the East Reading Room of the Patrick Henry Building on January 5, 2011. Draft regulatory language was presented to the subcommittee.

• Draft Regulatory Language
• Minutes

Regulatory Advisory Panel Subcommittee Meeting, Jan. 4, 2011

The offset subcommittee met at 10:00 a.m. in Conference Room #3 of the Patrick Henry Building on January 4, 2011. Materials provided to the subcommittee included:

• Issue Paper A - Thresholds for Off-site Compliance
• Issue Paper B - Presumptive MEP
• Issue Paper C - Timing of Off-site Measures
• Issue Paper D - Offsets outside Bay Watershed
• Minutes

Regulatory Advisory Panel Meeting, Nov. 29, 2010

The third meeting of the reassembly Regulatory Advisory Committee (RAP) was held on November 29th in Pocahontas Building Auditorium from 1:00 p.m. to 4:00 p.m. There was a detailed discussion of the water quality design criteria standard and a report from several subcommittees on the progress being made. Materials presented to the RAP include:

• Presentation on water quality design criteria standard
• Article: Is Impervious Cover Still Important? Review of Recent Research
• Article: Urbanization and the Loss of Resource Lands in the Chesapeake Bay Watershed
• Draft Regulatory Language
• Minutes

Regulatory Advisory Panel Subcommittee Meetings, Nov. 9, 2010

The local program subcommittee was held on November 9th in Basement Conference Room of the Patrick Henry Building from 10:00 a.m. to 3:00 p.m.

• Draft Regulatory Language
• Minutes

Regulatory Advisory Panel Subcommittee Meetings, Oct. 20, 2010

There was a joint meeting of the water quality and water quantity subcommittees in House Room #3 of the Capitol from 10:00 a.m. to approximately 1:00 p.m. The water quantity subcommittee met after the joint meeting, as did the grandfathering subcommittee.

• Minutes

Regulatory Advisory Panel Subcommittee Meeting, Sept. 30, 2010

The local program subcommittee was held on September 30th in Conference Room 1 of the Patrick Henry Building from 10:00 a.m. to 3:00 p.m. Materials that were provided to the subcommittee during the meeting include:

• Federal Code of Regulations regarding qualifying local program
• EPA Guidance regarding qualifying local programs
• 4VAC50-60-460
• 4VAC50-60-1140
• Plans Approval Flow Chart
• State of Colorado Construction General Permit
• State of Colorado Qualifying Local Programs for Small Construction Sites Application Guidance
• State of South Carolina Construction General Permit
• State of South Carolina Guidance on NPDES Qualifying Local Programs
• Minutes

Regulatory Advisory Panel Meeting, Sept. 15, 2010

The second meeting of the reassembled Regulatory Advisory Committee (RAP) was held on September 15th in Senate Room #3 of the Capitol from 10:00 a.m. to 3:00 p.m. Subcommittees reported on their work and discussions of subcommittee recommended regulatory or policy revisions ensued.

• Agenda
• Water Quantity analyses
  • How does adding the 0.8 factor into the "energy balance" equation compare with the previous language
  • What are the resulting discharge rates for different development scenarios under the proposed criteria, as well as using meadow instead of forest as a base condition
• Minutes

Regulatory Advisory Panel Subcommittee Meetings, Sept. 1, 2010

The following four subcommittees met on September 1st in the Patrick Henry Building. Materials that were provided to the subcommittees prior to the meeting are attached under each subcommittee heading.

• Grandfathering
• Offsets
  • Virginia Soil and Water Conservation Board Guidance Document on Stormwater Nonpoint Nutrient Offsets
  • Virginia Department of Environmental Quality Guidance Document - Trading Nutrient Reductions from Nonpoint Source Best Management Practices in the Chesapeake Bay Watershed: Guidance for Agricultural Landowners and Your Potential Trading Partners
  • Discussion Paper - Nutrient Trading and Offset Compliance in the State of Virginia and the Bay Watershed
  • Discussion Paper - Nutrient Trading and Offset Compliance in the State of Virginia and the Bay Watershed Attachment C
  • CSN Technical Documentation of Cost Estimates
  • Redevelopment Requirements in the Chesapeake Bay Watershed
• Water Quality
  • Examples of Other States' Stormwater Management Requirements
  • Average Land Cover for Localities under the Chesapeake Bay Preservation Act
  • Citations on Managed Turf
  • DCR's impervious cover versus phosphorus load
  • Impervious Cover Model
  • State of Connecticut discussion of impervious cover
  • State of Delaware discussion of impervious cover
  • State of Rhode Island discussion of impervious cover
  • Runoff Coefficients - Moving Beyond Impervious Cover
  • Summary of Pollutant EMCs associated with stormwater hotspots
  • Simple Method General Pollutant Load Equation Solved for Incremental Impervious Cover Values
  • EPA Presentation on Part 438 of the Energy Independence and Security Act
  • EPA Discussion : 3 Keys to BMP Performance - Concentration, Volume and Total Load
  • Chapter 10 of the Virginia Stormwater Management Handbook (draft revisions)
  • CSN Technical Bulletin #8
  • CSN Newsletter #9
• Water Quantity
  • Sheet Flow References
  • Meeting Minutes

Regulatory Advisory Panel Subcommittee Meeting, Aug. 17, 2010

The local program subcommittee met on this date.

• Meeting Minutes

Regulatory Advisory Panel Subcommittee Meetings, Aug. 16, 2010

The following four subcommittees met on August 16th in the Patrick Henry Building. Materials that were provided to the subcommittees prior to the meeting are attached under each subcommittee heading.

• Grandfathering
• Offsets
• Water Quality
  • Study by Tom Schueler and others regarding impervious cover
• Water Quantity
  • Letter regarding water quantity methodologies
  • Table 1
  • Tabs
  • Fairfax Detention Method
  • Meeting Minutes

Regulatory Advisory Panel Committee Meeting, July 23, 2010

The first meeting of the reassembled Regulatory Advisory Panel (RAP) was held on July 23rd in Senate Room #3 of the Capitol from 10 a.m. to 3 p.m.

• Pictures from the first meeting
• Agenda
• List of Panel Members
• Regulatory Overview Presentation
• Suspended Final Stormwater Regulations
• Current Stormwater Regulations
• Meeting Minutes

30-day Public Comment Period on Final Stormwater Regulations (Feb. 15 through March 17, 2010): Public Comment Process and Materials

On December 9, 2009, the Virginia Soil and Water Conservation Board adopted revisions to the Virginia Stormwater Management Program (VSMP) Permit Regulations Parts I, II, and III (4 VAC 50-60), and then on January 14, 2010, in response to 25 petitions received during the 30-day final adoption period, suspended the effective date of this regulatory action in accordance with § 2.2-4007.06 of the Virginia Administrative Process Act to allow time for a 30-day public review and comment period on changes made since the original proposed regulation was approved on September 24, 2008.

• Notice of Suspension of Effective Date and Extension of Public Comment Period
• Final Regulations Parts I, II and III (Grey highlights represent changes made between proposed and the October 5th final version; Yellow highlights represent changes made between October 5th and December 9th versions)

Virginia Soil and Water Conservation Board Meeting, Dec. 9, 2009

The Virginia Soil and Water Conservation Board met on Wednesday, December 9, 2009, at 9:30 a.m. at the Sheraton Richmond West, 6624 West Broad Street in Richmond to consider final adoption of Parts I, II and III and Part XIII of the stormwater regulations.

• Agenda
• Comment Table and Responses for Stormwater Management Regulations (from 30-day public comment period)
• Draft Final Regulations Parts I, II and III (Amendments are shaded in grey)
• Draft Final Regulations Part XIII
• Draft Final Fee Form (DCR199-145)

30-day Public Comment Period on Final Stormwater Regulations (Oct. 26 through Nov. 25, 2009): Public Comment Process and Materials

On October 5, 2009, the Virginia Soil and Water Conservation Board adopted revisions to the Virginia Stormwater Management Program (VSMP) Permit Regulations Parts I, II, and III and Part XIII (4 VAC 50-60), and then suspended the effective date of these regulatory actions under § 2.2-4015 A 4 of the Virginia Administrative Process Act to allow time for a 30-day public review and comment period on changes made since the original proposed regulations were approved on September 24, 2008.

The public comment period ran from October 26, 2009 to November 25, 2009 and is now closed.

• Final Regulations Parts I, II and III (As adopted by the Board on October 5, 2009 and published in the Virginia Register on October 26, 2009)
• Final Regulations Part XIII (As adopted by the Board on October 5, 2009 and published in the Virginia Register on October 26, 2009)
• Final Regulations Parts I, II and III (As adopted by the Board on October 5, 2009)
• Final Regulations Part XIII (As adopted by the Board on October 5, 2009)
• Final Regulation Agency Background Document (Parts I, II and III)
• Final Regulation Agency Background Document (Part XIII)
• Notice of Suspension of Effective Date and Extension of Public Comment Period

Virginia Soil and Water Conservation Board Meeting, Oct. 5, 2009

• Agenda
• Draft Final Regulations Parts I, II and III and Part XIII
• Summary of Public Comment and Response
• Comment Table and Responses for Stormwater Management Regulations
• Final Regulations Parts I, II and III and Part XIII (As adopted by the Board on October 5, 2009)
• Final Regulations Parts I, II and III and Part XIII (As adopted by the Board on October 5, 2009 and published in the Virginia Register on October 26, 2009)

The Virginia Soil and Water Conservation Board met on Monday, Oct. 5, 2009, at 10:30 a.m. in the East Reading Room of the Patrick Henry Building in Richmond to consider adoption of Parts I, II and III and Part XIII stormwater regulations.

Virginia Soil and Water Conservation Board Meeting, Sept. 17, 2009

• Agenda
• Regulatory Discussion Document

The regulatory discussion document outlines potential changes being considered to the regulations to address key issues raised during the public comment period.