Virginia Stormwater Management Program

The 2004 Virginia General Assembly unanimously passed House Bill 1177 transferring regulatory authority of National Pollutant Discharge Elimination System (NPDES) programs related to municipal separate storm sewer systems (MS4) and construction activities from the State Water Control Board to the Soil and Water Conservation Board and transferred oversight of these programs from the Department of Environmental Quality to the Department of Conservation and Recreation. This transfer became effective January 29, 2005. As a result, DCR is responsible for the issuance, denial, revocation, termination and enforcement of NPDES permits for the control of stormwater discharges from MS4s and land disturbing activities under the Virginia Stormwater Management Program. The Department of Environmental Quality continues to manage the remaining NPDES program. Click here to visit the Virginia Stormwater Management Program Permitting web page.

Stormwater Management Assistance and Complaints

The first step in reporting a possible violation of Virginia Stormwater Law and Regulations is to contact the locality in which the observed violation occurred. If the locality fails to respond to the alleged violation, contact the regional DCR office that serves your locality. Throughout Virginia, there are eight such offices in which staff serve local governments, citizen groups and citizens.

Stormwater Management

The Virginia Stormwater Management Program seeks to protect properties and aquatic resources from damages caused by increased volume, frequency and peak rate of stormwater runoff. Further, the program seeks to protect those resources from increased nonpoint source pollution carried by stormwater runoff.

Quantity of Stormwater Runoff - Pervious surfaces, such as meadows and woodlands, absorb and infiltrate rainfall hence generate little runoff. Urban landscape typically covers such areas with impervious surfaces, such as pavement and rooftops. These impervious surfaces generate runoff every time it rains. (A typical city block generates nine times more runoff than a woodland area of the same size!) The quantity of runoff from these areas quickly overwhelms natural channels and streams, often causing channel erosion, localized flooding and property damage.

Quality of Stormwater Runoff - The pervious and impervious surfaces in the urbanizing landscape collect pollutants such as automobile oil, grease, brake pad dust, sediment from construction sites, bacteria from animal waste, excess lawn care fertilizers and pesticides, as well as atmospheric deposition of phosphorus, nitrogen and other airborne pollutants. Rainfall washes these surfaces so that the initial flush of runoff can carry high concentrations of these pollutants to nearby drinking water supplies, waterways, beaches and properties. Pollution washed from the land surface by rainfall is called nonpoint source pollution.

Click here to learn about an informational brochure and associated video entitled After the Storm, co-produced by the Weather Channel and EPA. These items can be used by localities to fulfill public outreach requirements under the permitting program.

To address concerns associated with the quantity and quality of stormwater runoff from developed landscape, the Virginia General Assembly in 1990 established Virginia's Stormwater Management (SWM) Program.

Program Overview

SWM programs are implemented according to the Virginia Stormwater Management Law and Virginia Stormwater Management Regulations (VSWML&R). The law is codified at Title 10.1, Chapter 6, Article 1.1 of the Code of Virginia and the Regulations are found at Section 4VAC3-20 of the Virginia Administrative Code. [Click here for associated download(s).] These statutes specifically set forth regulations regarding land development activities to prevent water pollution, stream channel erosion, depletion of groundwater resources, and more frequent localized flooding to protect property value and natural resources. SWM programs operated according to the law are intended to address these adverse impacts and comprehensively manage the quality and quantity of stormwater runoff on a watershed-wide basis.

Regulated Activities

Residential, commercial, industrial or institutional land development and conversion activities that involve land-clearing or soil movement are regulated. However, the following activities are exempt:

Permitted surface or deep mining operations and projects, or oil and gas operations;
Tilling, planting or harvesting of agricultural, horticultural, or forest crops;
Single-family residences or modifications to existing residences not part of a subdivision;
Land development projects that disturb less than one acre, unless lowered by the locality; and
Linear development projects, provided that (i) less than one acre of land will be disturbed per outfall or watershed, (ii) there will be insignificant increases in peak flow rates, and (iii) there are no existing or anticipated flooding or erosion problems downstream from the discharge point.

SWM Programs

DCR oversees regulated activities undertaken on state and federal property, while localities (counties, cities, towns) have the option to establish a local SWM program to regulate these same activities on private property in their jurisdiction.

State stormwater regulations promote consistency among local SWM programs by developing technical criteria and administrative procedures with which property owners and agents must comply. Specifically, land development and land use conversion activities must prepare and seek approval of a SWM plan, also referred to as a Stormwater Pollution Prevention Plan by EPA, that describes all SWM controls and policies to be used to control the quantity and quality of stormwater runoff from the activity.

The regulations also provide a framework for regional (watershed-wide) stormwater plans. Regional plans allow for the strategic placement of stormwater controls to achieve stormwater quality and quantity benefits for large areas. The regulations were written so that all parties will work together to implement a consistent program to restore and protect watersheds across political boundaries.

DCR SWM Program Support

DCR's SWM Program develops technical criteria and policies to support statewide implementation of the program. DCR engineers serve as the approval authority for SWM plans for projects on state and federal lands and inspect these projects to ensure compliance. Staff engineers also help localities, whether or not they have adopted an SWM program in accordance with VSWML&R, by reviewing ordinances and programmatic guidance and providing technical assistance to ensure compliance and to promote innovative, cost-effective solutions for protecting natural resources. [Click here for associated download(s).]

Virginia Stormwater Management Handbook

DCR in 1999 published the Virginia Stormwater Management Handbook to serve as the primary guidance for SWM programs regarding basic hydrology and hydraulics, stormwater best management practice design and efficiency, and administrative guidelines to support compliance with state stormwater regulations. Also available are several associated technical bulletins not addressed in the handbook. [Click here for associated download(s).]

Publications/Downloads

Download Guidance

Publications in support of the Stormwater Management Program are available for download (or order forms for the document) in Adobe Acrobat Portable Document Format (PDF) below. Version 4.0 or later of the free Adobe Acrobat Reader Software is required to download these documents. Adobe Acrobat Reader 5 is available from the Adobe website. To save a PDF document, right-click on the link below and save the "target" file to your computer. Users with a standard phone line connection and/or an older PC, should download documents by section whenever that option is provided to reduce download time and ensure intact files.

DCR Urban Program Contacts Reference (PDF) provides contact information and service areas for DCR's central and regional offices SWM staff across the state.

Economic Benefits of Protecting Virginia's Streams, Lakes and Watersheds - click here (PDF, 270K)

Local Stormwater Management Program Review Checklist - click here (PDF, 10K)

2006 Low Impact Development Order Form (PDF) for Reining in the Storm: One Building at a Time (DVD format; 30-minutes) and Low Impact Development: A Tutorial and Toolkit (data CD that includes a presentation with audio and LID references, manuals, brochures, worksheets, code examples, etc.; produced by Friends of the Rappahannock, 2004)

Stormwater Management Enforcement Manual (PDF)

Virginia Stormwater Management Law (PDF). Virginia Stormwater Management Regulations (PDF). Virginia Stormwater Utility Law, effective July 1, 2001 (PDF). Note that an official, unedited text of these SWM statutes can be accessed at the Division of Legislative Services website.

VSMP Construction Permit Inspection Report and Stormwater Programs Site Inspection Report (DCR199-169.pdf, PDF)

VSMP Construction Permit Inspection Report and Stormwater Programs Site Inspection Report (PDF), detailed version (DCR199-170.pdf, PDF)

Virginia Stormwater Management Handbook, Volumes 1 and 2, First Edition, 1999 - Download options:

Order Form for hardcopy of the Virginia Stormwater Management Handbook, Volumes 1 and 2, First Edition, 1999 (PDF, 45K).

By Volume
Volume I - Intro and Chapters 1-3, complete (PDF, 16.0 MB)
Volume II - Chapters 4-6 and Glossary, complete (PDF, 20 MB)

By Chapter
Chapter 1 - Program overview (PDF, 572K)
Chapter 2 - Stormwater and Urban BMPs (PDF, 518K)
Chapter 3 - Minimum Standards - design specs, maintenance requirements, etc. (PDF, 14.7 MB)
NOTE: the following downloads are the 14 subsections and Appendix that constitute Chapter 3.
3.01 Earthen Embankments (PDF, 419K)
3.02 Principal Spillways (PDF, 641K)
3.03 Vegetated Emergency Spillway (PDF, 238K)
3.04 Sediment Forebay (PDF, 258K)
3.05 Landscaping (PDF, 432K)
3.06 Retention Basins (PDF, 483K)
3.07 Extended Detention Basin (PDF, 722K)
3.08 Detention Basin (to be provided later)
3.09 Constructed Wetlands (PDF, 389K)
3.10 Infiltration Practices (PDF, 760K)
3.11 Bio-Retention (PDF, 1,921K)
3.12 Sand Filters (PDF, 3,889K)
3.13 Grassed Swale (PDF, 459K)
3.14 Vegetated Filter Strip (PDF, 718K)
3.15 Manufactured BMP Systems (PDF, 3.4 MB)
Chapter 3 Appendix (172K)
Chapter 4 - Hydrologic Methods (PDF, 8.9 MB)
Chapter 5 - Engineering Calculations (PDF, 10 MB)
Chapter 6 - Example Problems (PDF, 5 MB)
Glossary (PDF, 176K)

Virginia Stormwater Management Program - Technical Bulletins
Technical Bulletin #1: Stream Channel Erosion Policy Guidance (PDF, 59K)
Technical Bulletin #2: Hydrologic Modeling and Design in Karst (PDF, 49K)
Technical Bulletin #3: Minimum Standard 3.10E - Plastic Chamber Systems (PDF, 500K)
Technical Bulletin #4: Performance- and Technology-Based Water Quality Criterion (PDF, 260K)
Technical Bulletin #6: Minimum Standard 3.11C - Filterra Bioretention Filter System (PDF, 243K)
Technical Bulletin #7: Minimum Standard 3.02 - Principal Spillway Trash Racks (PDF, 155K)
Technical Bulletin #8: Vector Control, Mosquitoes and Stormwater Management (PDF, 36K)

Engineers' Toolkit: Virginia Stormwater Management Program (VSMP) Permit Regulations (effective Jan. 29, 2005)

Stormwater Management local model ordinance (2001)

Questions about the Virginia Stormwater Management Program
or Erosion and Sediment Control Program?
Just write SWMESquestions@dcr.virginia.gov.