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SOIL & WATER CONSERVATION
Review of Local Erosion & Sediment Control Programs

In accordance with requirements of §10.1-561(E) of the Virginia Erosion and Sediment Control Law and 4VAC50-30-90(B) of Virginia Erosion and Sediment Control Regulations, the Virginia Soil and Water Conservation Board is required to conduct a comprehensive review and evaluation of all locally operated erosion and sediment control (ESC) programs to ensure that local programs meet minimum standards of effectiveness in controlling soil erosion, sediment deposition and nonagricultural runoff set forth by the law and regulations. The reviews, which are performed by DCR field staff, include informal communication and meetings between DCR and local program staff. Each local program is slated for review at least once every five years.

Staff reviews the following local program components:

  1. Administration - review of local ordinances, staff credentials and general program adminstration.
  2. Plan Review - review of approved ESC plans for content and in terms of their meeting requirements of the law and regulations and review procedures, as well as variances granted.
  3. Inspection - review of the frequency of site inspections and documentation and review of active projects for compliance with the approved plan and ESC law and regulations.
  4. Enforcement - review of enforcement policies and documentation.

The Virginia Soil and Water Conservation Board makes the final decision on all program reviews performed by DCR staff. In order for a program to be found by the board to be consistent with the law and regulation, a program may score no lower than 70 out of 100 possible points in each of four program components. If one or more of the components scores less than 70, the program is deemed inconsistent.

The program review sites specific areas where a given program has failed to meet minimum standards of effectiveness in terms of Virginia ESC law and regulations. To address these areas, the board adopts a corrective action agreement (CAA) on the date it finds the local program inconsistent; the agreement guides the local program in how to take the steps needed to make its program consistent. The CAA has a list of the program areas found inconsistent and notes specific remedies required. The locality's deadline for completing actions described in CAA is 180 days from the date of the board's finding of inconsistency. To indicate the locality's intent to complete actions detailed within the CAA, the agreement must be signed and returned to DCR by a representative of the locality within 30 days of the finding. Upon receipt of a signed CAA by DCR, the status of the local ESC program will be changed from inconsistent to conditionally consistent pending corrective action.

Local program review (LPR) worksheets, checklists and documents (PDFs)

Locality - Status

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