Virginia Stormwater Management Program Permits

General Information

DCR is responsible for the issuance, denial, revocation, termination and enforcement of individual and general VSMP permits for the control of stormwater discharges from MS4s and construction activities. DCR administers these program through Virginia Stormwater Management Program Permit (VSMP) Regulations (PDF), authorized by the Virginia Stormwater Management Act (PDF).

Forms for the General Permit for Discharges of Stormwater from Construction Activities

To apply for permit coverage a registration statement form DCR199-146 must be completed and submitted to DCR. If a fee is required the application fee form DCR 199-145 must be completed and submitted to DCR along with the appropriate fee.

VAR10 forms effective July 1, 2009, to June 30, 2014:

Registration Statement for Permit Coverage (PDF)
Fee Form for Permit Coverage (PDF)
Notice of Termination (PDF)
VAR10 General Permit for Discharges from Construction Activities (PDF)
Checklist for Assistance in Mailing in Complete Forms (PDF)

The VSMP General Permit Registration Statement for Discharges from Construction Activities must be completed and mailed to:

Department of Conservation and Recreation
Stormwater Permitting
203 Governor Street, Suite 206
Richmond, VA 23219

The Application Fee form must be completed and submitted with payment to:

Department of Conservation and Recreation
Division of Finance, Accounts Payable
ATTN: Stormwater Permits
203 Governor Street
Richmond, VA 23219

Who Must Apply for Permit Coverage to Discharge Stormwater from a Construction Activity?

Operators of construction activities resulting in land disturbance equal to or greater than one acre.
Operators of construction activities resulting in land disturbance equal to or greater than 2,500 square feet and less than one acre within areas designated as subject to the Chesapeake Bay Preservation Act.
Construction activities with land disturbance less than one acre that are part of a larger common plan of development or sale that disturb one or more acres. A larger common plan of development or sale is a contiguous area where separate and distinct construction may be taking place at different times on different schedules. A permit is required if one or more acres, or 2,500 square feet or more in all areas designated as subject to the Chesapeake Bay Preservation Act, of land will be disturbed, regardless of the size of the individually owned or developed sites. For example, if a developer buys a 20-acre lot and builds roads with the intention of building homes or other structures in the future, or if the land is parceled off or sold, and construction occurs on plots that are less than an acre by separate, independent builders, these activities would still be subject to stormwater permitting requirements. A larger common plan of development or sale applies to various types of land development including but not limited to residential, commercial or industrial use.

Fees for the General Permit for Discharges of Stormwater from Construction Activities

The permit fee for a construction activity with land disturbance of at least one acre and less than five acres is $300.
The permit fee for a construction activity with land disturbance of at least five acres is $500.
Permit fees for construction activities that are part of a larger common plan of development or sale is determined by the entire land disturbance area of the common plan of development or sale, not the land disturbance area of the parcel contained within the common plan of development or sale. For example, the permit fee for a construction activity that is part of a common plan of development or sale where the total land disturbance of all parcels in the development is at least five acres is $500.
There is no fee for construction activity resulting in land disturbance of at least 2,500 square feet and less than one acre in all areas designated as subject to the Chesapeake Bay Preservation Act if it is not part of a common plan of development or sale.

Stormwater Pollution Prevention Plans (SWPPP)

The construction general permit requires the construction site operator to develop and implement a site specific SWPPP. Those seeking the permit must thoroughly read and understand its requirements. The SWPPP must be prepared prior to submitting a registration statement for permit coverage to DCR. The SWPPP is to be retained at the construction site along with a copy of the permit and permit coverage letter. The operator has the lead in developing, implementing and maintaining the SWPPP and committing the resources necessary to prevent pollution. Random site inspections for compliance with the general permit, including SWPPP review, are conducted by DCR and EPA staffs.

The SWPPP outlines the steps and techniques the operator will take to comply with the terms and conditions of the permit, including water quality and quantity requirements that are consistent with the VSMP permit regulations, to reduce pollutants in the stormwater runoff from the construction site. The SWPPP also specifies all potential pollutant sources that could enter stormwater leaving the construction site and covers methods used to reduce pollutants in stormwater runoff during and after construction. A complete list of SWPPP requirements is contained in the permit.

The following are major components of a SWPPP:

A cover or title page that has the project name and location, operators name and contact information, and SWPPP contacts;
A list of parties responsible for implementing each pollution control measure in the SWPPP including contact information;
A site and activity description, including the function of the project, area to be disturbed, potential pollutant sources, schedule of grading and nearest receiving waters;
A site map indicating drainage patterns, location of structural and nonstructural pollution controls measures identified in the SWPPP, surface waters, stormwater discharges to surface water, locations of off-site support activities (e.g. borrow area, disposal area, concrete or asphalt batch plants, equipment or material storage areas) covered by the SWPPP, location of sanitary waste facilities, and location of potential pollutant sources such as fuel, fertilizer and chemical storage;
Erosion and sediment control (ESC) practices with design calculations (this may be fulfilled by referencing an approved state or local ESC plan);
A description of post development stormwater management (SWM) measures, including design calculations, to be installed (this may be fulfilled by referencing an approved state or local SWM plan);
Description and schedule of procedures to maintain controls; and
Written records of site inspections performed by a professional engineer or DCR-certified RLD, inspector or combined administrator, and the follow-up maintenance that is required and performed.

Additional Information

Virginia Stormwater Management Act (PDF)

Virginia Stormwater Management Programs Permit Regulations (PDF)

Engineers' Toolkit: Virginia Stormwater Management Program (VSMP) Permit Regulations (PDF)

VSMP Construction Permit Inspection Report and Stormwater Programs Site Inspection Report (PDF)

VSMP Construction Permit Inspection Report and Stormwater Programs Site Inspection Report, detailed version (PDF)

EPA’s Developing Your Stormwater Pollution Prevention Plan

Click here (PDF) for instructions to retrieve GIS files, the maps or both for sixth-order hydrologic unit codes (HUC).

Click here (PDF) for the impaired 2008 305(b)/303(d) Water Quality Assessment Integrated Report.

Click here to search a list of impaired waters.

DCR Staff Contacts: Please contact your nearest DCR regional office if you have questions regarding the general permit.

Abingdon area: (276) 676-5529, Elizabeth Abe
Clarksville: (434) 374-3648, Wesley Haskins
Christiansburg area: (540) 394-2581, Don Packard
Fredericksburg area: (804) 443-3026, Troy Smith
Richmond area: (804) 225-3068, Matthew Grant
Staunton area: (540) 332-9225, Mark Chambers
Suffolk area: (757) 925-2232, Phillip Winslow
Tappahannock area: (804) 443-8230, Kevin Landry
Warrenton area: (540) 347-6432, Marian Carroll

Please contact the DCR central office if you have questions regarding the registration statement (application) - phone (804) 225-2613, email holly.sepety@dcr.virginia.gov.

Municipal Separate Storm Sewer System Permits

Many diffuse sources contribute the pollutants found in stormwater runoff. These pollutants include: excess fertilizers, herbicides and insecticides from residential areas; oil, grease and toxic chemicals from roadways and parking lots; sediment from improperly managed construction sites; bacteria and nutrients from pet waste, failing sanitary sewers and faulty septic systems; and carelessly discarded trash, such as cigarette butts, paper wrappers and plastic bottles. When they enter nearby waterways, these pollutants can impair them, discouraging recreational use of the resource, contaminating drinking water supplies, and interfering with habitat for fish, other aquatic organisms and wildlife.

Often polluted stormwater runoff is collected and discharged through municipal separate storm sewer systems (MS4s). MS4s are conveyances, including road drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels and storm drains designed to collect and convey stormwater, which are owned or operated by a federal, state or local government entity. MS4s are not systems that are part of a "publicly owned treatment works system" (sewage collection, transportation and treatment) or part of a combined sewer (a system designed to carry both sanitary wastes and stormwater to the sanitary sewer treatment plant). Privately owned and operated drainage systems also are not considered MS4s.

Discharges from MS4s are regulated under the Virginia Stormwater Management Act and the Clean Water Act as point source discharges. MS4 regulations were developed and implemented in two phases. Implementation of the first phase began in the early 1990s and required that operators of MS4s serving populations of greater than 100,000 people (per the 1990 census) apply for and obtain a permit to discharge stormwater from their outfalls.

Stormwater discharges from Phase I municipal separate storm sewer systems are authorized under individual VSMP permits. Under these permits, the MS4 owner/operator must implement a collective series of programs to reduce the discharge of pollutants from the given storm sewer system to the maximum extent practicable in a manner that protects the water quality of nearby streams, rivers, wetlands and bays.

The programs must include elements to:

Operate and maintain structural stormwater controls.
Control discharges from areas of development and significant redevelopment.
Operate and maintain public streets, roads and highways.
Identify, monitor and control discharges from municipal waste treatment, storage or disposal facilities.
Control pollutants related to application of pesticides, herbicides and fertilizers.
Implement an inspection program to enforce ordinances, which prohibit illicit connections and illegal dumping into the MS4.
Screen the MS4 for illicit connections and illegal dumping.
Implement standard investigative procedures to identify and terminate sources of illicit connections or discharges.
Prevent, contain and respond to spills that may discharge into the MS4.
Limit the infiltration of sanitary seepage into the MS4.
Identify, monitor and control discharges from municipal landfills; hazardous waste treatment, storage, disposal and recovery facilities; facilities subject to EPCRA Title III, Section 313; and any other industrial or commercial discharge the permittee determines to be contributing a substantial pollutant loading to the MS4.
Control pollutants in construction site runoff.
Conduct public education on stormwater.

The second phase of MS4 regulations became effective March 23, 2003, and requires that operators of small MS4s in "urbanized areas" (as defined by the U.S. Census Bureau's latest decennial census) obtain permit coverage for stormwater discharges. Click here for maps detailing current urbanized areas in Virginia.

Small MS4s include storm sewer systems operated by cities, counties, towns, federal facilities such as military bases, Veteran’s Affairs hospitals and research facilities, Department of Defense facilities and parkways, and state facilities such as VDOT, community colleges and public universities. Discharges from small MS4s are regulated under the General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems (PDF).

Under that permit, small MS4s must develop, implement and enforce a program that includes the following “six minimum control measures":

Public education and outreach on stormwater impacts.
Public involvement and participation.
Illicit discharge detection and elimination.
Construction site stormwater runoff control.
Post-construction stormwater management in new development and redevelopment.
Pollution prevention/good housekeeping for municipal operations.

Similar to the phase 1 programs, small MS4 programs must be designed and implemented to control the discharge of pollutants from their storm sewer system to the maximum extent practicable in a manner that protects the water quality in nearby streams, rivers, wetlands and bays.

Given the wide variability of the amount of pollutants in stormwater at any given time and the difficulty in determining their actual impacts on water quality, MS4 permits are based on an iterative Best Management Practice (BMP) strategy. This strategy, which is consistent with EPA’s Interim Permitting Approach for Water Quality-Based Effluent Limitations in Storm Water Permits, takes an iterative approach to reducing pollutants in stormwater. For MS4s, the operator selects and implements BMPs to reduce the pollutant load in the stormwater. These BMPs can be programmatic, such as ordinances, inspections, and educational activities, or project-oriented, such as detention ponds, retention ponds and constructed wetlands.

Once implemented, BMPs are evaluated by the MS4 for effectiveness and efficiency in reducing pollutants in stormwater as well as appropriateness for the specific MS4. When necessary, refinements or modifications are made to how the BMP is implemented. There are many parameters that an MS4 operator can use to evaluate a particular BMP. As the MS4 regulations are water quality based regulations, however, the effectiveness of the BMP to reduce pollutants in the stormwater discharge must be included.

Click here (PDF) for a list of the permitted MS4s as of Oct. 5, 2009.

Information regarding the MS4 program, including information for MS4 operators to use, is at ftp.dcr.virginia.gov/MS4/.

To access this material use:
Username: guest
Password: c0nserv (that is a zero in c0nserv, and there’s no e at the end

Internet Explorer 7 (IE7) cannot be used to access data on DCR’s FTP server (IE7 has no built-in FTP client). New computers are likely to have IE7. The recommended solution is to instead use Windows Explorer. Thus, to access the information, please use Windows Explorer and look under the Urban Maps subdirectory.

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