Virginia Regulatory Town Hall
 
Agency
Department of Environmental Quality
Board
State Water Control Board
chapter
Virginia Erosion and Stormwater Management Regulation [9 VAC 25 ‑ 875]
Action is Exempt from Article 2 of the Administrative Process Act
Action:
Amendment to the Virginia Erosion and Stormwater Management Regulation (9VAC25-875 et seq.) in response to Chapters 5 and 104 of the 2024 Virginia Acts of Assembly
Action 6521
 
General Information
Action Summary Chapters 5 and 104 of the 2024 Virginia Acts of Assembly (Del. Wiley, HB 656 and Sen. DeSteph, SB 365) revise state law to fix a “Catch-22” in the law which, if unresolved, could stop land-disturbing projects in certain localities on and after July 1, 2024. The “Catch-22” that these bills fix arises because one provision of the 2016 Stormwater and Erosion and Sediment Control Consolidation Bill, Chapters 68 and 758 of the 2016 Acts of Assembly, states that a locality that does not operate a Virginia Stormwater Management Program cannot approve erosion and sediment control plans for a project until DEQ has issued stormwater permit coverage for the project. However, another provision in this law states that DEQ cannot issue stormwater permit coverage for a project until the locality has approved the erosion and sediment control plans for the project. These bills fix the “Catch-22” by setting up a sequence where the locality will review and approve erosion and sediment control plans, and then obtain evidence of stormwater permit coverage before issuing its land disturbance approval. This regulatory amendment makes the regulation consistent with state law.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and will be reviewed by the Governor's Office.
RIS Project Yes  [7901]
Associated Mandates Regulated land-disturbing activities; submission and approval of erosion and sediment control plan.
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
10405 Final Stage complete. This regulation became effective on 09/25/2024.
 
Contact Information
Name / Title: Rebeccah W. Rochet, P.E   / Deputy Director, Division of Water Permitting
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address: rebeccah.rochet@deq.virginia.gov
Phone: (804)801-2950    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.