There are several problems with this legislation beginning with but not limited to the following:

• The regulations call for a statewide phosphorus standard of 0.28 lb/ac/yr.  This is an across the board standard making it far more onerous to create any places of high density or imperviousness.
• The regulations call for retention standards of 1” of runoff (90% of storms) versus the current 1/2” of runoff (75%), mandating more open wet and dry ponds that are counterproductive in creating walkable places.
• The regulations allow the localities to NOT use some of the toolbox options recommended by the state, such as cisterns, green roofs, etc.  This is likely to happen because they don’t want to be directly responsible for the many thousands of BMPs that these regulations would require.
• The regulations consider any conversion of woods to parks, ballfields, yards, and open spaces, to be “managed turf”.  These managed turf areas will be deemed to be between 20-25% impervious, requiring more BMPs just for them, thus making it more expensive to develop.
• The regulations ignore that a majority of the phosphorus delivered to the Chesapeake Bay is from agricultural uses.  

The proposed changes be rejected.  The Department should more thoroughly study the regulations and propose more realistic standards to preserve water quality here in Virginia.