Virginia Regulatory Town Hall
Department of Conservation and Recreation
Virginia Soil and Water Conservation Board
Stormwater Management Regulations AS 9 VAC 25-870 [4 VAC 50 ‑ 60]
Action Amend Parts I, II, and III of the Virginia Stormwater Management Program Permit Regulations to address water quality and quantity and local stormwater management program criteria.
Stage Proposed
Comment Period Ended on 8/21/2009
Previous Comment     Next Comment     Back to List of Comments
8/21/09  9:54 am
Commenter: Daun Klarevas, christopher consultants

Proposed Virginia Stormwater Management Program Permit Regulations

These proposed VSMP regulations will inhibit redevelopment, promote sprawl and hurt economic development (small business owners).   The proposed regulations will deter redevelopment due to the costs to implementing larger best management practices (BMP) and stormwater management (SWM) controls onsite.   These costs will be harder for the developer to pass-on due to the current economic situation.  This will in-turn cause sprawl, not only for the redeveloped site but also for new development. 

The sprawl is caused by the acquisition of enough land in order to implement these new BMP/SWM measures.  In order to obtain the necessary nutrient reductions multiple and larger facilities would need to be constructed.  Previously, a single SWM pond would be used.

These regulations will also hurt small business owners or individuals who wish to start a small business on their own property.  This will require additional funding from banking institutions in order to construct the infrastructure.  Utilizing the new regulations, a small commercial site will no longer be able to function with a small SWM pond.  This site will now require extensive facilities. 

Perhaps, other avenues of nutrient reduction should be investigated, such as public education, set up a stormwater management fund, elimination of combined sewer overflows and BMP measures for agricultural lands.  Public education will inform private citizens of the detrimental effects of lawn care (excessive use of fertilizers, herbicides, insecticides, etc.) and encourage use of infiltration on down spouts.  The stormwater management fund can be setup by implementing taxes on the sale of fertilizers for commercial, residential and agricultural use, taxes on lawn care companies,  and impervious area tax (commercial and residential).  This fund can help municipalities rehabilitate existing BMP/SWM facilities, assist with constructing BMP/SWM facilities for communities that were constructed prior to SWM regulations, and assist with the agricultural BMPs (including stream bank fencing and water source alternatives (pumps to divert water into storage tanks/water towers)).

CommentID: 9839