2006 Code of Virginia § 10.1-603.3 - Establishment of stormwater management programs by localities

10.1-603.3. Establishment of stormwater management programs by localities.

A. Any locality located within Tidewater Virginia as defined by theChesapeake Bay Preservation Act ( 10.1-2100 et seq.), or any locality thatis partially or wholly designated as an MS4 under the provisions of thefederal Clean Water Act, shall be required to adopt a local stormwatermanagement program for land disturbing activities consistent with theprovisions of this article according to a schedule set by the Board but nosooner than 12 months and not more than 18 months following the effectivedate of the regulation that establishes local program criteria and delegationprocedures.

B. Any locality not specified in subsection A may elect to adopt andadminister a local stormwater management program for land disturbingactivities pursuant to this article. Such localities shall inform the Boardand the Department of their initial intention to seek delegation for thestormwater management program for land disturbing permits within six monthsfollowing the effective date of the regulation that establishes local programcriteria and delegation procedures. Thereafter, the Department shall providean annual schedule by which localities can submit applications for delegation.

C. In the absence of the delegation of a stormwater management program to alocality, the Department will administer the responsibilities of this articlewithin the given jurisdiction.

D. The Department shall develop a model ordinance for establishing a localstormwater management program consistent with this article.

E. Each locality that is required to or that elects to adopt and administeran approved local stormwater management program shall, by ordinance,establish a local stormwater management program that may be administered inconjunction with a local MS4 program and a local erosion and sediment controlprogram, which shall include, but is not limited to, the following:

1. Consistency with regulations adopted in accordance with provisions of thisarticle;

2. Provisions for long-term responsibility for and maintenance of stormwatermanagement control devices and other techniques specified to manage thequality and quantity of runoff; and

3. Provisions for the integration of locally adopted stormwater managementprograms with local erosion and sediment control, flood insurance, floodplain management, and other programs requiring compliance prior toauthorizing construction in order to make the submission and approval ofplans, issuance of permits, payment of fees, and coordination of inspectionand enforcement activities more convenient and efficient both for the localgovernments and those responsible for compliance with the programs.

F. The Board shall delegate a local stormwater management program to alocality when it deems a program consistent with this article.

G. Delegated localities may enter into agreements with soil and waterconservation districts, adjacent localities, or other entities to carry outthe responsibilities of this article.

H. Localities that adopt a local stormwater management program shall have theauthority to issue a consolidated stormwater management and erosion andsediment control permit that is consistent with the provisions of the Erosionand Sediment Control Law ( 10.1-560 et seq.).

I. Any local stormwater management program adopted pursuant to and consistentwith this article shall be considered to meet the stormwater managementrequirements under the Chesapeake Bay Preservation Act ( 10.1-2100 et seq.)and attendant regulations.

(1989, cc. 467, 499; 2004, c. 372; 2006, c. 171.)