New Stormwater Management Regulations - July 1, 2014
On July 1, 2014, NEW Stormwater Management (SWM) regulations and requirements went into effect and with that Fauquier County began operating its Virginia Stormwater Management Program (VSMP). In preparation for implementing the VSMP within Fauquier County revisions and updates to the Stormwater Management/Erosion and Sediment Control Ordinance (Chapter 11 of the County Code) and Chapter 2 of the Fauquier County Design Standards Manual (DSM) were approved by the Board of Supervisors on June 12, 2014. Links to these documents are provided below. The new regulations require stormwater management for all construction activities with one acre or more of land disturbance, except for those specifically exempted in Section 11-1.5 of the SWM/E&S Ordinance. Additionally there are specific requirements related to the construction of single-family residences. Single-Family residences are considered covered by the General Permit and are therefore not required to submit a registration statement. An Agreement-in-Lieu of a Stormwater Management Plan will be required for single-family residences.
Moving forward all Construction VPDES General Permit registration statements that were previously submitted to DEQ must now be submitted to Fauquier County with an application for a Land Disturbing Permit (LDP). Virginia Stormwater Management Authority Permits will be issued by the County with General VPDES Permits for Discharges of Stormwater from Construction Activities being issued by DEQ. VSMP Permit fees will be paid directly to the County with first half due with the submission of the application and the second half due prior to issuance of the permit. A Land Disturbing Permit cannot be issued until the State has issued the Construction General Permit. This may take up to two (2) weeks.
Who Is Required to Comply with and Impacted by these Regulations
- Commercial/Industrial construction activity resulting in land disturbance equal to or greater than one acre or resulting in land conversion to impervious surface equal to or greater than 10,000 square feet.
- Agricultural construction activity resulting in land disturbance equal to or greater than 1 acre.
- Residential subdivisions resulting in land disturbance equal to or greater than 1 acre.
- Construction activities resulting in land disturbance less than one acre that are part of a larger common plan of development or sale that ultimately disturbs one or more acres. A larger common plan of development or sale is a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules. General permit coverage is required if one or more acres 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.
Single-Family Detached Residential Structures
- Single-family detached residential structures that disturb less than one acre of land and that are not part of a larger common plan of development or sale (e.g., subdivision), including additions or modifications to existing single-family detached residential structures, do not require coverage under the general permit.
- Single-family detached residential structures that disturb less than one acre of land and that are part of a larger common plan of development or sale (e.g., subdivision) require coverage under general permit. In addition, single-family detached residential structures that disturb equal to or greater than one acre of land require coverage under the general permit. Operators of these land-disturbing activities are authorized to discharge under the general permit and are not required to submit a registration statement or the Department of Environmental Quality portion of the permit fee. Operators must also comply with the terms and conditions of the general permit including the preparation of a Stormwater Pollution Prevention Plan (SWPPP).
Stormwater Pollution Prevention Plans (SWPPP)
The construction general permit issued by DEQ requires the development and implementation of a site specific SWPPP. The SWPPP must be prepared prior to submitting a registration statement for permit coverage to Fauquier County. The SWPPP is to be retained at the construction site along with a copy of the general permit and general permit coverage letter. The operator of the construction must develop, implement and maintain the SWPPP and must commit the resources necessary to prevent pollution. Random site inspections for compliance with the general permit, including SWPPP review, may be conducted by Fauquier County or DEQ staff.
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 Part II of the general permit.
- Construction General Permit Registration Statement
- Construction General Permit Notice of Termination
- Construction General Permit Transfer of Ownership Agreement
- Fauquier County Land Disturbing Permit Application with an Agreement in Lieu of an E&S and SWM Plan
- Fauquier County Land Disturbing Permit Application
- Fauquier County Fee Schedule
- Single-Family Detached Residential Structure Coverage Letter
- Stormwater Pollution Prevention Plan (SWMPPP) Template (For Single Family Residences Only)
- Fauquier County SWM/E&S Ordinance
- Chapter 2 of the Fauquier County DSM
- Virginia Stormwater Management Act
- Virginia Stormwater Management Program (VSMP) Regulation (9VAC25-870)
- General Permit for Discharges of Stormwater Activities (9VAC25-880)
- 2014 Construction General Permit for Discharges of Stormwater From Construction Activities
- Department of Environmental Quality
- Hydrologic Unit Codes (HUC)
- Instructions for completing the registration statement for longitude and latitude & HUC
- Kerry Wharton, Environmental Program Manager
540-422-8240 or firstname.lastname@example.org
- Jim Sawyer, County Soil Scientist
540-422-8240 or email@example.com
- Chuck Floyd, AICP, Assistant Chief of Zoning & Development Services
540-422-8220 or firstname.lastname@example.org
Date Last Modified: 01/26/2015