Virginia Stormwater
Management Program

Stormwater Management - The Virginia Stormwater Management Program seeks to protect properties and aquatic resources from damages caused by increased volume, frequency and peak rate of stormwater runoff. Further, the program seeks to protect those resources from increased nonpoint source pollution carried by stormwater runoff.

Quantity of Stormwater Runoff - Pervious surfaces, such as meadows and woodlands, absorb and infiltrate rainfall hence generate little runoff. Urban landscape typically covers such areas with impervious surfaces, such as pavement and rooftops. These impervious surfaces generate runoff every time it rains. (A typical city block generates nine times more runoff than a woodland area of the same size!) The quantity of runoff from these areas quickly overwhelms natural channels and streams, often causing channel erosion, localized flooding and property damage.

Quality of Stormwater Runoff - The pervious and impervious surfaces in the urbanizing landscape collect pollutants such as automobile oil, grease, brake pad dust, sediment from construction sites, bacteria from animal waste, excess lawn care fertilizers and pesticides, as well as atmospheric deposition of phosphorus, nitrogen and other airborne pollutants. Rainfall washes these surfaces so that the initial flush of runoff can carry high concentrations of these pollutants to nearby drinking water supplies, waterways, beaches and properties. Pollution washed from the land surface by rainfall is called nonpoint source pollution.

To address concerns associated with the quantity and quality of stormwater runoff from developed landscape, the Virginia General Assembly in 1990 established Virginia's Stormwater Management (SWM) Program.

Program Overview - SWM programs are implemented according to the Virginia Stormwater Management Law and Virginia Stormwater Management Regulations (VSWML&R). The law is codified at Title 10.1, Chapter 6, Article 1.1 of the Code of Virginia and the Regulations are found at Section 4VAC3-20 of the Virginia Administrative Code. These statutes specifically set forth regulations regarding land development activities to prevent water pollution, stream channel erosion, depletion of groundwater resources, and more frequent localized flooding to protect property value and natural resources. SWM programs operated according to the law are intended to address these adverse impacts and comprehensively manage the quality and quantity of stormwater runoff on a watershed-wide basis.

Regulated Activities - Residential, commercial, industrial or institutional land development and conversion activities that involve land-clearing or soil movement are regulated. However, the following activities are exempt:

1. Permitted surface or deep mining operations and projects, or oil and gas operations;
2. Tilling, planting or harvesting of agricultural, horticultural, or forest crops;
3. Single?family residences or modifications to existing residences not part of a subdivision;
4. Land development projects that disturb less than one acre, unless lowered by the locality; and
5. Linear development projects, provided that (i) less than one acre of land will be disturbed per outfall or watershed, (ii) there will be insignificant increases in peak flow rates, and (iii) there are no existing or anticipated flooding or erosion problems downstream from the discharge point.

SWM Programs - DCR oversees regulated activities undertaken on state and federal property, while localities (counties, cities, towns) have the option to establish a local SWM program to regulate these same activities on private property in their jurisdiction.

State stormwater regulations promote consistency among local SWM programs by developing technical criteria and administrative procedures with which property owners and agents must comply. Specifically, land development and land use conversion activities must prepare and seek approval of a SWM plan, also referred to as a Stormwater Pollution Prevention Plan by EPA, that describes all SWM controls and policies to be used to control the quantity and quality of stormwater runoff from the activity.

The regulations also provide a framework for regional (watershed-wide) stormwater plans. Regional plans allow for the strategic placement of stormwater controls to achieve stormwater quality and quantity benefits for large areas. The regulations were written so that all parties will work together to implement a consistent program to restore and protect watersheds across political boundaries. A Virginia Stormwater Management Model Ordinance has been written to help communities develop and implement their own stormwater management ordinance to be consistent with the law and regulations.

DCR SWM Program Support - DCR's SWM Program develops technical criteria and policies to support statewide implementation of the program. DCR engineers serve as the approval authority for SWM plans for projects on state and federal lands and inspect these projects to ensure compliance. Staff engineers also help localities, whether or not they have adopted an SWM program in accordance with VSWML&R, by reviewing ordinances and programmatic guidance and providing technical assistance to ensure compliance and to promote innovative, cost-effective solutions for protecting natural resources.

Virginia Stormwater Management Handbook - DCR in 1999 published the Virginia Stormwater Management Handbook to serve as the primary guidance for SWM programs regarding basic hydrology and hydraulics, stormwater best management practice design and efficiency, and administrative guidelines to support compliance with state stormwater regulations. Also available are several associated technical bulletins not addressed in the handbook.