§ 124-1-13. Chesapeake Bay Preservation Act Land-Disturbing Activity.

In order to protect the quality of state waters and to control the discharge of stormwater pollutants from land-disturbing activities, runoff associated with Chesapeake Bay Preservation Act land-disturbing activities shall be controlled unless otherwise exempt under § 124-1-7. Such land-disturbing activities shall not require completion of a registration statement or require coverage under the General Permit for Discharges of Stormwater from Construction Activities unless they are part of a larger common plan of development or sale that ultimately will disturb equal to or greater than one acre of land but shall be subject to the following technical criteria and program and administrative requirements:

A.

An erosion and sediment control plan consistent with the requirements of Chapter 104 (Erosion and Sedimentation Control) of the Code and the Virginia Erosion and Sediment Control Law and regulations must be designed and implemented during land disturbing activities. Prior to land disturbance, this plan must be approved by the Director in accordance with Chapter 104 and the Virginia Erosion and Sediment Control Law and attendant regulations.

B.

A stormwater management plan consistent with the requirements of this Chapter and the Virginia Stormwater Management Act and regulations must be designed and implemented during the land disturbing activity. The stormwater management plan shall be developed and submitted in accordance with § 124-2-7. Prior to land disturbance, this plan must be approved by the Director.

C.

Exceptions may be requested in accordance with Article 6.

D.

Long-term maintenance of stormwater management facilities shall be provided for and conducted in accordance with § 124-2-10.

E.

Water quality design criteria in § 124-4-2 shall be applied to the site.

F.

Water quality compliance shall be achieved in accordance with § 124-4-3.

G.

Channel protection and flood protection shall be achieved in accordance with § 124-4-4.

H.

Offsite compliance options in accordance with § 124-4-5 shall be available to Chesapeake Bay Preservation Act land-disturbing activities.

I.

Such land-disturbing activities shall be subject to the design storm and hydrologic methods set out in § 124-4-6, linear development controls in § 124-4-8, and criteria associated with stormwater impoundment structures or facilities in the PFM.

Single-family detached residential structures, disturbing less than one acre and part of a larger common plan of development or sale that ultimately will disturb equal to or greater than one acre of land are authorized to discharge under the General Permit for Discharges of Stormwater from Construction Activities and are not required to submit a registration statement or the state portion of the permit fee. (08-14-124; 06-15-124.)