Proposed Stormwater Regs Revised; New Comments Sought

By: Andrew McRoberts, Editor. This was posted Wednesday, October 7th, 2009

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As Sands Anderson Marks and Miller has been reporting on our Virginia Environmental Law Blog and on this blog, new stormwater regulations are in the works.

On October 5, the Virginia Soil and Water Conservation Board adopted a heavily amended version of the proposed Virginia Stormwater Management Permit (VSMP) regulations. Here is the full story from VACO’s Larry Land, who was there. Our own Sands Anderson Virginia Environmental Law Blog also has reported on this.

Apparently reacting to local government as well as developer concerns, many of the phosporus limits were eased before being adopted. In addition, authority was granted localities as a local option to allow allow higher limits in urban development areas, which addressed a concern raised by localities and by me on this blog regarding the new regulations’ possible unintended effect on new urbanism.

Governor Kaine has applauded the adoption of the regulations and called them “a significant milestone in the protection of the Chesapeake Bay and Virginia’s rivers, lakes and streams” in his press release.

Localities need to be aware that although the new amended regulations were adopted, their effective date was suspended until after a new 30-day comment period which will begin after publication in the Virginia Register, expected on October 26.

The Sands Anderson environmental law team and local government team would be glad to assist you with either comments or compliance.



  • Very interesting developments indeed – thanks for sharing this Andrew. I have seen some HBAV reaction that the changes did not go far enough, but it is clear the builder’s point of view seemed to have some impact.

    Are you going to the Construction Law and Public Contracts Section conference in Charlottesville in November? I am, it would be nice to see you there.

    Timothy R. Hughes

    Posted by: Timothy R. Hughes | October 7th, 2009 at 10:08 pm

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