| Action Summary | Chapters 5 and 104 of the 2024 Virginia Acts of Assembly (Del. Wiley, HB 656 and Sen. DeSteph, SB 365) revise state law to fix a “Catch-22” in the law which, if unresolved, could stop land-disturbing projects in certain localities on and after July 1, 2024. The “Catch-22” that these bills fix arises because one provision of the 2016 Stormwater and Erosion and Sediment Control Consolidation Bill, Chapters 68 and 758 of the 2016 Acts of Assembly, states that a locality that does not operate a Virginia Stormwater Management Program cannot approve erosion and sediment control plans for a project until DEQ has issued stormwater permit coverage for the project. However, another provision in this law states that DEQ cannot issue stormwater permit coverage for a project until the locality has approved the erosion and sediment control plans for the project. These bills fix the “Catch-22” by setting up a sequence where the locality will review and approve erosion and sediment control plans, and then obtain evidence of stormwater permit coverage before issuing its land disturbance approval. This regulatory amendment makes the regulation consistent with state law. |
| Chapters Affected | Only affects this chapter. |
| Executive Branch Review | This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and will be reviewed by the Governor's Office. |
| RIS Project | Yes [7901] |
| Associated Mandates | Regulated land-disturbing activities; submission and approval of erosion and sediment control plan. |
| New Periodic Review | This action will not be used to conduct a new periodic review. |
| Name / Title: | Rebeccah W. Rochet, P.E / Deputy Director, Division of Water Permitting |
| Address: |
1111 East Main Street, Suite 1400 P.O. Box 1105 Richmond, VA 23218 |
| Email Address: | rebeccah.rochet@deq.virginia.gov |
| Phone: | (804)801-2950 FAX: ()- TDD: ()- |