Re: Public Comment on 2026 Stormwater Permit Fee Amendments to 9VAC25-875

Dear VDEQ,

The City of Alexandria respectfully submits the following comments during the public comment period for the 2026 amendments to the stormwater permit fee provisions of 9VAC25-875 and appreciates the coordination with local VESMP authorities during development of the amendments. The proposed revisions reflect an update to the statewide fee structure to cover 60-62% of the cost for permit administration, compliance, and enforcement by VDEQ

1. The fee schedule published in the January 22, 2026, Virginia Register of Regulations includes a $209 amount associated with the Small Construction Activity in a Chesapeake Bay Preservation Area category, the second “Fee Type”. Based on our review of the adopted fee framework this amount appears inconsistent with the statewide fee structure described in the final regulation materials listed as $290. The City respectfully request confirmation of the correct fee amount for this category and clarification as to whether a revised or corrected fee table will be issued.
2. The fee schedule includes a category for the fourth “Fee Type” described as Small Construction Activity / Land Clearing (areas within common plans of development or sale with land disturbance less than one acre, except for single family residential structures). It is the City’s understanding that this Fee Type would not require a Construction General Permit (CGP). The City requests clarification regarding the intended application of the statewide CGP fee and associated VDEQ portion in this scenario. Specifically, where a non-single-family residential land disturbance is less than one acre but occurs within a larger common plan of development or sale totaling one acre or more. we request confirmation whether the intent of this fee category is to apply in circumstances where a separate operator has operational control over the less than one acre disturbance area and obtains separate CGP coverage, rather than where the disturbance area is already encompassed under existing CGP coverage for the overall common plan.

Clarification on this point will assist local VESMP authorities in ensuring consistent remittance practices and uniform statewide implementation. Thank you for the opportunity to provide comments. The City appreciates DEQ’s continued coordination with local programs as we prepare for implementation of the updated fee structure.

Sincerely,

Jesse Maines

Division Chief

T&ES Stormwater Management