Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
 
Board
State Water Control Board
 
Guidance Document Change: The Virginia Stormwater Management Handbook, Version 1.0 (Handbook) provides guidance to implement water quantity and water quality criteria in the Virginia Erosion and Stormwater Management Regulation, 9VAC25-875, effective July 1, 2024. The Handbook replaces nine guidance documents, listed below, that the Department of Environmental Quality (DEQ) plans to rescind effective July 1, 2025: 1. Virginia Erosion and Sediment Control Handbook, Third Edition, 1992 2. Virginia Stormwater Management Handbook, First Edition, 1999 3. Guidance Document on VSMP Site Inspection Strategies 4. Guidance Document on Utilization of Nonpoint Nutrient Offsets 5. Guidance Memo No. 14-2002 Implementation Guidance for the 2009 General Permit for Discharges of Stormwater from Construction Activities, 9VAC25-880 6. Guidance Memo No. 14-2014 Implementation Guidance for Section 47 (time limits on applicability of approved design criteria) and Section 48 (grandfathering) 7. Guidance Memo No. 15-2003 Postdevelopment SW Mgmt Implementation Guidance for Linear Utility Projects 8. Guidance Memo No. 22-2011 Streamlined Plan Review for Construction Stormwater Plans and Erosion and Sediment Control Plans submitted by a Licensed Design Professional and reviewed by a Dual Combined Administrator for Erosion and Sediment Control and Stormwater Management 9. Guidance Memo No. 22-2012 Stormwater Management and Erosion & Sediment Control Design Guide The reason that the guidance documents will be rescinded effective July 1, 2025, through a separate Town Hall notice, is that they have been incorporated into the Handbook to reduce complexity and improve the ease of use. A one-year transition period allows plans and permit applications submitted between July 1, 2024 and June 30, 2025 to utilize either the existing manuals, handbooks and guidance or the Virginia Stormwater Management Handbook, Version 1.0. The Handbook is available as a Portable Document Format (pdf) file and online at https://online.encodeplus.com/regs/deq-va/index.aspx. Due to the large file size and number of pages in the Handbook, DEQ recommends using the web-based version to review it and submit comments. Chapters, best management practice specifications, and other information from the Handbook may be downloaded from the website as pdf files. Written comments on the Handbook may be submitted directly through the enCodePlus website that is hosting the handbook, as well as through the Town Hall website, and by email to the contact address provided with this notice. Instructions for submitting comments through the host website are available from the “Comment” link on the webpage banner. DEQ will use comments received during this forum and after the Handbook becomes effective to maintain its content consistent with the process for updates and revisions described in Chapter 1: Introduction. DEQ formed a Stakeholders Advisory Group (SAG) to help develop the Handbook and its content. The SAG met 12 times between July 2022 and October 2023. Members of the SAG were provided an opportunity review and provide feedback on a draft version of the Handbook during November 2023. DEQ reviewed and revised the draft Handbook based on the feedback SAG members provided. Handbook Version 1.0 reflects those revisions. Two Excel spreadsheets with comments SAG members submitted on the draft version of the Handbook, and responses to those comments, are available from the DEQ website at: https://www.deq.virginia.gov/our-programs/water/stormwater/stormwater-construction/handbooks under the Virginia Stormwater Management Handbook, Version 1.0 banner.
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3/11/24  3:17 pm
Commenter: Greg Lester, Developer

Phosphorous Load Change.
 

This is a very significant and expensive change and I’m having difficulty understanding if there is any science behind this change.  Is this just a decision made by an individual at DEQ?   What are the guidelines for changing these pollutant loads, shouldn’t it have to go through some vetting process?   I just read very recently that the Chesapeake Bay “clean up” plan was well ahead of its target measurements and yet as a developer, I am getting hammered with additional costs that will simply be added to the cost of the lots and homes I’m building.  

Virginian developers are being hit with all these incidental costs that keep driving up housing costs, putting housing out of the reach of many “would be” homeowners.

I asked my engineer to calculate the change in my pollutant load cost on a development that I am currently in the middle of.   Under the current rules, I had to pay $20,000 for the off-set costs, but under the new guidelines, it will be 5 or 6 times that cost!  $100,000- to $120,000!  This seems to really penalize the more rural developments with yards and single-family homes…this is not a reasonable adjustment and should NOT go into effect. Please leave the pollutant load unchanged at the .41 lbs./ac/yr., that is expensive enough, as is.

I have been developing since 2000 and brought over 800 lots and homes to the market during that time. The 2014 changes were particularly painful and expensive and these new changes are not going to help our home shortages and higher prices.  Does Governor Youngkin know about these more stringent regulations and additional burdens on housing.  I heard he was all about reducing and streamlining the regs governing housing.  I think he needs to know.

CommentID: 222269