Virginia DEQ Erosion and Sediment Control Handbook

Virginia
irginia Erosion
and Sediment Control
Handbook
Third Edition
1992
Virginia Department of Environmental Quality

629 East Main St.
Richmond, VA 23219
(804) 698-4000
CONTENTS*
Page
Acknowledgements
Foreword
Chapter 1 - Introduction ................................................................................................... I-1
Chapter 2 - Erosion and Sediment Control Principles,

Practices and Costs ................................................................................... II-1
Part I- Erosion and Sediment Control Principles .................................... 11-2

Part II - Overview of Practices .............................................................. 11-16
Part III - Costs ....................................................................................... 11-22
Wall Chart (Unified Coding System) .................................................... 11-33
Chapter 3 - State Minimum Standards and Specifications ........................................... III-A
Chapter 4 - Storm water Runoff .................................................................................... IV-1
Chapter 5 - Engineering Calculations ............................................................................. V-1
Part I- Estimating Runoff ......................................................................... V-2

Part II - Storm water Retention .............................................................. V-84
Part III - Open Channel Flow ................................................................. V-97
Chapter 6 Preparing an Erosion and Sediment Control Plan ........................................ VI-1
Part I- General Guidelines ....................................................................... VI-2

Part II - Step-By-Step Procedure ............................................................. VI-6
Part III - Sample Plan .............................................................................VI-16
Chapter 7 - Administrative Guidelines ......................................................................... WI-1
Chapter 8 - Virginia Erosion and Sediment Control Law and Regulations ............... VIII-1
Bibliography ................................................................................................................... B-1
Glossary ........................................................................................................................... G-1
*Note: There is an index at the beginning of each chapter for further reference.
FOREWARD
Regulatory authority for the Erosion & Sediment Control Program was
transferred to the Department of Environmental Quality on July 1, 2013. Anywhere in
the handbook where the Department of Conservation or DCR are referenced, the
reference should be replaced; respectively, with the Department of Environmental
Quality or DEQ. Additionally, anywhere Soil and Water Conservation Board or
“Board” are reference in the handbook, the reference should be replaced with State
Water Control Board.
This handbook replaces the 1980 Virginia Erosion and Sediment Control Handbook
and establishes new standards and guidelines for the control of soil erosion and sedimentation
on "land-disturbing activities" (as defined in Section 62.1-44.15:51, Code of Virginia). The
authority for the Department of Environmental Quality to undertake this handbook revision is
provided under Section 62.1-44.15:52 of the Code.
This handbook is intended to serve as a technical guide in the effort to meet the
requirements dictated by the Virginia Erosion and Sediment Control Law and the Virginia
Erosion and Sediment Control Regulations (9VAC25-840; previously 4VAC50-30). The use of
the words such as "shall," "will," and "must" within the design standards in Chapter 3 is
meant to emphasize the directions which will ensure that the control measure or design
procedure will serve its intended purpose. The remaining chapters and sections of this
handbook contain guidelines and support materials to assist users in the implementation of the
technical standards in accordance with the provisions of the law and regulations.
Any questions or comments concerning this handbook or the Virginia Erosion and
Sediment Control Program in general may be directed to the Virginia Department of
Environmental Quality.
COMMONWEALTH of VIRGINIA
Virginia Erosion
rosion and Sediment Control Law
Virginia Erosion and Sediment Control

Regulations and Certification Regulations
FY 2014
201
Department of Environmental Quality
629 East Main Street
P.O. Box 1105
Richmond, VA 23218
2321
Website: http://www.deq.virginia.gov
INDEX
EROSION AND SEDIMENT CONTROL LAW AND REGULATIONS AND EROSION AND
SEDIMENT CONTROL AND STORMWATER MANAGEMENT CERTIFICATION REGULATIONS
PAGE
Erosion and Sediment Control Law,
62.1-44.15:51 Definitions ........................................................................................................... 5
62.1-44.15:52 Virginia Erosion and Sediment Control Program................................................ 8
62.1-44.15:53 Certification of Local Program Personnel ........................................................ 10
62.1-44.15:54 Establishment of Erosion and Sediment Control Programs............................... 10
62.1-44.15:55 Regulated Land-Disturbing Activities; Submission and Approval of Erosion and

Sediment Control Plan ......................................................................................... 13
62.1-44.15:56 State and Federal Agency Projects .................................................................... 15
62.1-44.15:57 Approved Plan Required for Issuance of Grading, Building or Other Permits;
Security for Performance ..................................................................................... 16
62.1-44.15:58 Monitoring, Reports and Inspections................................................................. 17
62.1-44.15:59 Reporting ............................................................................................................ 18
62.1-44.15:60 Right of Entry ...................................................................................................... 18
62.1-44.15:61 Cooperation with Federal and State Agencies .................................................... 19
62.1-44.15:61 Appeals ............................................................................................................... 19
62.1-44.15:63 Penalties, Injunctions and Other Legal Actions.................................................. 19
62.1-44.15:64 Stop Work Orders By Board; Civil Penalties ..................................................... 20
62.1-44.15:65 Authorization for More Stringent Regulations ................................................... 21
62.1-44.15:66 No limitation on Authority of Water Control Board or Department of Mines,

Minerals and Energy............................................................................................ 22
2
Erosion and Sediment Control Regulations 4VAC50-30
1. Definitions ........................................................................................................................ 23
2. Purpose.............................................................................................................................. 26
3. Scope and Applicability.................................................................................................... 26
4. Minimum Standards.......................................................................................................... 27
5. Variances .......................................................................................................................... 32
6. Maintenance and Inspections............................................................................................ 32
7. Reporting ......................................................................................................................... 33
8. Developments ................................................................................................................... 33
9. Criteria for Determining Status of Land-disturbing Activity............................................. 33
10. Review and Evaluation of VESCPs: Minimum Program Standards ................................ 34
11. State Agency Projects ....................................................................................................... 35
Erosion and Sediment Control and Stormwater Management Certification Regulations 4VAC50-50
1. Definitions ........................................................................................................................ 37
2. Purpose.............................................................................................................................. 40
3. Applicability ..................................................................................................................... 40
4. Certificates of Competence............................................................................................... 40
5. Eligibility Requirements ................................................................................................... 41
6. Classification acknowledgement for the purposes of program compliance reviews ........ 43
7. Fees ................................................................................................................................... 43
8. Examination ...................................................................................................................... 43
3
9. Application........................................................................................................................ 44
10. Discipline of Certified Personnel...................................................................................... 44
4
EROSION AND SEDIMENT CONTROL LAW and REGULATIONS 2014
The following is a unofficial copy of the Virginia Erosion and Sediment Control Law Please refer to
the Code of Virginia for an official copy of the Law.
§ 62.1-44.15:51. Definitions.
As used in this article, unless the context requires a different meaning:
"Agreement in lieu of a plan" means a contract between the plan-approving authority and the
owner that specifies conservation measures that must be implemented in the construction of a
single-family residence; this contract may be executed by the plan-approving authority in lieu of
a formal site plan.
"Applicant" means any person submitting an erosion and sediment control plan for approval or
requesting the issuance of a permit, when required, authorizing land-disturbing activities to
commence.
"Certified inspector" means an employee or agent of a VESCP authority who (i) holds a
certificate of competence from the Board in the area of project inspection or (ii) is enrolled in the
Board's training program for project inspection and successfully completes such program within
one year after enrollment.
"Certified plan reviewer" means an employee or agent of a VESCP authority who (i) holds a
certificate of competence from the Board in the area of plan review, (ii) is enrolled in the Board's
training program for plan review and successfully completes such program within one year after
enrollment, or (iii) is licensed as a professional engineer, architect, landscape architect, land
surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1, or professional soil
scientist as defined in § 54.1-2200.
"Certified program administrator" means an employee or agent of a VESCP authority who (i)
holds a certificate of competence from the Board in the area of program administration or (ii) is
enrolled in the Board's training program for program administration and successfully completes
such program within one year after enrollment.
"Department" means the Department of Environmental Quality.
"Director" means the Director of the Department of Environmental Quality.
"District" or "soil and water conservation district" means a political subdivision of the
Commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of
Chapter 5 of Title 10.1.
"Erosion and sediment control plan" or "plan" means a document containing material for the
conservation of soil and water resources of a unit or group of units of land. It may include
appropriate maps, an appropriate soil and water plan inventory and management information
with needed interpretations, and a record of decisions contributing to conservation treatment. The
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plan shall contain all major conservation decisions to ensure that the entire unit or units of land
will be so treated to achieve the conservation objectives.
"Erosion impact area" means an area of land not associated with current land-disturbing activity
but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring
properties or into state waters. This definition shall not apply to any lot or parcel of land of
10,000 square feet or less used for residential purposes or to shorelines where the erosion results
from wave action or other coastal processes.
"Land-disturbing activity" means any man-made change to the land surface that may result in
soil erosion from water or wind and the movement of sediments into state waters or onto lands in
the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting, and
filling of land, except that the term shall not include:
1. Minor land-disturbing activities such as home gardens and individual home landscaping,
repairs, and maintenance work;
2. Individual service connections;
3. Installation, maintenance, or repair of any underground public utility lines when such activity
occurs on an existing hard surfaced road, street, or sidewalk, provided the land-disturbing
activity is confined to the area of the road, street, or sidewalk that is hard surfaced;
4. Septic tank lines or drainage fields unless included in an overall plan for land-disturbing
activity relating to construction of the building to be served by the septic tank system;
5. Permitted surface or deep mining operations and projects, or oil and gas operations and
projects conducted pursuant to Title 45.1;
6. Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot

operations, or as additionally set forth by the Board in regulation, including engineering
operations as follows: construction of terraces, terrace outlets, check dams, desilting basins,
dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing,
land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest
crops unless the area on which harvesting occurs is reforested artificially or naturally in
accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 or is converted
to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163;
7. Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other
related structures and facilities of a railroad company;
8. Agricultural engineering operations, including but not limited to the construction of terraces,
terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the
provisions of the Dam Safety Act (§ 10.1-604 et seq.), ditches, strip cropping, lister furrowing,
contour cultivating, contour furrowing, land drainage, and land irrigation;
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9. Disturbed land areas of less than 10,000 square feet in size or 2,500 square feet in all areas of
the jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and
Management Regulations; however, the governing body of the program authority may reduce
this exception to a smaller area of disturbed land or qualify the conditions under which this
exception shall apply;
10. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or
poles;
11. Shoreline erosion control projects on tidal waters when all of the land-disturbing activities
are within the regulatory authority of and approved by local wetlands boards, the Marine
Resources Commission, or the United States Army Corps of Engineers; however, any associated
land that is disturbed outside of this exempted area shall remain subject to this article and the
regulations adopted pursuant thereto; and
12. Emergency work to protect life, limb, or property, and emergency repairs; however, if the
land-disturbing activity would have required an approved erosion and sediment control plan, if
the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in
accordance with the requirements of the VESCP authority.
"Natural channel design concepts" means the utilization of engineering analysis and fluvial
geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for
the purpose of creating or recreating a stream that conveys its bankfull storm event within its
banks and allows larger flows to access its bankfull bench and its floodplain.
"Owner" means the owner or owners of the freehold of the premises or lesser estate therein,
mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other
person, firm, or corporation in control of a property.
"Peak flow rate" means the maximum instantaneous flow from a given storm condition at a
particular location.
"Permittee" means the person to whom the local permit authorizing land-disturbing activities is
issued or the person who certifies that the approved erosion and sediment control plan will be
followed.
"Person" means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, cooperative,
county, city, town, or other political subdivision of the Commonwealth, governmental body,
including a federal or state entity as applicable, any interstate body, or any other legal entity.
"Runoff volume" means the volume of water that runs off the land development project from a
prescribed storm event.
"Town" means an incorporated town.
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"Virginia Erosion and Sediment Control Program" or "VESCP" means a program approved by
the Board that has been established by a VESCP authority for the effective control of soil
erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing
activity to prevent the unreasonable degradation of properties, stream channels, waters, and other
natural resources and shall include such items where applicable as local ordinances, rules, permit
requirements, annual standards and specifications, policies and guidelines, technical materials,
and requirements for plan review, inspection, enforcement where authorized in this article, and
evaluation consistent with the requirements of this article and its associated regulations.
"Virginia Erosion and Sediment Control Program authority" or "VESCP authority" means an
authority approved by the Board to operate a Virginia Erosion and Sediment Control Program.
An authority may include a state entity, including the Department; a federal entity; a district,
county, city, or town; or for linear projects subject to annual standards and specifications,
electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline
companies, railroad companies, or authorities created pursuant to § 15.2-5102.
"Water quality volume" means the volume equal to the first one-half inch of runoff multiplied by
the impervious surface of the land development project.
62.1-44.15:52. Virginia erosion and sediment control program.
A. The Board shall develop a program and adopt regulations in accordance with the
Administrative Process Act (§ 2.2-4000 et seq.) for the effective control of soil erosion, sediment
deposition, and nonagricultural runoff that shall be met in any control program to prevent the
unreasonable degradation of properties, stream channels, waters, and other natural resources.
Stream restoration and relocation projects that incorporate natural channel design concepts are
not man-made channels and shall be exempt from any flow rate capacity and velocity
requirements for natural or man-made channels as defined in any regulations promulgated
pursuant to this section or § 62.1-44.15:54 or 62.1-44.15:65. Any plan approved prior to July 1,
2014, that provides for stormwater management that addresses any flow rate capacity and
velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and
velocity requirements for natural or man-made channels if the practices are designed to (i) detain
the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour
period the expected rainfall resulting from the one-year, 24-hour storm; and (iii) reduce the
allowable peak flow rate resulting from the 1.5-year, two-year, and 10-year, 24-hour storms to a
level that is less than or equal to the peak flow rate from the site assuming it was in a good
forested condition, achieved through multiplication of the forested peak flow rate by a reduction
factor that is equal to the runoff volume from the site when it was in a good forested condition
divided by the runoff volume from the site in its proposed condition, and shall be exempt from
any flow rate capacity and velocity requirement for natural or man-made channels as defined in
regulations promulgated pursuant to § 62.1-44.15:54 or 62.1-44.15:65. For plans approved on
and after July 1, 2014, the flow rate capacity and velocity requirements of this subsection shall
be satisfied by compliance with water quantity requirements in the Stormwater Management Act
(§ 62.1-44.15:24 et seq.) and attendant regulations, unless such land-disturbing activities are in
accordance with the grandfathering provisions of the Virginia Stormwater Management Program
(VSMP) Permit Regulations.
8
The regulations shall:
1. Be based upon relevant physical and developmental information concerning the watersheds
and drainage basins of the Commonwealth, including, but not limited to, data relating to land
use, soils, hydrology, geology, size of land area being disturbed, proximate water bodies and
their characteristics, transportation, and public facilities and services;
2. Include such survey of lands and waters as may be deemed appropriate by the Board or
required by any applicable law to identify areas, including multijurisdictional and watershed
areas, with critical erosion and sediment problems; and
3. Contain conservation standards for various types of soils and land uses, which shall include
criteria, techniques, and methods for the control of erosion and sediment resulting from land-
disturbing activities.
B. The Board shall provide technical assistance and advice to, and conduct and supervise
educational programs for VESCP authorities.
C. The Board shall adopt regulations establishing minimum standards of effectiveness of erosion
and sediment control programs, and criteria and procedures for reviewing and evaluating the
effectiveness of VESCPs. In developing minimum standards for program effectiveness, the
Board shall consider information and standards on which the regulations promulgated pursuant
to subsection A are based.
D. The Board shall approve VESCP authorities and shall periodically conduct a comprehensive
program compliance review and evaluation to ensure that all VESCPs operating under the
jurisdiction of this article meet minimum standards of effectiveness in controlling soil erosion,
sediment deposition, and nonagricultural runoff. The Department shall develop a schedule for
conducting periodic reviews and evaluations of the effectiveness of VESCPs unless otherwise
directed by the Board. Such reviews where applicable shall be coordinated with those being
implemented in accordance with the Stormwater Management Act (§ 62.1-44.15:24 et seq.) and
associated regulations and the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) and
associated regulations. The Department may also conduct a comprehensive or partial program
compliance review and evaluation of a VESCP at a greater frequency than the standard schedule.
E. The Board shall issue certificates of competence concerning the content, application, and
intent of specified subject areas of this article and accompanying regulations, including program
administration, plan review, and project inspection, to personnel of program authorities and to
any other persons who have completed training programs or in other ways demonstrated
adequate knowledge. The Department shall administer education and training programs for
specified subject areas of this article and accompanying regulations, and is authorized to charge
persons attending such programs reasonable fees to cover the costs of administering the
programs. Such education and training programs shall also contain expanded components to
address plan review and project inspection elements of the Stormwater Management Act (§ 62.1-
44.15:24 et seq.) and attendant regulations in accordance with § 62.1-44.15:30.
9
F. Department personnel conducting inspections pursuant to this article shall hold a certificate of
competence as provided in subsection E.
§ 62.1-44.15:53. Certification of local program personnel.
A. The minimum standards of VESCP effectiveness established by the Board pursuant to

subsection C of § 62.1-44.15:52 shall provide that (i) an erosion and sediment control plan shall
not be approved until it is reviewed by a certified plan reviewer; (ii) inspections of land-
disturbing activities shall be conducted by a certified inspector; and (iii) a VESCP shall contain a
certified program administrator, a certified plan reviewer, and a certified project inspector, who
may be the same person.
B. Any person who holds a certificate of competence from the Board in the area of plan review,
project inspection, or program administration that was attained prior to the adoption of the
mandatory certification provisions of subsection A shall be deemed to satisfy the requirements of
that area of certification.
C. Professionals registered in the Commonwealth pursuant to Article 1 (§ 54.1-400 et seq.) of

Chapter 4 of Title 54.1 or a professional soil scientist as defined in § 54.1-2200 shall be deemed
to satisfy the certification requirements for the purposes of renewals.
§ 62.1-44.15:54. Establishment of Virginia erosion and sediment control programs.
A. Counties and cities shall adopt and administer a VESCP.
Any town lying within a county that has adopted its own VESCP may adopt its own program or
shall become subject to the county program. If a town lies within the boundaries of more than
one county, the town shall be considered for the purposes of this article to be wholly within the
county in which the larger portion of the town lies.
B. A VESCP authority may enter into agreements or contracts with soil and water conservation
districts, adjacent localities, or other public or private entities to assist with carrying out the
provisions of this article, including the review and determination of adequacy of erosion and
sediment control plans submitted for land-disturbing activities on a unit or units of land as well
as for monitoring, reports, inspections, and enforcement where authorized in this article, of such
land-disturbing activities.
C. Any VESCP adopted by a county, city, or town shall be approved by the Board if it
establishes by ordinance requirements that are consistent with this article and associated
regulations.
D. Each approved VESCP operated by a county, city, or town shall include provisions for the
integration of the VESCP with Virginia stormwater management, flood insurance, flood plain
management, and other programs requiring compliance prior to authorizing a land-disturbing
activity in order to make the submission and approval of plans, issuance of permits, payment of
10
fees, and coordination of inspection and enforcement activities more convenient and efficient
both for the local governments and those responsible for compliance with the programs.
E. The Board may approve a state entity, federal entity, or, for linear projects subject to annual
standards and specifications, electric, natural gas, and telephone utility companies, interstate and
intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to §
15.2-5102 to operate a VESCP consistent with the requirements of this article and its associated
regulations and the VESCP authority's Department-approved annual standards and
specifications. For these programs, enforcement shall be administered by the Department and the
Board where applicable in accordance with the provisions of this article.
F. Following completion of a compliance review of a VESCP in accordance with subsection D of

§ 62.1-44.15:52, the Department shall provide results and compliance recommendations to the
Board in the form of a corrective action agreement if deficiencies are found; otherwise, the
Board may find the program compliant. If a comprehensive or partial program compliance
review conducted by the Department of a VESCP indicates that the VESCP authority has not
administered, enforced where authorized to do so, or conducted its VESCP in a manner that
satisfies the minimum standards of effectiveness established pursuant to subsection C of § 62.1-
44.15:52, the Board shall establish a schedule for the VESCP authority to come into compliance.
The Board shall provide a copy of its decision to the VESCP authority that specifies the
deficiencies, actions needed to be taken, and the approved compliance schedule required to attain
the minimum standard of effectiveness and shall include an offer to provide technical assistance
to implement the corrective action. If the VESCP authority has not implemented the necessary
compliance actions identified by the Board within 30 days following receipt of the corrective
action agreement, or such additional period as is granted to complete the implementation of the
corrective action, then the Board shall have the authority to (i) issue a special order to any
VESCP, imposing a civil penalty not to exceed $5,000 per day with the maximum amount not to
exceed $20,000 per violation for noncompliance with the state program, to be paid into the state
treasury and deposited in the Virginia Stormwater Management Fund established by § 62.1-
44.15:29 or (ii) revoke its approval of the VESCP. The Administrative Process Act (§ 2.2-4000
et seq.) shall govern the activities and proceedings of the Board and the judicial review thereof.
In lieu of issuing a special order or revoking the program, the Board is authorized to take legal
action against a VESCP to ensure compliance.
G. If the Board revokes its approval of the VESCP of a county, city, or town, and the locality is
in a district, the district, upon approval of the Board, shall adopt and administer a VESCP for the
locality. To carry out its program, the district shall adopt regulations in accordance with the
Administrative Process Act (§ 2.2-4000 et seq.) consistent with this article and associated
regulations. The regulations may be revised from time to time as necessary. The program and
regulations shall be available for public inspection at the principal office of the district.
H. If the Board (i) revokes its approval of a VESCP of a district, or of a county, city, or town not
in a district, or (ii) finds that a local program consistent with this article and associated
regulations has not been adopted by a district or a county, city, or town that is required to adopt
and administer a VESCP, the Board shall find the VESCP authority provisional, and have the
11
Department assist with the administration of the program until the Board finds the VESCP
authority compliant with the requirements of this article and associated regulations. "Assisting
with administration" includes but is not limited to the ability to review and comment on plans to
the VESCP authority, to conduct inspections with the VESCP authority, and to conduct
enforcement in accordance with this article and associated regulations.
I. If the Board revokes its approval of a state entity, federal entity, or, for linear projects subject
to annual standards and specifications, electric, natural gas, and telephone utility companies,
interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created
pursuant to § 15.2-5102, the Board shall find the VESCP authority provisional, and have the
Department assist with the administration of the program until the Board finds the VESCP
authority compliant with the requirements of this article and associated regulations. "Assisting
with administration" includes the ability to review and comment on plans to the VESCP
authority and to conduct inspections with the VESCP authority in accordance with this article
and associated regulations.
J. Any VESCP authority that administers an erosion and sediment control program may charge
applicants a reasonable fee to defray the cost of program administration. Such fee may be in
addition to any fee charged for administration of a Virginia Stormwater Management Program,
although payment of fees may be consolidated in order to provide greater convenience and
efficiency for those responsible for compliance with the programs. A VESCP authority shall hold
a public hearing prior to establishing a schedule of fees. The fee shall not exceed an amount
commensurate with the services rendered, taking into consideration the time, skill, and the
VESCP authority's expense involved.
K. The governing body of any county, city, or town, or a district board that is authorized to
administer a VESCP, may adopt an ordinance or regulation where applicable providing that
violations of any regulation or order of the Board, any provision of its program, any condition of
a permit, or any provision of this article shall be subject to a civil penalty. The civil penalty for
any one violation shall be not less than $100 nor more than $1,000. Each day during which the
violation is found to have existed shall constitute a separate offense. In no event shall a series of
specified violations arising from the same operative set of facts result in civil penalties that
exceed a total of $10,000, except that a series of violations arising from the commencement of
land-disturbing activities without an approved plan for any site shall not result in civil penalties
that exceed a total of $10,000. Adoption of such an ordinance providing that violations are
subject to a civil penalty shall be in lieu of criminal sanctions and shall preclude the prosecution
of such violation as a misdemeanor under subsection A of § 62.1-44.15:63. The penalties set out
in this subsection are also available to the Board in its enforcement actions.
§ 62.1-44.15:55. Regulated land-disturbing activities; submission and approval of erosion

and sediment control plan.
A. Except as provided in § 62.1-44.15:56 for state agency and federal entity land-disturbing
activities, no person shall engage in any land-disturbing activity until he has submitted to the
VESCP authority an erosion and sediment control plan for the land-disturbing activity and the
plan has been reviewed and approved. Upon the development of an online reporting system by
12
the Department, but no later than July 1, 2014, a VESCP authority shall then be required to
obtain evidence of Virginia Stormwater Management Program permit coverage where it is
required prior to providing approval to begin land disturbance. Where land-disturbing activities
involve lands under the jurisdiction of more than one VESCP, an erosion and sediment control
plan may, at the request of one or all of the VESCP authorities, be submitted to the Department
for review and approval rather than to each jurisdiction concerned. The Department may charge
the jurisdictions requesting the review a fee sufficient to cover the cost associated with
conducting the review. A VESCP may enter into an agreement with an adjacent VESCP
regarding the administration of multijurisdictional projects whereby the jurisdiction that contains
the greater portion of the project shall be responsible for all or part of the administrative
procedures. Where the land-disturbing activity results from the construction of a single-family
residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control
plan if executed by the VESCP authority.
B. The VESCP authority shall review erosion and sediment control plans submitted to it and
grant written approval within 60 days of the receipt of the plan if it determines that the plan
meets the requirements of this article and the Board's regulations and if the person responsible
for carrying out the plan certifies that he will properly perform the erosion and sediment control
measures included in the plan and shall comply with the provisions of this article. In addition, as
a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the
person responsible for carrying out the plan shall provide the name of an individual holding a
certificate of competence to the VESCP authority, as provided by § 62.1-44.15:52, who will be
in charge of and responsible for carrying out the land-disturbing activity. However, any VESCP
authority may waive the certificate of competence requirement for an agreement in lieu of a plan
for construction of a single-family residence. If a violation occurs during the land-disturbing
activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct
the violation and provide the name of an individual holding a certificate of competence, as
provided by § 62.1-44.15:52. Failure to provide the name of an individual holding a certificate of
competence prior to engaging in land-disturbing activities may result in revocation of the
approval of the plan and the person responsible for carrying out the plan shall be subject to the
penalties provided in this article.
When a plan is determined to be inadequate, written notice of disapproval stating the specific
reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall
specify the modifications, terms, and conditions that will permit approval of the plan. If no action
is taken by the VESCP authority within the time specified in this subsection, the plan shall be
deemed approved and the person authorized to proceed with the proposed activity. The VESCP
authority shall act on any erosion and sediment control plan that has been previously disapproved
within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate.
C. The VESCP authority may require changes to an approved plan in the following cases:
1. Where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or
2. Where the person responsible for carrying out the approved plan finds that because of changed
circumstances or for other reasons the approved plan cannot be effectively carried out, and
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proposed amendments to the plan, consistent with the requirements of this article and associated
regulations, are agreed to by the VESCP authority and the person responsible for carrying out the
plan.
D. Electric, natural gas, and telephone utility companies, interstate and intrastate natural gas
pipeline companies, and railroad companies shall, and authorities created pursuant to § 15.2-
5102 may, file general erosion and sediment control standards and specifications annually with
the Department for review and approval. Such standards and specifications shall be consistent
with the requirements of this article and associated regulations and the Stormwater Management
Act (§ 62.1-44.15:24 et seq.) and associated regulations where applicable. The specifications
shall apply to:
1. Construction, installation, or maintenance of electric transmission, natural gas, and telephone

utility lines and pipelines, and water and sewer lines; and
2. Construction of the tracks, rights-of-way, bridges, communication facilities, and other related
structures and facilities of the railroad company.
The Department shall have 60 days in which to approve the standards and specifications. If no
action is taken by the Department within 60 days, the standards and specifications shall be
deemed approved. Individual approval of separate projects within subdivisions 1 and 2 is not
necessary when approved specifications are followed. Projects not included in subdivisions 1 and
2 shall comply with the requirements of the appropriate VESCP. The Board shall have the
authority to enforce approved specifications and charge fees equal to the lower of (i) $1,000 or
(ii) an amount sufficient to cover the costs associated with standard and specification review and
approval, project inspections, and compliance.
E. Any person engaging, in more than one jurisdiction, in the creation and operation of a wetland
mitigation or stream restoration bank or banks, which have been approved and are operated in
accordance with applicable federal and state guidance, laws, or regulations for the establishment,
use, and operation of wetlands mitigation or stream restoration banks, pursuant to a mitigation
banking instrument signed by the Department of Environmental Quality, the Marine Resources
Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general
erosion and sediment control standards and specifications for wetland mitigation or stream
restoration banks annually with the Department for review and approval consistent with
guidelines established by the Board.
The Department shall have 60 days in which to approve the specifications. If no action is taken
by the Department within 60 days, the specifications shall be deemed approved. Individual
approval of separate projects under this subsection is not necessary when approved specifications
are implemented through a project-specific erosion and sediment control plan. Projects not
included in this subsection shall comply with the requirements of the appropriate local erosion
and sediment control program. The Board shall have the authority to enforce approved
specifications and charge fees equal to the lower of (i) $1,000 or (ii) an amount sufficient to
cover the costs associated with standard and specification review and approval, projection
inspections, and compliance. Approval of general erosion and sediment control specifications by
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the Department does not relieve the owner or operator from compliance with any other local
ordinances and regulations including requirements to submit plans and obtain permits as may be
required by such ordinances and regulations.
F. In order to prevent further erosion, a VESCP authority may require approval of an erosion and
sediment control plan for any land identified by the VESCP authority as an erosion impact area.
G. For the purposes of subsections A and B, when land-disturbing activity will be required of a
contractor performing construction work pursuant to a construction contract, the preparation,
submission, and approval of an erosion and sediment control plan shall be the responsibility of
the owner.
§ § 62.1-44.15:56. State agency and federal entity projects.
A. A state agency shall not undertake a project involving a land-disturbing activity unless (i) the
state agency has submitted annual standards and specifications for its conduct of land-disturbing
activities that have been reviewed and approved by the Department as being consistent with this
article and associated regulations or (ii) the state agency has submitted an erosion and sediment
control plan for the project that has been reviewed and approved by the Department. When a
federal entity submits an erosion and sediment control plan for a project, land disturbance shall
not commence until the Department has reviewed and approved the plan.
B. The Department shall not approve an erosion and sediment control plan submitted by a state
agency or federal entity for a project involving a land-disturbing activity (i) in any locality that
has not adopted a local program with more stringent regulations than those of the state program
or (ii) in multiple jurisdictions with separate local programs, unless the erosion and sediment
control plan is consistent with the requirements of the state program.
C. The Department shall not approve an erosion and sediment control plan submitted by a state
agency or federal entity for a project involving a land-disturbing activity in one locality with a
local program with more stringent ordinances than those of the state program unless the erosion
and sediment control plan is consistent with the requirements of the local program. If a locality
has not submitted a copy of its local program regulations to the Department, the provisions of
subsection B shall apply.
D. The Department shall have 60 days in which to comment on any standards and specifications
or erosion and sediment control plan submitted to it for review, and its comments shall be
binding on the state agency and any private business hired by the state agency.
E. As onsite changes occur, the state agency shall submit changes in an erosion and sediment
control plan to the Department.
F. The state agency responsible for the land-disturbing activity shall ensure compliance with an
approved plan, and the Department and Board, where applicable, shall provide project oversight
and enforcement as necessary.
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G. If the state agency or federal entity has developed, and the Department has approved, annual
standards and specifications, and the state agency or federal entity has been approved by the
Board to operate a VESCP as a VESCP authority, erosion and sediment control plan review and
approval and land-disturbing activity inspections shall be conducted by such entity. The
Department and the Board, where applicable, shall provide project oversight and enforcement as
necessary and comprehensive program compliance review and evaluation. Such standards and
specifications shall be consistent with the requirements of this article and associated regulations
and the Stormwater Management Act (§ 62.1-44.15:24 et seq.) and associated regulations when
applicable.
§ 62.1-44.15:57. Approved plan required for issuance of grading, building, or other

permits; security for performance.
Agencies authorized under any other law to issue grading, building, or other permits for activities
involving land-disturbing activities regulated under this article shall not issue any such permit
unless the applicant submits with his application an approved erosion and sediment control plan
and certification that the plan will be followed and, upon the development of an online reporting
system by the Department but no later than July 1, 2014, evidence of Virginia Stormwater
Management Program permit coverage where it is required. Prior to issuance of any permit, the
agency may also require an applicant to submit a reasonable performance bond with surety, cash
escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to
the agency, to ensure that measures could be taken by the agency at the applicant's expense
should he fail, after proper notice, within the time specified to initiate or maintain appropriate
conservation action that may be required of him by the approved plan as a result of his land-
disturbing activity. The amount of the bond or other security for performance shall not exceed
the total of the estimated cost to initiate and maintain appropriate conservation action based on
unit price for new public or private sector construction in the locality and a reasonable allowance
for estimated administrative costs and inflation, which shall not exceed 25 percent of the
estimated cost of the conservation action. If the agency takes such conservation action upon such
failure by the permittee, the agency may collect from the permittee the difference should the
amount of the reasonable cost of such action exceed the amount of the security held. Within 60
days of the achievement of adequate stabilization of the land-disturbing activity in any project or
section thereof, the bond, cash escrow, letter of credit, or other legal arrangement, or the
unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated
based upon the percentage of stabilization accomplished in the project or section thereof. These
requirements are in addition to all other provisions of law relating to the issuance of such permits
and are not intended to otherwise affect the requirements for such permits.
§ 62.1-44.15:58. Monitoring, reports, and inspections.
A. The VESCP authority (i) shall provide for periodic inspections of the land-disturbing activity
and require that an individual holding a certificate of competence, as provided by § 62.1-
44.15:52, who will be in charge of and responsible for carrying out the land-disturbing activity
and (ii) may require monitoring and reports from the person responsible for carrying out the
erosion and sediment control plan, to ensure compliance with the approved plan and to determine
whether the measures required in the plan are effective in controlling erosion and sediment.
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However, any VESCP authority may waive the certificate of competence requirement for an
agreement in lieu of a plan for construction of a single-family residence. The owner, permittee,
or person responsible for carrying out the plan shall be given notice of the inspection. If the
VESCP authority, where authorized to enforce this article, or the Department determines that
there is a failure to comply with the plan following an inspection, notice shall be served upon the
permittee or person responsible for carrying out the plan by mailing with confirmation of
delivery to the address specified in the permit application or in the plan certification, or by
delivery at the site of the land-disturbing activities to the agent or employee supervising such
activities. The notice shall specify the measures needed to comply with the plan and shall specify
the time within which such measures shall be completed. Upon failure to comply within the time
specified, the permit may be revoked and the VESCP authority, where authorized to enforce this
article, the Department, or the Board may pursue enforcement as provided by § 62.1-44.15:63.
B. Notwithstanding the provisions of subsection A, a VESCP authority is authorized to enter into

agreements or contracts with districts, adjacent localities, or other public or private entities to
assist with the responsibilities of this article, including but not limited to the review and
determination of adequacy of erosion and sediment control plans submitted for land-disturbing
activities as well as monitoring, reports, inspections, and enforcement where an authority is
granted such powers by this article.
C. Upon issuance of an inspection report denoting a violation of this section, § 62.1-44.15:55 or

62.1-44.15:56, in conjunction with or subsequent to a notice to comply as specified in subsection
A, a VESCP authority, where authorized to enforce this article, or the Department may issue an
order requiring that all or part of the land-disturbing activities permitted on the site be stopped
until the specified corrective measures have been taken or, if land-disturbing activities have
commenced without an approved plan as provided in § 62.1-44.15:55, requiring that all of the
land-disturbing activities be stopped until an approved plan or any required permits are obtained.
Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion
of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where
the land-disturbing activities have commenced without an approved erosion and sediment control
plan or any required permits, such an order may be issued whether or not the alleged violator has
been issued a notice to comply as specified in subsection A. Otherwise, such an order may be
issued only after the alleged violator has failed to comply with a notice to comply. The order for
noncompliance with a plan shall be served in the same manner as a notice to comply, and shall
remain in effect for seven days from the date of service pending application by the VESCP
authority, the Department, or alleged violator for appropriate relief to the circuit court of the
jurisdiction wherein the violation was alleged to have occurred or other appropriate court. The
order for disturbance without an approved plan or permits shall be served upon the owner by
mailing with confirmation of delivery to the address specified in the land records of the locality,
shall be posted on the site where the disturbance is occurring, and shall remain in effect until
such time as permits and plan approvals are secured, except in such situations where an
agricultural exemption applies. If the alleged violator has not obtained an approved erosion and
sediment control plan or any required permit within seven days from the date of service of the
order, the Department or the chief administrative officer or his designee on behalf of the VESCP
authority may issue a subsequent order to the owner requiring that all construction and other
work on the site, other than corrective measures, be stopped until an approved erosion and
17
sediment control plan and any required permits have been obtained. The subsequent order shall
be served upon the owner by mailing with confirmation of delivery to the address specified in the
permit application or the land records of the locality in which the site is located. The owner may
appeal the issuance of any order to the circuit court of the jurisdiction wherein the violation was
alleged to have occurred or other appropriate court. Any person violating or failing, neglecting,
or refusing to obey an order issued by the Department or the chief administrative officer or his
designee on behalf of the VESCP authority may be compelled in a proceeding instituted in the
circuit court of the jurisdiction wherein the violation was alleged to have occurred or other
appropriate court to obey same and to comply therewith by injunction, mandamus, or other
appropriate remedy. Upon completion and approval of corrective action or obtaining an
approved plan or any required permits, the order shall immediately be lifted. Nothing in this
section shall prevent the Department, the Board, or the chief administrative officer or his
designee on behalf of the VESCP authority from taking any other action specified in § 62.1-
44.15:63.
§ 62.1-44.15:59. Reporting.
Each VESCP authority shall report to the Department, in a method such as an online reporting
system and on a time schedule established by the Department, a listing of each land-disturbing
activity for which a plan has been approved by the VESCP under this article.
§ 62.1-44.15:60. Right of entry.
The Department, the VESCP authority, where authorized to enforce this article, or any duly
authorized agent of the Department or such VESCP authority may, at reasonable times and under
reasonable circumstances, enter any establishment or upon any property, public or private, for
the purpose of obtaining information or conducting surveys or investigations necessary in the
enforcement of the provisions of this article.
In accordance with a performance bond with surety, cash escrow, letter of credit, any
combination thereof, or such other legal arrangement, a VESCP authority may also enter any
establishment or upon any property, public or private, for the purpose of initiating or maintaining
appropriate actions that are required by the permit conditions associated with a land-disturbing
activity when a permittee, after proper notice, has failed to take acceptable action within the time
specified.
§ 62.1-44.15:61. Cooperation with federal and state agencies.
A VESCP authority and the Board are authorized to cooperate and enter into agreements with
any federal or state agency in connection with the requirements for erosion and sediment control
with respect to land-disturbing activities.
§ 62.1-44.15:62. Judicial appeals.
A. A final decision by a county, city, or town, when serving as a VESCP authority under this
article, shall be subject to judicial review, provided that an appeal is filed within 30 days from
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the date of any written decision adversely affecting the rights, duties, or privileges of the person
engaging in or proposing to engage in land-disturbing activities.
B. Final decisions of the Board, Department, or district shall be subject to judicial review in
accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
§ 62.1-44.15:63. Penalties, injunctions and other legal actions.
A. Violators of § 62.1-44.15:55, 62.1-44.15:56, or 62.1-44.15:58 shall be guilty of a Class 1

misdemeanor.
B. Any person who has violated or failed, neglected, or refused to obey any regulation or order
of the Board, any order, notice, or requirement of the Department or VESCP authority, any
condition of a permit, or any provision of this article or associated regulation shall, upon a
finding of an appropriate court, be assessed a civil penalty. If a locality or district serving as a
VESCP authority has adopted a uniform schedule of civil penalties as permitted by subsection K
of § 62.1-44.15:54, such assessment shall be in accordance with the schedule. The VESCP
authority or the Department may issue a summons for collection of the civil penalty. In any trial
for a scheduled violation, it shall be the burden of the locality or Department to show the liability
of the violator by a preponderance of the evidence. An admission or finding of liability shall not
be a criminal conviction for any purpose. Any civil penalties assessed by a court shall be paid
into the treasury of the locality wherein the land lies, except that where the violator is the locality
itself, or its agent, or where the Department is issuing the summons, the court shall direct the
penalty to be paid into the state treasury.
C. The VESCP authority, the Department, or the owner of property that has sustained damage or
which is in imminent danger of being damaged may apply to the circuit court in any jurisdiction
wherein the land lies or other appropriate court to enjoin a violation or a threatened violation
under § 62.1-44.15:55, 62.1-44.15:56, or 62.1-44.15:58 without the necessity of showing that an
adequate remedy at law does not exist; however, an owner of property shall not apply for
injunctive relief unless (i) he has notified in writing the person who has violated the VESCP, the
Department, and the VESCP authority that a violation of the VESCP has caused, or creates a
probability of causing, damage to his property, and (ii) neither the person who has violated the
VESCP, the Department, nor the VESCP authority has taken corrective action within 15 days to
eliminate the conditions that have caused, or create the probability of causing, damage to his
property.
D. In addition to any criminal or civil penalties provided under this article, any person who
violates any provision of this article may be liable to the VESCP authority or the Department, as
appropriate, in a civil action for damages.
E. Without limiting the remedies that may be obtained in this section, any person violating or
failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained
pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to
exceed $2,000 for each violation. A civil action for such violation or failure may be brought by
the VESCP authority wherein the land lies or the Department. Any civil penalties assessed by a
19
court shall be paid into the treasury of the locality wherein the land lies, except that where the
violator is the locality itself, or its agent, or other VESCP authority, or where the penalties are
assessed as the result of an enforcement action brought by the Department, the court shall direct
the penalty to be paid into the state treasury.
F. With the consent of any person who has violated or failed, neglected, or refused to obey any
regulation or order of the Board, any order, notice, or requirement of the Department or VESCP
authority, any condition of a permit, or any provision of this article or associated regulations, the
Board, the Director, or VESCP authority may provide, in an order issued by the Board or
VESCP authority against such person, for the payment of civil charges for violations in specific
sums, not to exceed the limit specified in subsection E. Such civil charges shall be instead of any
appropriate civil penalty that could be imposed under subsection B or E.
G. Upon request of a VESCP authority, the attorney for the Commonwealth shall take legal
action to enforce the provisions of this article. Upon request of the Board, the Department, or the
district, the Attorney General shall take appropriate legal action on behalf of the Board, the
Department, or the district to enforce the provisions of this article.
H. Compliance with the provisions of this article shall be prima facie evidence in any legal or
equitable proceeding for damages caused by erosion or sedimentation that all requirements of
law have been met and the complaining party must show negligence in order to recover any
damages.
§ 62.1-44.15:64. Stop work orders by Department; civil penalties.
A. An aggrieved owner of property sustaining pecuniary damage resulting from a violation of an

approved erosion and sediment control plan or required permit, or from the conduct of land-
disturbing activities commenced without an approved plan or required permit, may give written
notice of the alleged violation to the VESCP authority and to the Director.
B. Upon receipt of the notice from the aggrieved owner and notification to the VESCP authority,
the Director shall conduct an investigation of the aggrieved owner's complaint.
C. If the VESCP authority has not responded to the alleged violation in a manner that causes the
violation to cease and abates the damage to the aggrieved owner's property within 30 days
following receipt of the notice from the aggrieved owner, the aggrieved owner may request that
the Director require the violator to stop the violation and abate the damage to his property.
D. If (i) the Director's investigation of the complaint indicates that the VESCP authority has not
responded to the alleged violation as required by the VESCP, (ii) the VESCP authority has not
responded to the alleged violation within 30 days from the date of the notice given pursuant to
subsection A, and (iii) the Director is requested by the aggrieved owner to require the violator to
cease the violation, then the Director shall give written notice to the VESCP authority that the
Department intends to issue an order pursuant to subsection E.
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E. If the VESCP authority has not instituted action to stop the violation and abate the damage to
the aggrieved owner's property within 10 days following receipt of the notice from the Director,
the Department is authorized to issue an order requiring the owner, permittee, person responsible
for carrying out an approved erosion and sediment control plan, or person conducting the land-
disturbing activities without an approved plan or required permit to cease all land-disturbing
activities until the violation of the plan or permit has ceased or an approved plan and required
permits are obtained, as appropriate, and specified corrective measures have been completed.
The Department also may immediately initiate a program review of the VESCP.
F. Such orders are to be issued after a hearing held in accordance with the requirements of the
Administrative Process Act (§ 2.2-4000 et seq.), and they shall become effective upon service on
the person by mailing with confirmation of delivery, sent to his address specified in the land
records of the locality, or by personal delivery by an agent of the Director. Any subsequent
identical mail or notice that is sent by the Department may be sent by regular mail. However, if
the Department finds that any such violation is grossly affecting or presents an imminent and
substantial danger of causing harmful erosion of lands or sediment deposition in waters within
the watersheds of the Commonwealth, it may issue, without advance notice or hearing, an
emergency order directing such person to cease all land-disturbing activities on the site
immediately and shall provide an opportunity for a hearing, after reasonable notice as to the time
and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order.
G. If a person who has been issued an order or emergency order is not complying with the terms
thereof, the Board may institute a proceeding in the appropriate circuit court for an injunction,
mandamus, or other appropriate remedy compelling the person to comply with such order.
H. Any person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or
other remedy obtained pursuant to subsection G shall be subject, in the discretion of the court, to
a civil penalty not to exceed $2,000 for each violation. Any civil penalties assessed by a court
shall be paid into the state treasury.
§ 62.1-44.15:65. Authorization for more stringent regulations.
A. As part of a VESCP, a district or locality is authorized to adopt more stringent soil erosion
and sediment control regulations or ordinances than those necessary to ensure compliance with
the Board's regulations, provided that the more stringent regulations or ordinances are based
upon factual findings of local or regional comprehensive watershed management studies or
findings developed through the implementation of an MS4 permit or a locally adopted watershed
management study and are determined by the district or locality to be necessary to prevent any
further degradation to water resources, to address total maximum daily load requirements, to
protect exceptional state waters, or to address specific existing water pollution including nutrient
and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive
localized flooding within the watershed and that prior to adopting more stringent regulations or
ordinances, a public hearing is held after giving due notice. The VESCP authority shall report to
the Board when more stringent stormwater management regulations or ordinances are
determined to be necessary pursuant to this section. However, this section shall not be construed
21
to authorize any district or locality to impose any more stringent regulations for plan approval or
permit issuance than those specified in §§ 62.1-44.15:55 and 62.1-44.15:57.
B. Any provisions of an erosion and sediment control program in existence before July 1, 2012,
that contains more stringent provisions than this article shall be exempt from the analysis
requirements of subsection A.
§ 62.1-44.15:66. No limitation on authority of Water Control Board or Department of

Mines, Minerals and Energy.
The provisions of this article shall not limit the powers or duties of the Department of Mines,
Minerals and Energy as they relate to strip mine reclamation under Chapters 16 (§ 45.1-180 et
seq.) and 19 (§ 45.1-226 et seq.) of Title 45.1 or oil or gas exploration under the Virginia Gas
and Oil Act (§ 45.1-361.1 et seq.).
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The following is a complete, edited text (unofficial copy) of the Virginia Erosion and
Sediment Control Regulations (4VAC50-30). Please refer to the Virginia Administrative
Code for an official copy of the Regulations.
4VAC50-30-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings
unless the context clearly indicates otherwise. In addition, some terms not defined herein are
defined in § 62.1-44.15:51of the Erosion and Sediment Control Law.
"Act" means the Erosion and Sediment Control Law, Article 4 62.1-44.15:51 et seq.) of Chapter
5 of Title 10.1 of the Code of Virginia.
"Adequate channel" means a watercourse that will convey the designated frequency storm event
without overtopping its banks or causing erosive damage to the bed, banks and overbank sections
of the same.
"Agreement in lieu of a plan" means a contract between the VESCP authority and the owner that
specifies conservation measures that must be implemented in the construction of a single-family
residence; this contract may be executed by the VESCP authority in lieu of an erosion and
sediment control plan.
"Applicant" means any person submitting an erosion and sediment control plan or an agreement
in lieu of a plan for approval or requesting the issuance of a permit, when required, authorizing
land-disturbing activities to commence.
"Board" means the Virginia Soil and Water Conservation Board.
"Causeway" means a temporary structural span constructed across a flowing watercourse or

wetland to allow construction traffic to access the area without causing erosion damage.
"Channel" means a natural stream or manmade waterway.
"Cofferdam" means a watertight temporary structure in a river, lake, etc., for keeping the water
from an enclosed area that has been pumped dry so that bridge foundations, dams, etc., may be
constructed.
"Dam" means a barrier to confine or raise water for storage or diversion, to create a hydraulic
head, to prevent gully erosion, or to retain soil, rock or other debris.
"Denuded" means a term applied to land that has been physically disturbed and no longer
supports vegetative cover.
"Department" means the Department of Environmental Quality.
23
"Development" means a tract or parcel of land developed or to be developed as a single unit

under single ownership or unified control which is to be used for any business or industrial
purpose or is to contain three or more residential dwelling units.
"Dike" means an earthen embankment constructed to confine or control water, especially one
built along the banks of a river to prevent overflow of lowlands; levee.
"Director" means the Director of the Department of Environmental Quality.
"District" or "soil and water conservation district" means a political subdivision of the
Commonwealth organized in accordance with the provisions of Article 3 (§ 10.1- 506 et seq.) of
Chapter 5 of Title 10.1 of the Code of Virginia.
"Diversion" means a channel with a supporting ridge on the lower side constructed across or at
the bottom of a slope for the purpose of intercepting surface runoff.
"Dormant" refers to denuded land that is not actively being brought to a desired grade or
condition.
"Energy dissipator" means a nonerodible structure which reduces the velocity of concentrated
flow to reduce its erosive effects.
"Erosion and Sediment Control Plan" or "plan" means a document containing material for the
conservation of soil and water resources of a unit or group of units of land. It may include
with needed interpretations, and a record of decisions contributing to conservation treatment. The
plan shall contain all major conservation decisions and all information deemed necessary by the
plan-approving authority to assure that the entire unit or units of land will be so treated to
achieve the conservation objectives.
"Flume" means a constructed device lined with erosion-resistant materials intended to convey
water on steep grades.
"Live watercourse" means a definite channel with bed and banks within which concentrated
water flows continuously.
"Locality" means a county, city or town.
"Natural stream" means nontidal waterways that are part of the natural topography. They usually
maintain a continuous or seasonal flow during the year and are characterized as being irregular in
cross-section with a meandering course. Constructed channels such as drainage ditches or swales
shall not be considered natural streams.
"Nonerodible" means a material, e.g., riprap, concrete, plastic, etc., that will not experience
surface wear due to natural forces.
24
"Person" means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, cooperative,
county, city, town or other political subdivision of the Commonwealth, governmental body,
including a federal or state entity as applicable, any interstate body, or any other legal entity.
"Post-development" refers to conditions that may be reasonably expected or anticipated to exist

after completion of the land development activity on a specific site or tract of land.
"Program administrator" means the person or persons responsible for administering and
enforcing the erosion and sediment control program of a VESCP authority.
"Pre-development" refers to conditions at the time the erosion and sediment control plan is
submitted to the VESCP authority. Where phased development or plan approval occurs
(preliminary grading, roads and utilities, etc.), the existing conditions at the time the erosion and
sediment control plan for the initial phase is submitted for approval shall establish pre-
development conditions.
"Sediment basin" means a temporary impoundment built to retain sediment and debris with a
controlled stormwater release structure.
"Sediment trap" means a temporary impoundment built to retain sediment and debris which is
formed by constructing an earthen embankment with a stone outlet.
"Sheet flow" (also called overland flow) means shallow, unconcentrated and irregular flow down
a slope. The length of strip for overland flow usually does not exceed 200 feet under natural
conditions.
"Shore erosion control project" means an erosion control project approved by local wetlands
boards, the Virginia Marine Resources Commission, the Virginia Department of Environmental
Quality or the United States Army Corps of Engineers and located on tidal waters and within
nonvegetated or vegetated wetlands as defined in Title 28.2 of the Code of Virginia.
"Slope drain" means tubing or conduit made of nonerosive material extending from the top to the
bottom of a cut or fill slope with an energy dissipator at the outlet end.
"Stabilized" means land that has been treated to withstand normal exposure to natural forces
without incurring erosion damage.
"Storm sewer inlet" means a structure through which stormwater is introduced into an
underground conveyance system.
"Stormwater detention" means the process of temporarily impounding runoff and discharging it
through a hydraulic outlet structure to a downstream conveyance system.
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"Temporary vehicular stream crossing" means a temporary nonerodible structural span installed
across a flowing watercourse for use by construction traffic. Structures may include bridges,
round pipes or pipe arches constructed on or through nonerodible material.
"Ten-year storm" means a storm that is capable of producing rainfall expected to be equaled or
exceeded on the average of once in 10 years. It may also be expressed as an exceedence
probability with a 10% chance of being equaled or exceeded in any given year.
"Two-year storm" means a storm that is capable of producing rainfall expected to be equaled or
exceeded on the average of once in two years. It may also be expressed as an exceedence
probability with a 50% chance of being equaled or exceeded in any given year.
"Twenty-five-year storm" means a storm that is capable of producing rainfall expected to be

equaled or exceeded on the average of once in 25 years. It may also be expressed as exceedence
probability with a 4.0% chance of being equaled or exceeded in any given year.
the board that has been established by a VESCP authority for the effective control of soil
and requirements for plan review, inspection, enforcement where authorized in this article, and
evaluation consistent with the requirements of the Act and this chapter.
authority approved by the board to operate a Virginia Erosion and Sediment Control Program.
An authority may include a state entity, including the department; a federal entity; a district,
county, city, or town; or for linear projects subject to annual standards and specifications,
electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline
companies, railroad companies, or authorities created pursuant to § 15.2-5102 of the Code of
Virginia.
9VAC25-840-20. Purpose.
The purpose of this chapter is to form the basis for the administration, implementation and
enforcement of the Act. The intent of this chapter is to establish the framework for compliance
with the Act while at the same time providing flexibility for innovative solutions to erosion and
sediment control concerns.
9VAC25-840-30. Scope and applicability.
A. This chapter sets forth minimum standards for the effective control of soil erosion, sediment
deposition, and nonagricultural runoff that must be met:
1. In VESCPs adopted under § 62.1-44.15:54 of the Act;
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2. In erosion and sediment control plans that may be submitted directly to the department
pursuant to § 62.1-44.15:55 A of the Act;
3. In annual general erosion and sediment control standards and specifications that electric,
natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline
companies, and railroad companies are required to file, and authorities created pursuant to §
15.2-5102 of the Code of Virginia may file with the department pursuant to § 62.1-44.15:55 D
of the Act;
4. In erosion and sediment control plans or annual standards and specifications that state
agencies are required to file with the department pursuant to § 62.1-44.15:56 of the Act; and
5. In erosion and sediment control plans or annual standards and specifications that federal
agencies may submit to the department pursuant to § 62.1-44.15:56 of the Act.
B. The submission of annual standards and specifications to the department does not eliminate
the need where applicable for a project specific Erosion and Sediment Control Plan.
C. In accordance with Item 360 I1 of Chapter 3 of the 2012 Virginia Acts of Assembly, Special
Session 1, public institutions of higher education, including community colleges, colleges, and
universities, shall be subject to project review and compliance for state erosion and sediment
control requirements by the VESCP authority of the locality within which the land-disturbing
activity is located, unless such institution submits annual specifications to the Department in
accordance with § 62.1-44.15:56 A (i) of the Code of Virginia.
D. Any VESCP authority that administers a VESCP may charge applicants a reasonable fee to
defray the costs of program administration. Such fee may be in addition to any fee charged for
administration of a Virginia stormwater management program, although payment of fees may be
consolidated in order to provide greater convenience and efficiency for those responsible for
compliance with the programs. A VESCP authority shall hold a public hearing prior to
establishing a schedule of fees. The fee shall not exceed an amount commensurate with the
services rendered, taking into consideration the time, skill, and the VESCP authority's expense
involved.
9VAC25-840-40. Minimum standards.
A VESCP must be consistent with the following criteria, techniques and methods:
1. Permanent or temporary soil stabilization shall be applied to denuded areas within seven days
after final grade is reached on any portion of the site. Temporary soil stabilization shall be
applied within seven days to denuded areas that may not be at final grade but will remain
dormant for longer than 14 days. Permanent stabilization shall be applied to areas that are to be
left dormant for more than one year.
2. During construction of the project, soil stock piles and borrow areas shall be stabilized or
protected with sediment trapping measures. The applicant is responsible for the temporary
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protection and permanent stabilization of all soil stockpiles on site as well as borrow areas and
soil intentionally transported from the project site.
3. A permanent vegetative cover shall be established on denuded areas not otherwise

permanently stabilized. Permanent vegetation shall not be considered established until a ground
cover is achieved that is uniform, mature enough to survive and will inhibit erosion.
4. Sediment basins and traps, perimeter dikes, sediment barriers and other measures intended to
trap sediment shall be constructed as a first step in any land-disturbing activity and shall be made
functional before upslope land disturbance takes place.
5. Stabilization measures shall be applied to earthen structures such as dams, dikes and
diversions immediately after installation.
6. Sediment traps and sediment basins shall be designed and constructed based upon the total
drainage area to be served by the trap or basin.
a. The minimum storage capacity of a sediment trap shall be 134 cubic yards per acre of drainage
area and the trap shall only control drainage areas less than three acres.
b. Surface runoff from disturbed areas that is comprised of flow from drainage areas greater than
or equal to three acres shall be controlled by a sediment basin. The minimum storage capacity of
a sediment basin shall be 134 cubic yards per acre of drainage area. The outfall system shall, at a
minimum, maintain the structural integrity of the basin during a 25-year storm of 24-hour
duration. Runoff coefficients used in runoff calculations shall correspond to a bare earth
condition or those conditions expected to exist while the sediment basin is utilized.
7. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion.
Slopes that are found to be eroding excessively within one year of permanent stabilization shall
be provided with additional slope stabilizing measures until the problem is corrected.
8. Concentrated runoff shall not flow down cut or fill slopes unless contained within an adequate
temporary or permanent channel, flume or slope drain structure.
9. Whenever water seeps from a slope face, adequate drainage or other protection shall be
provided.
10. All storm sewer inlets that are made operable during construction shall be protected so that
sediment-laden water cannot enter the conveyance system without first being filtered or
otherwise treated to remove sediment.
11. Before newly constructed stormwater conveyance channels or pipes are made operational,
adequate outlet protection and any required temporary or permanent channel lining shall be
installed in both the conveyance channel and receiving channel.
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12. When work in a live watercourse is performed, precautions shall be taken to minimize
encroachment, control sediment transport and stabilize the work area to the greatest extent
possible during construction. Nonerodible material shall be used for the construction of
causeways and cofferdams. Earthen fill may be used for these structures if armored by
nonerodible cover materials.
13. When a live watercourse must be crossed by construction vehicles more than twice in any
six-month period, a temporary vehicular stream crossing constructed of nonerodible material
shall be provided.
14. All applicable federal, state and local requirements pertaining to working in or crossing live
watercourses shall be met.
15. The bed and banks of a watercourse shall be stabilized immediately after work in the
watercourse is completed.
16. Underground utility lines shall be installed in accordance with the following standards in
addition to other applicable criteria:
a. No more than 500 linear feet of trench may be opened at one time.
b. Excavated material shall be placed on the uphill side of trenches.
c. Effluent from dewatering operations shall be filtered or passed through an approved sediment
trapping device, or both, and discharged in a manner that does not adversely affect flowing
streams or off-site property.
d. Material used for backfilling trenches shall be properly compacted in order to minimize
erosion and promote stabilization.
e. Restabilization shall be accomplished in accordance with this chapter.
f. Applicable safety requirements shall be complied with.
17. Where construction vehicle access routes intersect paved or public roads, provisions shall be
made to minimize the transport of sediment by vehicular tracking onto the paved surface. Where
sediment is transported onto a paved or public road surface, the road surface shall be cleaned
thoroughly at the end of each day. Sediment shall be removed from the roads by shoveling or
sweeping and transported to a sediment control disposal area. Street washing shall be allowed
only after sediment is removed in this manner. This provision shall apply to individual
development lots as well as to larger land-disturbing activities.
18. All temporary erosion and sediment control measures shall be removed within 30 days after
final site stabilization or after the temporary measures are no longer needed, unless otherwise
authorized by the VESCP authority. Trapped sediment and the disturbed soil areas resulting from
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the disposition of temporary measures shall be permanently stabilized to prevent further erosion
and sedimentation.
19. Properties and waterways downstream from development sites shall be protected from
sediment deposition, erosion and damage due to increases in volume, velocity and peak flow rate
of stormwater runoff for the stated frequency storm of 24-hour duration in accordance with the
following standards and criteria. Stream restoration and relocation projects that incorporate
natural channel design concepts are not man-made channels and shall be exempt from any flow
rate capacity and velocity requirements for natural or man-made channels:
a. Concentrated stormwater runoff leaving a development site shall be discharged directly into an
adequate natural or man-made receiving channel, pipe or storm sewer system. For those sites
where runoff is discharged into a pipe or pipe system, downstream stability analyses at the
outfall of the pipe or pipe system shall be performed.
b. Adequacy of all channels and pipes shall be verified in the following manner:
(1) The applicant shall demonstrate that the total drainage area to the point of analysis within the
channel is one hundred times greater than the contributing drainage area of the project in
question; or
(2)(a) Natural channels shall be analyzed by the use of a two-year storm to verify that stormwater
will not overtop channel banks nor cause erosion of channel bed or banks.
(b) All previously constructed man-made channels shall be analyzed by the use of a ten-year
storm to verify that stormwater will not overtop its banks and by the use of a two-year storm to
demonstrate that stormwater will not cause erosion of channel bed or banks; and
(c) Pipes and storm sewer systems shall be analyzed by the use of a ten-year storm to verify that
stormwater will be contained within the pipe or system.
c. If existing natural receiving channels or previously constructed man-made channels or pipes

are not adequate, the applicant shall:
(1) Improve the channels to a condition where a ten-year storm will not overtop the banks and a
two-year storm will not cause erosion to channel the bed or banks; or
(2) Improve the pipe or pipe system to a condition where the ten-year storm is contained within
the appurtenances;
(3) Develop a site design that will not cause the pre-development peak runoff rate from a two-
year storm to increase when runoff outfalls into a natural channel or will not cause the pre-
development peak runoff rate from a ten-year storm to increase when runoff outfalls into a man-
made channel; or
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(4) Provide a combination of channel improvement, stormwater detention or other measures

which is satisfactory to the VESCP authority to prevent downstream erosion.
d. The applicant shall provide evidence of permission to make the improvements.
e. All hydrologic analyses shall be based on the existing watershed characteristics and the
ultimate development condition of the subject project.
f. If the applicant chooses an option that includes stormwater detention, he shall obtain approval
from the VESCP of a plan for maintenance of the detention facilities. The plan shall set forth the
maintenance requirements of the facility and the person responsible for performing the
maintenance.
g. Outfall from a detention facility shall be discharged to a receiving channel, and energy
dissipators shall be placed at the outfall of all detention facilities as necessary to provide a
stabilized transition from the facility to the receiving channel.
h. All on-site channels must be verified to be adequate.
i. Increased volumes of sheet flows that may cause erosion or sedimentation on adjacent property
shall be diverted to a stable outlet, adequate channel, pipe or pipe system, or to a detention
facility.
j. In applying these stormwater management criteria, individual lots or parcels in a residential,

commercial or industrial development shall not be considered to be separate development
projects. Instead, the development, as a whole, shall be considered to be a single development
project. Hydrologic parameters that reflect the ultimate development condition shall be used in
all engineering calculations.
k. All measures used to protect properties and waterways shall be employed in a manner which
minimizes impacts on the physical, chemical and biological integrity of rivers, streams and other
waters of the state.
l. Any plan approved prior to July 1, 2014, that provides for stormwater management that
addresses any flow rate capacity and velocity requirements for natural or man-made channels
shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if
the practices are designed to (i) detain the water quality volume and to release it over 48 hours;
(ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-
hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5, 2, and 10-year,
24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it
was in a good forested condition, achieved through multiplication of the forested peak flow rate
by a reduction factor that is equal to the runoff volume from the site when it was in a good
forested condition divided by the runoff volume from the site in its proposed condition, and shall
be exempt from any flow rate capacity and velocity requirements for natural or man-made
channels as defined in any regulations promulgated pursuant to § 62.1-44.15:54 or 62.1-
44.15:65 of the Act.
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m. For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements
of § 62.1-44.15:52 A of the Act and this subsection shall be satisfied by compliance with water
quantity requirements in the Stormwater Management Act (§62.1-44.15:24 et seq. of the Code of
Virginia) and attendant regulations, unless such land-disturbing activities are in accordance with
9VAC25-870-48 of the Virginia Stormwater Management Program (VSMP) Permit Regulations.
n. Compliance with the water quantity minimum standards set out in 9VAC25-870-66 of the
Virginia Stormwater Management Program (VSMP) Permit Regulations shall be deemed to
satisfy the requirements of Minimum Standard 19.
9VAC25-840-50. Variances.
The VESCP authority may waive or modify any of the requirements that are deemed
inappropriate or too restrictive for site conditions, by granting a variance. A variance may be
granted under these conditions:
1. At the time of plan submission, an applicant may request a variance to become part of the
approved erosion and sediment control plan. The applicant shall explain the reasons for
requesting variances in writing. Specific variances which are allowed by the VESCP authority
shall be documented in the plan.
2. During construction, the person responsible for implementing the approved plan may request a
variance in writing from the VESCP authority. The VESCP authority shall respond in writing
either approving or disapproving such a request. If the VESCP authority does not approve a
variance within 10 days of receipt of the request, the request shall be considered to be
disapproved. Following disapproval, the applicant may resubmit a variance request with
additional documentation.
3. The VESCP authority shall consider variance requests judiciously, keeping in mind both the
need of the applicant to maximize cost effectiveness and the need to protect off-site properties
and resources from damage.
9VAC25-840-60. Maintenance and inspections.
A. All erosion and sediment control structures and systems shall be maintained, inspected and
repaired as needed to insure continued performance of their intended function. A statement
describing the maintenance responsibilities of the permittee shall be included in the approved
erosion and sediment control plan.
B. Periodic inspections are required on all projects by the VESCP authority. The VESCP
authority shall either:
1. Provide for an inspection during or immediately following initial installation of erosion and
sediment controls, at least once in every two-week period, within 48 hours following any runoff
producing storm event, and at the completion of the project prior to the release of any
performance bonds; or
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2. Establish an alternative inspection program which ensures compliance with the approved
erosion and sediment control plan. Any alternative inspection program shall be:
a. Approved by the board prior to implementation;
b. Established in writing;
c. Based on a system of priorities that, at a minimum, address the amount of disturbed project
area, site conditions and stage of construction; and
d. Documented by inspection records.
9VAC25-840-65. Reporting.
Each VESCP authority shall report to the department, in a method such as an online reporting
system and on a time schedule established by the department, a listing of each land-disturbing
activity for which a plan has been approved by the VESCP authority under the Act and this
chapter.
9VAC25-840-70. Developments.
A. An erosion and sediment control plan shall be filed for a development and the buildings
constructed within, regardless of the phasing of construction.
B. If individual lots or sections in a residential development are being developed by different

property owners, all land-disturbing activities related to the building construction shall be
covered by an erosion and sediment control plan or an "Agreement in Lieu of a Plan" signed by
the property owner.
C. Land-disturbing activity of less than 10,000 square feet on individual lots in a residential
development shall not be considered exempt from the provisions of the Act and this chapter if
the total land-disturbing activity in the development is equal to or greater than 10,000 square
feet.
9VAC25-840-80. Criteria for determining status of land-disturbing activity.
A. The program administrator shall determine the validity of a claim of exempt status by a
property owner who disturbs 10,000 square feet or more or 2,500 square feet or more in areas of
jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and
Management Regulations (9VAC25-830). As soon as a nonexempt status is determined, the
requirements of the Act shall be immediately enforced.
B. Should a land-disturbing activity not begin during the 180-day period following plan approval
or cease for more than 180 days, the VESCP authority may evaluate the existing approved
erosion and sediment control plan to determine whether the plan still satisfies local and state
erosion and sediment control criteria and to verify that all design factors are still valid. If the
33
VESCP authority finds the previously filed plan to be inadequate, a modified plan shall be
submitted and approved prior to the resumption of land-disturbing activity.
C. Shore erosion control projects are not subject to this chapter. However, land-disturbing
activity immediately outside the limits of the shore erosion project is subject to the Act and this
chapter.
D. Whenever land-disturbing activity involves activity at a separate location (including but not
limited to borrow and disposal areas), the VESCP authority may either:
1. Consider the off-site activity as being part of the proposed land-disturbing activity; or
2. If the off-site activity is already covered by an approved erosion and sediment control plan, the
VESCP authority may require the applicant to provide proof of the approval and to certify that
the plan will be implemented in accordance with a the Act and this chapter.
9VAC25-840-90. Review and evaluation of VESCPs: minimum program standards.
A. This section sets forth the criteria that will be used by the department to determine whether a
VESCP operating under authority of the Act, satisfies minimum standards of effectiveness, as
follows.
Each VESCP must contain an ordinance or other appropriate document or documents adopted by
the VESCP authority. Such document or documents must be consistent with the Act and this
chapter, including the following criteria:
1. The document or documents shall include or reference the definition of land-disturbing

activity including exemptions, as well as any other significant terms, as necessary to produce an
effective VESCP.
2. The document or documents shall identify the VESCP authority and any soil and water
conservation district, adjacent locality, or other public or private entities that the VESCP
authority entered into agreements or contracts with to assist with carrying out the provisions of
the Act and this chapter, and must include the requirements and design standards to be used in
the program.
3. The document or documents shall include procedures for submission and approval of plans,
issuance of permits, monitoring and inspections of land-disturbing activities. The position,
agency, department, or other party responsible for conducting inspections shall be identified. The
VESCP authority shall maintain, either on-site or in VESCP files, a copy of the approved plan
and a record of inspections for each active land-disturbing activity.
4. Each VESCP operated by a county, city, or town shall include provisions for the integration of
the VESCP with Virginia stormwater management, flood insurance, flood plain management,
and other programs requiring compliance prior to authorizing a land-disturbing activity in order
to make the submission and approval of plans, issuance of permits, payment of fees, and
34
coordination of inspection and enforcement activities more convenient and efficient both for the
local governments and those responsible for compliance with the programs.
5. The VESCP authority must take appropriate enforcement actions, where authorized to do so,
to achieve compliance with the program and maintain a record of enforcement actions for all
active land-disturbing activities.
B. The department will coordinate the review with its other program reviews for the same entity
to avoid redundancy. The review and evaluation of a local program shall consist of the
following: (i) consultation with the local program administrator or designee or designees; (ii)
review of the local ordinance and other applicable documents; (iii) review of plans approved by
the program; (iv) inspection of regulated activities; and (v) review of enforcement actions where
authorized to do so. The department is also authorized to conduct a partial program compliance
review.
C. Local programs shall be reviewed and evaluated for effectiveness in carrying out the Act and
this chapter using the criteria in this section.
D. If deficiencies noted in the review will cause the erosion and sediment control program to be
inconsistent with the state program and this chapter, the board shall provide the VESCP authority
with a copy of its decision that specifies the deficiencies, action needed to be taken, and an
approved corrective action plan and schedule required to attain the minimum standard of
effectiveness. If the VESCP authority has not implemented the necessary compliance actions
identified by the board within the corrective action schedule, or such additional period as is
granted to complete the implementation of the corrective action, then the board shall have the
authority to (i) issue a special order to any VESCP imposing a civil penalty set out in § 62.1-
44.15:54 F of the Act or (ii) revoke its approval of the VESCP. The Administrative Process Act
(§ 2.2-4000 et seq. of the Code of Virginia) shall govern the activities and proceedings of the
board and the judicial review thereof. In lieu of issuing a special order or revoking the program,
the board is authorized to take legal action against a VESCP to ensure compliance.
E. Review and evaluation of VESCPs shall be conducted according to a schedule adopted by the
department.
9VAC25-840-100. State agency projects.
A. All state agency land-disturbing activities that are not exempt and that have commenced
without an approved erosion and sediment control plan shall immediately cease until the state
agency has submitted annual standards and specifications for its conduct of land-disturbing
activities which has been reviewed and approved by the department as being consistent with the
Act and this chapter, or an erosion and sediment control plan has been submitted to and approved
by the department. A formal "Notice of Plan Requirement" will be sent to the state agency under
whose purview the project lies since that agency is responsible for compliance with the Act and
this chapter.
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B. Where inspections by department personnel reveal deficiencies in carrying out an approved

plan, the person responsible for carrying out the plan, as well as the state agency responsible,
will be issued a notice to comply with specific actions and the deadlines that shall be met. Failure
to meet the prescribed deadlines can result in the issuance of a stop work order for all land-
disturbing activities on the project at the discretion of the department. The stop work order will
be lifted once the required erosion and sediment control measures are in place and inspected by
department staff.
C. Whenever the Commonwealth or any of its agencies fails to comply within the time provided
in an appropriate final order, the director of the department may petition for compliance as
follows: For violations in the Natural Resources Secretariat, to the Secretary of Natural
Resources; for violations in other secretariats, to the appropriate Secretary; for violations in other
state agencies, to the head of such agency. Where the petition does not achieve timely
compliance, the director shall bring the matter to the Governor for resolution. The board or the
department may also pursue enforcement as provided by § 62.1-44.15:63 of the Act.
D. Where compliance will require the appropriation of funds, the director shall cooperate with
the appropriate agency head in seeking such an appropriation; where the director determines that
an emergency exists, he shall petition the Governor for funds from the Civil Contingency Fund
or other appropriate source.
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The following is a complete, edited text (unofficial copy) of the Virginia Erosion and
Sediment Control and Stormwater Management Certification Regulations (4VAC50-50).
Please refer to the Virginia Administrative Code for an official copy of the Certification
Regulations.
4VAC50-50-10. Definitions.
The following words and terms, when used in this chapter, shall have the following meanings,
unless the context clearly indicates otherwise.
"Applicant" means any person submitting a request to be considered for certification.
"Board" means the Virginia Soil and Water Conservation Board.
"Certification" means the process whereby the board, on behalf of the Commonwealth, issues a
certificate to persons who have completed board-approved training programs and met any
additional eligibility requirements of 4VAC50-50-50 related to the specified classifications
(4VAC50-50-40) within the areas of ESC or SWM or in other ways demonstrated adequate
knowledge and experience in accordance with the eligibility requirements of 4VAC50-50-50 in
the specified classifications within the areas of ESC or SWM.
"Certified combined administrator for ESC" means an employee or agent of a VESCP authority
who holds a certificate of competence from the board in the combined ESC classifications of
program administrator, plan reviewer, and project inspector in the area of ESC. "Certified
combined administrator for SWM" means an employee or agent of a VSMP authority who holds
a certificate of competence from the board in the combined classifications of program
administrator, plan reviewer, and project inspector in the area of SWM.
"Certified project inspector for ESC" means an employee or agent of a VESCP authority who
holds a certificate of competence from the board in the classification of project inspector in the
area of ESC.
"Certified project inspector for SWM" means an employee or agent of a VSMP authority who
holds a certificate of competence from the board in the classification of project inspector in the
area of SWM.
"Certified plan reviewer for ESC" means an employee or agent of a VESCP authority who: (i)
holds a certificate of competence from the board in the classification of plan reviewer in the area
of ESC; (ii) is licensed as a professional engineer, architect, certified landscape architect, or land
surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of
Virginia; or (iii) is a professional soil scientist as defined in Chapter 22 (§ 54.1-2200 et seq.) of
Title 54.1 of the Code of Virginia.
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"Certified plan reviewer for SWM" means an employee or agent of a VSMP authority who holds
a certificate of competence from the board in the classification of plan reviewer in the area of
SWM.
"Certified program administrator for ESC" means an employee or agent of a VESCP authority
who holds a certificate of competence from the board in the classification of program
administrator in the area of ESC.
"Certified program administrator for SWM" means an employee or agent of a VSMP authority
who holds a certificate of competence from the board in the classification of program
administrator in the area of SWM.
"Classification" refers to the four specific certificate of competence classifications within the
areas of ESC or SWM that make up activities being performed (program administrator, plan
reviewer, project inspector, and combined administrator).
"Combined administrator for ESC" means anyone who is responsible for performing the
combined duties of a program administrator, plan reviewer and project inspector of a VESCP
authority.
"Combined administrator for SWM" means anyone who is responsible for performing the
combined duties of a program administrator, plan reviewer and project inspector of a VSMP
authority.
"Department" means the Department of Conservation and Recreation.
"ESC" means erosion and sediment control.
"ESC Act" means the Erosion and Sediment Control Law, Article 4 (§62.1-44.15:51 et seq.) of
Title 62.1 Waters of the State, Ports and Harbors, Chapter 3.1 State Water Control Law.
"Erosion and sediment control plan" or "ESC plan" means a document containing material for
the conservation of soil and water resources of a unit or group of units of land. It may include
with needed interpretations, and a record of all decisions contributing to conservation treatment.
The plan shall contain all major conservation decisions to ensure that the entire unit or units of
land will be so treated to achieve the conservation objective.
"Plan reviewer" means anyone who is responsible for determining the accuracy of ESC plans and
supporting documents or SWM plans and supporting documents for approval by a VESCP
authority or a VSMP authority as may be applicable in the areas of ESC or SWM.
"Program administrator" means the person or persons responsible for administering and
enforcing the VESCP or VSMP of a VESCP authority or a VSMP authority as may be applicable
in the areas of ESC or SWM.
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"Project inspector" means anyone who, as a representative of a VESCP authority or a VSMP

authority, is responsible for periodically examining the ESC or SWM activities and premises of a
land-disturbing activity for compliance with the ESC Act and Regulations or the SWM Act and
Regulations as may be applicable.
"Stormwater management plan" or "SWM plan" means a document containing material

describing methods for complying with the requirements of a VSMP and the SWM Act and its
attendant regulations.
"SWM" means stormwater management.
"SWM Act" means the Virginia Stormwater Management Act, (§62.1-44.15:24 et seq.) of Title
62.1 Waters of the State, Ports and Harbors, Chapter 3.1 State Water Control Law.
the board that has been established by a VESCP authority for the effective control of soil
and requirements for plan review, inspection, enforcement where authorized in the ESC Act and
this chapter, and evaluation consistent with the requirements of the ESC Act and this chapter.
authority approved by the board to operate a Virginia erosion and sediment control program. An
authority may include a state entity, including the department; a federal entity; a district, county,
city, or town; or for linear projects subject to annual standards and specifications, electric,
natural gas and telephone utility companies, interstate and intrastate natural gas pipeline
companies, railroad companies, or authorities created pursuant to § 15.2-5102 of the Code of
Virginia.
"Virginia Stormwater Management Program" or "VSMP" means a program approved by the

board after September 13, 2011, that has been established by a VSMP authority to manage the
quality and quantity of runoff resulting from land-disturbing activities and shall include such
items as local ordinances, rules, permit requirements, annual standards and specifications,
policies and guidelines, technical materials, and requirements for plan review, inspection,
enforcement, where authorized in the SWM Act and associated regulations, and evaluation
consistent with the requirements of the SWM Act and associated regulations.
"Virginia Stormwater Management Program authority" or "VSMP authority" means an authority

approved by the board after September 13, 2011, to operate a Virginia Stormwater Management
Program or, until such approval is given, the department. An authority may include a locality;
state entity, including the department; federal entity; or, for linear projects subject to annual
standards and specifications in accordance with subsection B of § 10.1-603.5 of the Code of
Virginia, electric, natural gas, and telephone utility companies, interstate and intrastate natural
39
gas pipeline companies, railroad companies, or authorities created pursuant to § 15.2-5102 of the
Code of Virginia.
4VAC50-50-20. Purpose.
The purpose of this chapter is to guide the issuance of certificates of competence required by §§
10.1-561 E and 10.1-561.1 of the ESC Act and § 10.1-603.4:2 of the SWM Act.
4VAC50-50-30. Applicability.
This chapter is applicable to:
1. Every VESCP authority or VSMP authority that administers a VESCP or VSMP as may be
applicable. Staff of a VESCP authority must be certified in accordance with §§ 10.1-560 E and
10.1-561.1 of the ESC Act. Staff of a VSMP authority must be certified in accordance with §
10.1-603.4:2 of the SWM Act.
2. Anyone who is contracted by a VESCP authority or a VSMP authority to perform any or all of
the functions of that authority as may be applicable. This person will be subject to the same
certification requirements as the authority.
3. Anyone voluntarily seeking certificates of competence from the board for classifications
described in 4VAC50-50-40.
4VAC50-50-40. Certificates of competence.
A. Certificates of competence shall be issued by the board in accordance with the requirements
of 4VAC50-50-50 for the following classifications:
1. Program administrator for ESC. The person employed as the VESCP administrator.
2. Plan reviewer for ESC. The person who reviews ESC plans to be approved by the VESCP
authority.
3. Project inspector for ESC. The person responsible for inspecting erosion and sediment control
practices to ensure compliance with the Virginia Erosion and Sediment Control Law and
Regulations.
4. Combined administrator for ESC. The person responsible for performing the combined duties
of program administrator, plan reviewer and project inspector for a VESCP authority.
5. Program administrator for SWM. The person employed as the VSMP administrator.
6. Plan reviewer for SWM. The person who reviews SWM plans to be approved by the VSMP
authority.
40
7. Project inspector for SWM. The person responsible for inspecting regulated activities to
ensure compliance with the SWM Act and Regulations.
8. Combined administrator for SWM. The person responsible for performing the combined
duties of program administrator, plan reviewer, and project inspector for a VSMP authority.
B. Any person employed as a plan reviewer who is licensed as a professional engineer, architect,
certified landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of
Chapter 4 of Title 54.1 of the Code of Virginia or as a professional soil scientist as defined in
Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia shall qualify as a certified
plan reviewer for ESC and will not require a certificate of competence from the board. In lieu of
a person holding this board certificate of competence, such person shall produce a current
professional license or certification upon request of the department.
C. Any person who holds a valid and unexpired certificate of competence issued by the board in
the classification of ESC or SWM, or who obtains such a certificate, and who later successfully
obtains an additional certificate of competence from the board in the parallel ESC or SWM
classification may surrender both certificates of competence to the board and request in writing
issuance of a dual certificate showing certification in both classifications. Such a request must be
made while both of the ESC and SWM certificates of competence obtained are valid and
unexpired. The expiration date of the dual certificate shall be three years from the date of
expiration of the additional certificate acquired.
4VAC50-50-50. Eligibility requirements.
A. Certification may be obtained by satisfactorily completing and submitting an application to

the department for review and approval and:
1. By obtaining a total of 800 hours of experience as an ESC or SWM plan reviewer, project
inspector, or combined administrator and obtaining a passing score on the certification
examination administered by the department in the applicable ESC or SWM area; or
2. By enrolling in and completing a board-approved training program in the classifications of

program administrator, plan reviewer, project inspector, or combined administrator and obtaining
within one year of completion of the training program a passing score on the certification
examination administered by the department in the applicable ESC or SWM area.
a. The training program for project inspectors for ESC will consist of attending and completing
courses/seminars in "Basic Erosion and Sediment Control in Virginia" and "Erosion and
Sediment Control for Inspectors."
b. The training program for plan reviewers for ESC will consist of attending and completing
courses/seminars in "Basic Erosion and Sediment Control in Virginia" and "Erosion and
Sediment Control for Plan Reviewers."
41
c. The training program for program administrators for ESC will consist of attending the seminar
"Basic Erosion and Sediment Control in Virginia."
d. The training program for combined administrators for ESC will consist of attending the
courses/seminars "Basic Erosion and Sediment Control in Virginia," "Erosion and Sediment
Control for Inspectors," and "Erosion and Sediment Control for Plan Reviewers."
e. The training program for project inspectors for SWM will consist of attending and completing
courses/seminars in "Basic Stormwater Management in Virginia" and "Stormwater Management
for Inspectors."
f. The training program for plan reviewers for SWM will consist of attending and completing
courses/seminars in "Basic Stormwater Management in Virginia" and "Stormwater Management
for Plan Reviewers."
g. The training program for program administrators for SWM will consist of attending the
seminar "Basic Stormwater Management in Virginia."
h. The training program for combined administrators for SWM will consist of attending the
courses/seminars "Basic Stormwater Management in Virginia," "Stormwater Management for
Inspectors," and "Stormwater Management for Plan Reviewers."
B. Certification and recertification shall be valid for three years and will expire on the last day of
the expiration month except as otherwise set out in 4VAC50-50-40 C or 4VAC50-50-90.
C. Recertification may be obtained for classifications outlined in 4VAC50-50-40 of this chapter

prior to the expiration date of a certification by:
1. Obtaining a passing score on the certification examination;
2. Successfully completing a board-approved training program during the last 12 months of the
term of the certificate but prior to its expiration date;
3. Being a professional registered in the Commonwealth pursuant to Article 1 (§ 54.1-400 et

seq.) of Chapter 4 of Title 54.1 of the Code of Virginia or a professional soil scientist as defined
in Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1, and paying the required fee for recertification.
Such professionals shall be deemed to satisfy the provisions of this subsection for classifications
in subdivisions A 1 through 4 of 4VAC50-50-40. However, such professionals when in the
classification of plan reviewer for ESC shall be exempt from the recertification requirements and
fees of this chapter provided they maintain their professional license; or
4. Being a professional registered in the Commonwealth pursuant to Article 1 (§ 54.1-400 et

seq.) of Chapter 4 of Title 54.1 of the Code of Virginia and paying the required fee for
recertification. Such professionals shall be deemed to satisfy the provisions of this subsection for
classifications in subdivisions A 5 through 8 of 4VAC50-50-40.
42
4VAC50-50-55. Classification acknowledgement for the purposes of program compliance

reviews.
For the purposes of VESCP or VSMP compliance reviews and evaluations, the certification
requirements of §§ 10.1-561.1 and 10.1-603.4:2 of the Code of Virginia shall be deemed to have
been met if the VESCP or the VSMP authority has a person or persons enrolled in the board's
ESC or SWM training programs for the necessary classifications and such person or persons
obtains certification within one year of completing the necessary training programs.
4VAC50-50-60. Fees.
A. Application, recertification, and dual certificate issuance fees shall be collected to cover the
administrative cost for the certification program.
B. A fee will also be charged to present education and training program courses/seminars which
support the certification program.
C. Fees are nonrefundable and shall not be prorated.
4VAC50-50-70. Examination.
A. A board approved examination shall be administered at least twice a year.
B. An individual may take the certification examination for the desired certificate of competence
after fulfilling the prerequisite experience requirement or completing a board-approved training
program in accordance with 4VAC50-50-50.
C. An individual who is unable to take an examination at the time scheduled shall notify the
department within 48 hours prior to the date of the examination; such an individual may be
rescheduled for the next examination. Failure to notify the department may require an individual
to submit a new application and payment of fees in accordance with this chapter.
D. An applicant who is unsuccessful in passing an examination will be allowed to pay the

appropriate fee and retake the appropriate exam within one year without resubmitting an
application. After the one-year period has elapsed, an applicant will be required to submit a new
application with the appropriate fee in accordance with this chapter in order to take the
examination. Application for examination must be received at least 60 days prior to the
scheduled examination by the department to be eligible to sit for the examination.
E. A minimum passing score of 70% will be required on the appropriate certification exam(s).
F. All applicants will be notified in writing within 60 days of the results of the examination.
43
4VAC50-50-80. Application.
A. Any person seeking certification by a combination of experience and examination or by the

combination of completion of the training program and examination shall submit a completed
application with the appropriate fee(s) attached. The application shall contain the following:
1. The applicant's name, address, daytime phone number, and name and address of business as
well as the date the application was filled out.
2. The classification of certification applying for as set forth in 4VAC50-50-40 of this chapter,
and if applying for initial certification or recertification.
3. If any special arrangements must be provided for because of a handicap.
4. A verification of all work experience signed and dated by applicant's supervisor.
5. A signed and notarized affidavit confirming that all statements in the application are believed
to be true.
Incomplete applications will be returned to the applicant. All applications must be received in the
appropriate department office or by mail post marked at least 60 days prior to the scheduled
examination date in order to be able to sit for the examination.
B. All applications of candidates will be reviewed by the department to determine eligibility for
certification. All applicants will be notified of the results of the review within 30 days of receipt
of the application. Any applicant may appeal the review, in writing, to the board within 30 days
of the department's determination. No applicant will be approved for certification unless they
meet all requirements of this chapter.
C. Applicants who have been found ineligible to sit for an examination may request further
consideration by submitting a letter to the board with the necessary evidence of additional
qualifications. No additional fee will be required provided that all requirements for certification
are met within one year from the date of original application.
4VAC50-50-90. Discipline of certified personnel.
The board may suspend, revoke or refuse to grant or renew the certification of any person if the
board, in an informational fact finding under § 2.2-4019 of the Code of Virginia, finds that:
1. The certification was obtained or renewed thorough fraud or misinterpretation;
2. The certified person has violated or cooperated with others in violating any provision of this
chapter;
3. The certified person has not demonstrated reasonable care, judgment, or application of his
knowledge and ability in the performance of his duties; or
44
4. The certified person has made any material misrepresentation in the course of performing his
duties.
45

Virginia DEQ Erosion and Sediment Control Handbook

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Virginia

Virginia Department of Environmental Quality

Chapter 1 - Introduction ................................................................................................... I-1

Chapter 2 - Erosion and Sediment Control Principles,

Part I- Erosion and Sediment Control Principles .................................... 11-2

Chapter 3 - State Minimum Standards and Specifications ........................................... III-A

Chapter 4 - Storm water Runoff .................................................................................... IV-1

Chapter 5 - Engineering Calculations ............................................................................. V-1

Part I- Estimating Runoff ......................................................................... V-2

Chapter 6 Preparing an Erosion and Sediment Control Plan ........................................ VI-1

Part I- General Guidelines ....................................................................... VI-2

Chapter 7 - Administrative Guidelines ......................................................................... WI-1

Bibliography ................................................................................................................... B-1

Glossary ........................................................................................................................... G-1

Virginia Erosion and Sediment Control

62.1-44.15:51 Definitions ........................................................................................................... 5

62.1-44.15:52 Virginia Erosion and Sediment Control Program................................................ 8

62.1-44.15:53 Certification of Local Program Personnel ........................................................ 10

62.1-44.15:54 Establishment of Erosion and Sediment Control Programs............................... 10

62.1-44.15:55 Regulated Land-Disturbing Activities; Submission and Approval of Erosion and

62.1-44.15:56 State and Federal Agency Projects .................................................................... 15

62.1-44.15:58 Monitoring, Reports and Inspections................................................................. 17

62.1-44.15:59 Reporting ............................................................................................................ 18

62.1-44.15:60 Right of Entry ...................................................................................................... 18

62.1-44.15:61 Cooperation with Federal and State Agencies .................................................... 19

62.1-44.15:61 Appeals ............................................................................................................... 19

62.1-44.15:63 Penalties, Injunctions and Other Legal Actions.................................................. 19

62.1-44.15:64 Stop Work Orders By Board; Civil Penalties ..................................................... 20

62.1-44.15:65 Authorization for More Stringent Regulations ................................................... 21

62.1-44.15:66 No limitation on Authority of Water Control Board or Department of Mines,

3. Scope and Applicability.................................................................................................... 26

6. Maintenance and Inspections............................................................................................ 32

9. Criteria for Determining Status of Land-disturbing Activity............................................. 33

10. Review and Evaluation of VESCPs: Minimum Program Standards ................................ 34

11. State Agency Projects ....................................................................................................... 35

5. Eligibility Requirements ................................................................................................... 41

6. Classification acknowledgement for the purposes of program compliance reviews ........ 43

10. Discipline of Certified Personnel...................................................................................... 44

As used in this article, unless the context requires a different meaning:

"Department" means the Department of Environmental Quality.

"Director" means the Director of the Department of Environmental Quality.

2. Individual service connections;

6. Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot

"Town" means an incorporated town.

62.1-44.15:52. Virginia erosion and sediment control program.

The regulations shall:

§ 62.1-44.15:53. Certification of local program personnel.

A. The minimum standards of VESCP effectiveness established by the Board pursuant to

C. Professionals registered in the Commonwealth pursuant to Article 1 (§ 54.1-400 et seq.) of

§ 62.1-44.15:54. Establishment of Virginia erosion and sediment control programs.

A. Counties and cities shall adopt and administer a VESCP.

F. Following completion of a compliance review of a VESCP in accordance with subsection D of

§ 62.1-44.15:55. Regulated land-disturbing activities; submission and approval of erosion

1. Construction, installation, or maintenance of electric transmission, natural gas, and telephone

§ § 62.1-44.15:56. State agency and federal entity projects.

§ 62.1-44.15:57. Approved plan required for issuance of grading, building, or other

§ 62.1-44.15:58. Monitoring, reports, and inspections.

B. Notwithstanding the provisions of subsection A, a VESCP authority is authorized to enter into

C. Upon issuance of an inspection report denoting a violation of this section, § 62.1-44.15:55 or

§ 62.1-44.15:60. Right of entry.