Projects meeting very specific approval criteria prior to July 1, 2012 may be grandfathered. If a project qualifies under grandfathering provisions A (prior approved plans) or B (local, state or federal funding) then the project will be subject to the technical criteria of Part II C until June 30, 2019 (1 permit cycle). Thereafter, portions of the project not under construction will be subject to the technical criteria of Part II B. If a project qualifies under grandfathering provision D (governmental bonding or public debt financing) then the project will be subject to the technical criteria of Part II C for an unlimited amount of time. You should consult your land use attorney to determine if your project qualifies.

For projects that obtain VSMP permit coverage under the 2009-14 (i.e. current) General Permit, they will be permitted to continue to construct in accordance with the design criteria in place when their VSMP permit was initially authorized until June 30, 2024 (2 permit cycles), if they maintain coverage. So it behooves most owners to obtain VSMP permit coverage prior to July 1, 2014.

The following links provide additional information on this topic:

• Field Notes Vol. 19 No. 6 – Virginia Stormwater Management Regulations    Published in Virginia Registrar

• Field Notes Vol. 19 No. 4 – Stormwater Management Regulations Approved    by Board

• Field Notes Vol. 19 No. 2 – SWM Regulation Public Comment Period    Underway

• Field Notes Vol. 18 No. 9 – DCR Stormwater Regulation Update

• Field Notes Vol. 17 No. 8 – Adoption/Implications of Stormwater    Management Regulations

• Field Notes Vol. 17 No. 7 – DCR Stormwater Regulations Almost Final

• Field Notes Vol. 17 No. 6 – Stormwater Regulations Change Alert

To discuss further contact Dan Lucey, Roy Van Houten, Mark Headly or Mike Rolband