As many are aware, the management and regulation of Virginia stormwater practices are moving from the state level to the local level. This resulted in several changes within both state and local regulatory agencies, including the Department of Environmental Quality (DEQ) recently replacing the Department of Conservation and Recreation (DCR) as Virginia's stormwater management oversight agency. Additionally, local governments are now required to develop their own stormwater management ordinance and corresponding design guidance that meet the new stormwater management requirements. To aid local governments in this process the state has provided a model ordinance for guidance, which has been used as a template for many localities. DEQ will review each local version of the SWM ordinance and provide recommendations. The local ordinances shall be vetted and accepted at the local level no later than July 1, 2014.

DCR and the Northern Virginia Regional Commission (NVRC) also recently published a summary memorandum that outlines the major points of the new program and offers a snapshot of the new regulations. 

Below is a brief progress report from selected Northern Virginia localities.

Fairfax County: Fairfax County has released a revised draft stormwater ordinance and corresponding recommended updates to Chapter 6 (Storm Drainage) of the County's Public Facilities Manual. These updates and additional information can be found on their website.

On July 24, 2013, Fairfax County held the final stakeholder meeting at the Fairfax County Government Center Board Auditorium to address the new draft ordinance. (postponed from earlier this year – see Field Notes, Vol. 21, No.2)

Prince William County: On July 19, Prince William County completed the initial collaboration on its draft stormwater ordinance. Spread over three working sessions, the County and it stakeholders, members from the Zoning Ordinance / Design and Construction Standards Manual (DCSM) Advisory Committee, finalized the first draft ordinance. This draft will now be reviewed by the state. Later this summer and into the fall, Prince William County will evaluate the appropriate technical and language changes to the DCSM to support the proposed stormwater ordinance.

The City of Falls Church: The City of Falls Church has completed its first draft of the new stormwater ordinance and it has been reviewed by the state. On July 15, the City's updated program was presented to the council during a work session. The City is working towards streamlining their stormwater program to provide a one stop shop for stormwater development criteria that will locate stormwater regulations under a single Stormwater Management Permit managed by the Department of Public Works. The updated stormwater program information can be found here.

Additionally, the City is establishing a Stormwater Credit Taskforce with the goal of formalizing a stormwater credit system to be in place by July 1, 2014.

Loudoun County: Loudoun County is currently working to finalize its approach for the new stormwater management ordinance and develop a working schedule.

Other localities, such as Spotsylvania County and the City of Fairfax continue to update their stormwater programs either internally, with the help of advisory committees, or with consultants. On August 6, 2013 Spotsylvania County held a workshop for regulators, developers and engineers to discuss the new requirements. Portions of this discussion included how best to incorporate these new regulations within the Chesapeake Bay and non-Chesapeake Bay designated areas.

Environmental Protection Agency (EPA): On the Federal level, the EPA has postponed its Proposed National Rulemaking to Strengthen the Stormwater Program. An updated approach highlighting the planned flexibilities and revisions being considered for the rulemaking can be found in this presentation.

For more information on local government stormwater ordinance updates, contact Mike Rolband, Dan Lucey, Brian Chromey or Bill Springer.