Portsmouth, VA Environmental Rules: Stormwater Management (2026)

Under Sec. 1-7(a), no person may engage in land-disturbing activity in Portsmouth until the city has issued a stormwater permit under the Virginia Erosion and Stormwater Management Program (VESMP), administered locally by the city engineer or a designee (Sec. 1-2, Sec. 1-3). A qualifying project must submit a stormwater pollution prevention plan (SWPPP) combining an approved erosion and sediment control plan, an approved stormwater management plan and a pollution prevention plan before land disturbance begins (Sec. 1-8(a)-(b)). Permanent stormwater facilities require a recorded maintenance instrument that runs with the land and post-construction inspections at least once every five years (Sec.

1-14(b), Sec. 1-15(e)). Separately, Sec. 1-21(a) makes it unlawful to put process water, wastewater, filth, chips or vegetable matter into the stormwater system, or to pour petroleum, gasoline, oil waste or antifreeze into it, or to block a gutter, ditch or storm drain. If the administrator finds a permit violation or unauthorized discharge, the city can serve notices to comply, issue a stop-work order, or revoke the permit outright; a revoked permit means the owner must re-apply and pay the fee schedule in effect at the time of revocation and pass a new site inspection before work resumes (Sec.

1-19(a)-(b)). Penalties reach a civil charge of up to $32,500 for each violation, with each day of noncompliance a separate offense, and courts may weigh the economic benefit the violator gained from noncompliance (Sec. 1-19(d)). Willful or negligent violations are a misdemeanor punishable by up to 12 months in jail, a fine between $2,500 and $32,500, or both (Sec. 1-19(e)). The narrower storm-system pollution offense in Sec. 1-21(b) carries its own misdemeanor fine up to $1,000 or 30 days in jail, plus liability for the city's cleanup costs; police officers and fire marshals, not just the administrator, are authorized to enforce it (Sec. 1-21(d)). Applicants also owe land disturbance permit, site plan review and site inspection fees set in the Engineering Department's fee schedule (Sec. 1-22). 15:27.