Virginia Statewide Rule

Virginia Stormwater Management Act Statewide Standards

Heavy RestrictionsApplies statewide across Virginia (2026)

Key Facts

Statute: Va. Code 62.1-44.15:24
Permit Threshold: 1 acre disturbance
Regulator: Virginia DEQ
Max Civil Penalty: $32,500 per day

Last verified: September 5, 2026Source: Virginia Legislative Information System

Summary

Virginia's Stormwater Management Act sets uniform technical criteria for post-construction stormwater controls that all localities operating Virginia Stormwater Management Programs must enforce on regulated land-disturbing activities.

H. Each locality that operates a regulated MS4 or that chooses to administer a VESMP shall, by ordinance, establish a VESMP that shall be administered in conjunction with a local MS4 management program, if applicable, and which shall include the following: 1. Ordinances, policies, and technical materials consistent with regulations adopted in accordance with this article;

Source: Virginia Legislative Information SystemView official code

Full Breakdown

Va. Code Section 62.1-44.15:24 et seq., implemented through 9VAC25-870, requires permit coverage for land-disturbing activities of one acre or more (or smaller in Chesapeake Bay Preservation Act areas). The State Water Control Board sets water-quality and quantity criteria, including phosphorus removal targets and channel-protection standards. Localities adopt VSMP ordinances but technical criteria are uniform statewide; DEQ retains review authority. Construction General Permit coverage is required before earth disturbance.

Violations & Penalties

Disturbing land without VSMP permit coverage triggers civil penalties up to $32,500 per day per violation and stop-work orders.

Frequently Asked Questions

When do I need a Virginia stormwater permit for my project?

Any land-disturbing activity of one acre or more, or part of a larger common plan reaching one acre, requires VSMP coverage. Chesapeake Bay localities trigger at 2,500 square feet.

Can my county impose stricter stormwater rules than the state?

Counties enforce the uniform state technical criteria. They may require additional local design elements but cannot lower state water-quality or quantity standards.

Sources

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