News & Updates

State Water Control Board Adopts Consolidated Stormwater Management and Erosion and Sediment Control Regulations

Jun 24, 2023 | HBAV News

The State Water Control Board recently adopted the new Virginia Erosion and Stormwater Management Regulation (the “VESM Regulation”), the culmination of a multi-year effort to consolidate the Erosion and Sediment Control Regulations (9VAC25-840), the Erosion and Sediment Control and Stormwater Management Certification Regulations (9VAC25-850), and the Virginia Stormwater Management Program Regulation (9VAC25-870) into a single regulatory chapter. The consolidation of these regulations will help i) clarify program requirements, ii) eliminate redundancies, and iii) correct inconsistencies that currently exist between the state’s erosion and sediment control regulations and stormwater management program regulations.

The HBA of Virginia served on a 25-member stakeholder advisory group which reviewed the consolidated regulation to ensure that no substantive changes were made to existing erosion and sediment control minimum standards or to the post-construction stormwater management technical criteria.

Effective Date: The new Virginia Erosion and Stormwater Management Regulations will take effect on July 1, 2024 and codified into the Virginia Administrative Code as 9VAC25-875.  On that date, the following regulations will be repealed:

  • Erosion and Sediment Control Regulations (9VAC25-840)
  • Erosion & Sediment Control & Stormwater Management Certification Regulations (9VAC25-850)
  • Virginia Stormwater Management Program Regulation (9VAC25-870)

More Information: The text of the new and repealed regulations can be found here.  The Department’s summary of changes and reorganization can be found here, beginning on page 6. You may also contact Andrew Clark, Vice President of Government Affairs, for additional information.