Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION
Part V - Criteria and Requirements for Regulated Land-Disturbing Activities
Article 1 - Administrative Criteria
Section 9VAC25-875-470 - Applicability
Universal Citation: 9 VA Admin Code 9VAC25-875-470
Current through Register Vol. 41, No. 3, September 23, 2024
A. Land-disturbing activities that meet one of the criteria in this subsection are regulated as follows:
1. Land-disturbing
activity that disturbs 10,000 square feet or more, although a locality may
reduce this regulatory threshold to a smaller area of disturbed land, is less
than one acre, not in an area of a locality designated as a Chesapeake Bay
Preservation Area, and not part of a common plan of development or sale, is
subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of this
part of this chapter.
2.
Land-disturbing activity that disturbs 2,500 square feet or more, although a
locality may reduce this regulatory threshold to a smaller area of disturbed
land, is less than one acre, and in an area of a locality designated as a
Chesapeake Bay Preservation Area is subject to criteria defined in Article 2
and Article 3 (9VAC25-875-570 et
seq.) of this part unless Article 4 (9VAC25-875-670 et seq.) of this
part is applicable, as determined in accordance with
9VAC25-875-480 and
9VAC25-875-490. For land-disturbing
activities for single-family detached residential structures, Article 2 of this
part and water quantity technical criteria,
9VAC25-875-600, shall apply to any
land-disturbing activity that disturbs 2,500 square feet or more of land, and
the locality also may require compliance with the water quality technical
criteria, 9VAC25-875-580 and
9VAC25-875-590.
3. Land-disturbing activity that disturbs
less than one acre, but is part of a larger common plan of development or sale
that disturbs one acre or more, is subject to criteria defined in Article 2 and
Article 3 of this part unless Article 4 of this part is applicable, as
determined in accordance with
9VAC25-875-480 and
9VAC25-875-490.
4. Land-disturbing activity that disturbs one
acre or more is subject to criteria defined in Article 2 and Article 3 of this
part unless Article 4 of this part is applicable, as determined in accordance
with 9VAC25-875-480 and
9VAC25-875-490.
B. A locality may, by local ordinance adopted pursuant to § 62.1-44.15:33 or 62.1-44.15:65 of the Code of Virginia, adopt more stringent local requirements.
Statutory Authority: § 62.1-44.15:28 of the Code of Virginia; Chapters 68 and 758 of the 2016 Acts of Assembly.
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