TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Fast-Track Regulation

Title of Regulation: 9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-1330, 9VAC25-875-1400).

Statutory Authority: §§ 62.1-44.15:28 and 62.1-44.15:52 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: October 7, 2026.

Effective Date: October 22, 2026.

Agency Contact: April Rhodes, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (571) 866-6091, or email april.rhodes@deq.virginia.gov.

Basis: Section 62.1-44.15:28 of the Code of Virginia authorizes the State Water Control Board to adopt regulations that establish requirements for the effective control of soil erosion, sediment deposition, and stormwater, including nonagricultural runoff, that must be met in any Virginia Erosion and Stormwater Management Program (VESMP) to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. Section 62.1-44.15:31 of the Code of Virginia authorizes the establishment of a statewide fee schedule, including administrative charges for state agencies, for stormwater management for land-disturbing activities, and for municipal separate storm sewer systems.

Purpose: This action protects water quality in the Commonwealth by ensuring that the Department of Environmental Quality and localities that administer a VESMP have adequate resources for plan review, permitting, and program administration. Robust plan review, permitting, and inspection and compliance programs reduce erosion and stormwater runoff from land-disturbing activity and the impacts of stormwater and stormwater runoff, protecting water quality throughout the Commonwealth, which is essential to the health, safety, and welfare of Virginia's citizens.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it does not significantly change the burden on the regulated community. The amendments are narrow in scope and do not increase permit fees but specify when the full fee amount is due during the permitting process. This action benefits the regulated community, localities, the department, and other stakeholders by providing regulatory clarity and consistency and by making the permitting process more efficient.

Substance: The amendments (i) clarify that applications will not be processed until the required fees are paid at the time of application submittal, unless the department approves an alternate payment schedule; (ii) clarify what an application submission may include for land-disturbing activities that require approval of an erosion control and stormwater management (ESM) plan or stormwater management plan; (iii) create organizational consistency with 9VAC25-20-60, which establishes fee schedules and due dates for other agency water permit programs, and clarify fee due dates for applications, modifications, transfers, and maintenance fees; and (iv) remove the requirement that no more than 50% of the total fee must be paid by an applicant at the time that a plan is submitted for review.

Issues: The primary advantage of this action for the public is an enhanced statewide erosion and stormwater management program that will be properly funded. This change will result in improved efficiency in the permitting process. In addition, the public will benefit from greater clarity of the fee collection procedures. The primary disadvantage will be adjusting from the current method of fee collection for Construction General Permits and VPDES individual permits for construction activities. However, the change does not increase permit fees but specifies when the fee is due during the permitting process, so the disadvantage is expected to be minimal. The advantage to the agency is that the amendments will allow the department and VESMP authorities to collect the full fee amount for a Construction General Permit at the beginning of the application process (i.e., when a plan is submitted, if required). There are no disadvantages to the agency or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Water Control Board (board) proposes to require that the full fee amount for the General Virginia Pollutant Discharge Elimination System Permit for Discharges of Stormwater from Construction Activities (Construction General Permit) be due at the time that an application is submitted. The Board also proposes to amend other text for clarification.

Background. Under the current regulation, fee collection for the Construction General Permit is divided into two payments: no more than 50% of the total fee amount is due at the time that a plan is submitted for review (application), and the remaining fee balance is due prior to issuance of coverage under the permit. The board proposes to require that the full fee be paid upon application.

Estimated Benefits and Costs. According to the Department of Environmental Quality (DEQ), the current two-payment system at times results in the need for additional processing time and staff resources, especially when payments are late or incomplete. Additionally, when the second payment is not made or is incomplete, costs incurred by DEQ for plan processing and review may not be recuperated. The proposal benefits DEQ and the Commonwealth by having a statewide stormwater management program that is fully funded and efficiently and consistently administered. The fee amounts per applicant do not change. While some permittees may be indifferent or may even prefer paying fees just once, others may object to paying the full fee sooner. Three different trade organizations that each represent different groups of permittees were contacted concerning the proposal. Two of the organizations had no objection, while one believed that at least some of their members would prefer the status quo.

Businesses and Other Entities Affected. Applicants for the Construction General Permit would be particularly affected. According to DEQ, there are approximately 1,250 permit applications per year. Any entity that is disturbing one acre or more of land is required to obtain permit coverage. This could include building contractors, local governments, private or public entities, and the Virginia Department of Transportation.² The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ Some permittees would likely consider themselves worse off by having to pay the full fee upfront. Thus, an adverse impact is indicated.

Small Businesses⁵ Affected.⁶ Types and Estimated Number of Small Businesses Affected: Data are not available to determine how many of the approximately 1,250 annual permit applicants are small businesses. Costs and Other Effects: The cost would be associated with having to pay the full fee sooner. Alternative Method that Minimizes Adverse Impact: There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities⁷ Affected.⁸ The proposal neither disproportionately affects particular localities nor substantively affects costs for local governments.

Projected Impact on Employment. The proposed amendments are unlikely to substantively affect total employment.

Effects on the Use and Value of Private Property. The proposal neither substantively affects the use and value of private property nor substantively affects real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Source: DEQ.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Water Control Board has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The amendments (i) require the full fee payment at the time of application for coverage under the General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Stormwater from Construction Activities (Construction General Permit) or for a VPDES individual permit for construction activities; (ii) clarify fee due dates for maintenance, applications for individual and general municipal separate storm sewer system (MS4) permits, and requests for transfers or modifications of MS4 permits, Construction General Permits, and VPDES individual permits for construction activities; and (iii) create consistency between the Virginia Erosion and Stormwater Management Regulation and Fees for Permits and Certificates.

9VAC25-875-1330. Due dates for permits.

A. Requests An application or request for a permit, permit modification, or general permit coverage shall not be processed until the fees required pursuant to this part are paid in accordance with 9VAC25-875-1340, unless the department approves an alternate payment schedule.

B. VPDES Permits for discharges of stormwater from construction activities.

1. The fees for new coverage under a General VPDES Permit for Discharges of Stormwater from Construction Activities or an individual permit, as specified in 9VAC25-875-1400, are due at the time an application is submitted. An application may include the submission of an ESM plan or stormwater management plan for review in accordance with 9VAC25-875-530, or a variance or exception request.

2. Individual permit or general permit coverage maintenance fees, as specified in 9VAC25-875-1420, shall be paid annually to the department or the VESMP authority, as applicable, by April 1 of each year after the initial year of issuance, including owners whose individual permit or general permit coverage has been administratively continued. No permit will be reissued or automatically administratively continued without payment of the required fee. Individual permit or general permit coverage maintenance fees shall be applied until a notice of permit termination is effective.

3. Fees for modification or transfer of individual permits or of registration statements for coverage under a General VPDES Permit for Discharges of Stormwater from Construction Activities, as specified in 9VAC25-875-1410, are due at the time an application or request is submitted for a modification or transfer that occurs (and becomes effective) before the stated permit expiration date. There is no application fee for a modification or transfer that is made at the department's initiative.

C. VPDES Permits for MS4s.

1. The fees for issuance of a new MS4 individual permit or coverage under an MS4 General Permit, as specified in 9VAC25-875-1380, are due at the time an application is submitted.

2. Permit maintenance fees for MS4 individual permits or MS4 general permit coverages, as specified in 9VAC25-875-1420, are due by October 1 of each year. Effective April 1, 2014, any Any operator whose MS4 individual permit or MS4 general permit coverage, including operators whose permits MS4 individual permit or MS4 general permit coverages have coverage has been administratively continued, is effective as of April 1 of any given year shall pay the permit maintenance fee or fees to the department or the VESMP authority by October 1 of that same year.

Permit maintenance fees for discharges of stormwater from construction activities pursuant to 9VAC25-875-1420 are due by April 1 of each year. After approval of a VESMP authority, including the department when acting in that capacity, any owner whose permit or general permit coverage authorizing discharges of stormwater from construction activities, including owners whose permits or general permit coverages have been administratively continued, is effective as of the effective date of the VESMP authority shall pay the permit maintenance fee or fees to the department or the VESMP authority by April 1 of that same year.

3. When a modification of an MS4 individual permit is requested by the permittee, except as specifically exempt under 9VAC25-875-1320, the required fee as specified in 9VAC25-875-1390 is due at the time an application or request for modification is submitted.

9VAC25-875-1400. Fees for individual permit or coverage under the General Permit for Discharges of Stormwater from Construction Activities.

A. The following total fees to be paid by an applicant apply to any operator seeking coverage under a General VPDES Permit for Discharges of Stormwater from Construction Activities or a state agency or federal entity that does not file standards and specifications or an individual permit issued by the department. On and after approval by the department or a VESMP authority for coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities, no more than 50% of the total fee to be paid by an applicant set out in this part shall be due at the time that a stormwater management plan or an initial stormwater management plan is submitted for review in accordance with 9VAC25-875-530. The remaining total fee balance to be paid by an applicant shall be due prior to the issuance of coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities.

When a site is purchased for development within a previously permitted common plan of development or sale, the applicant shall be subject to fees ("total fee to be paid by applicant" column) in accordance with the disturbed acreage of the applicant's site according to the following table.

The following fees apply to coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities issued by the department for a state agency or federal entity that has standards and specifications approved by the department.

B. The amount of the permit fee due for a General VPDES Permit for Discharges of Stormwater from Construction Activities for a specified year as required by subsection A of this section shall be calculated according to the formulas in 9VAC25-875-1375 B.