Last Updated 07/23/2026
Stormwater Code: Excerpts from Newport News, Virginia, Code of Ordinance
Article IV- Stormwater Control Regulations
Sec. 37.1-39. Maintenance.
(a) Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each parcel the property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance. The documents prepared to accomplish the requirements of this subsection shall be reviewed and approved by the city attorney and be recorded in the land records.
(b) In the case of developments where subdivision lots are to be sold, permanent arrangements satisfactory to the city manager, or designee, shall be made to insure continued performance of these obligations.
(c) In the event that the stormwater management facilities are in need of maintenance or become a danger to public safety or public health, the property owner shall be notified in writing, advised of the corrective measures required, and given a reasonable period of time to take necessary action. If the property owner fails or refuses to perform such maintenance and repair, the city has the authority to perform the work and to recover the costs from the responsible person.
(d) To ensure proper performance of the stormwater management facility between scheduled maintenance operations, the owner is responsible for inspecting the stormwater management facility on a semi-annual basis and after any storm which causes the capacity of the facility to be exceeded. All such inspection reports shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia and submitted to the city manager, or designee, within thirty (30) days of the inspection.
(d) Right-of-entry agreements or easements may be required from the applicant for purposes of inspection and maintenance by the city manager, or designee.
Sec. 37.1-40. Enforcement.
(a) If it is determined that there is a failure to comply with the approved plan, notice shall be served upon the property owner by registered or certified mail to the address specified in the application or plan certification, or by delivery at the land development site to the agent or employee supervising such activities.
(b) The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed.
(c) Upon failure to comply within the time specified, the permit or approval may be revoked and the property owner shall be deemed to be in violation of this article.
(d) Any person who willfully or knowingly violates any provision of this article shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment for each violation, or both, as provided for in Section 62.1-44.15:49 of the Code of Virginia.
(e) The city may apply to the circuit court to enjoin a violation or a threatened violation of this article as provided for in Sections 62.1-44.15:42 and 62.1-44.15:49 of the Code of Virginia without the necessity of showing that an adequate remedy at law does not exist.
(f) Without limiting the remedies which may be obtained in this section, the city may bring a civil action against any person for violation of this article, or any condition of the permit or approval, or any provision of the local program. The action may seek to impose of a civil penalty of not more than thirty-two thousand five hundred dollars ($32,500.00) per day for each violation as provided for in Section 62.1-44.15:49 of the Code of Virginia.
(g) With the consent of any person who has violated or failed, neglected or refused to obey this article or any condition of the permit or approval or any provision of the local program, the city may issue an order against or to such person for the payment of civil charges for violations in specific sums not to exceed the limit specified in subsection (f) of this section as provided for in Section 62.1-44.15:49 of the Code of Virginia. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (f).
ARTICLE V. CHESAPEAKE BAY PRESERVATION
Sec. 37.1-49. Areas of applicability.
(1) The components of a resource protection area are:
- Tidal wetlands;
- Nontidal wetlands which are connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;
- Tidal shores; and
- A buffer area not less than one hundred (100) feet in width, located adjacent to and landward of the components listed in subsections a. through c. above, and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the resource protection area notwithstanding the presence of permitted uses, encroachments and permitted vegetation clearing in compliance with section 37.1-51
(2) The components of a resource management area shall consist of all lands within one hundred (100) feet landward of the landward boundary of the resource protection area buffer and in addition includes all land containing slopes greater than fifteen (15) percent, all areas within the one hundred (100) year floodplain and highly erodible soils. Council may designate other lands it deems important to maintenance of water quality as resource management area.
Sec. 37.1-57. Enforcement.
(a) Any person who violates any of the provisions of this article shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00). Each day’s continuance of such violation shall constitute a separate offense.
(b) Any person who: (i) violates any provision of this article or (ii) violates or fails, neglects, or refuses to obey any final notice, order, rule, regulation or variance or permit condition authorized under such chapter shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the city for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, in such a manner as the court may direct by order.
(c) With the consent of any person who: (i) violates any provision of this article related to the protection of water quality in Chesapeake Bay Preservation Areas or (ii) violates or fails, neglects, or refuses to obey any notice, order, rule, regulation, or variance or permit condition authorized under such chapter, the city may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil charges shall be paid into the treasury of the city for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein. Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subsection (b) of this section. Civil charges may be in addition to the cost of any restoration required or ordered by the city.
Stormwater Management Service Charge
The City of Newport News Stormwater Management program is funded by a stormwater management service charge. This service charge is based on the amount of impervious surface on a developed piece of land. For example, a single-family residence in the city of Newport News has an average impervious area of 1,777 square feet. This average, known as an Equivalent Residential Unit (ERU), is used to determine the monthly stormwater charge.
§ Owners of each single-family residence are charged for one ERU at the rate of $9.75 per month ($117.00 per year).
§ Multi-family residences have less impervious area per residence, so these owners are charged for $4.10 per month ($49.20 per year).
§ Business and commercial property owners are charged based on the amount of impervious area on their property as compared to the ERU.
To calculate the stormwater fee for a commercial property, divide the square feet of impervious surface by 1,777 and multiply the result by $58.50. Commercial properties are then billed for this amount twice per year.
For example, a commercial property with 20,000 square feet of impervious surface would be billed for $1316.26 per year (20,000 ft2/1,777 ft2=11.25, 11.25 x $58.50=$658.13, $658.13 x 2=$1316.26). This system is designed to charge owners of developed property based on their contribution of stormwater runoff.
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Frequently Asked Questions
What is stormwater compliance in the City of Newport News?
Stormwater compliance in Newport News means following the City’s Stormwater Management Ordinance and the Chesapeake Bay Preservation Act, both of which apply to properties within Newport News. The ordinance is designed to limit and manage stormwater runoff volume to control flooding and prevent degradation of the City’s waterways.
The City is the permitting authority for all land-disturbing activities and will only issue construction permits to projects with an approved stormwater management plan. Property owners are responsible for maintaining all on-site stormwater control facilities and open space areas required by that plan. Portions of Newport News are also designated as Chesapeake Bay Preservation Areas, where additional protections and a separate penalty structure apply. The City operates under the NPDES program and can inspect properties and issue a Notice of Violation for any deficiency found on site.
Who is responsible for long-term stormwater maintenance in Newport News?
Responsibility for operating and maintaining stormwater management facilities stays with the property owner and passes to any successor. If a property is sold in portions, legally binding arrangements must be made to assign maintenance responsibility to each parcel, and those documents must be reviewed and approved by the City Attorney and recorded in the land records.
If a facility falls into disrepair or becomes a danger to public safety or health, the City will notify the property owner in writing, describe the required corrective measures, and allow a reasonable period to act. If the owner fails or refuses to perform the maintenance and repair, the City has authority to perform the work and recover the costs from the responsible person. AQUALIS can manage your maintenance obligations on your behalf.
How often does Newport News require stormwater facility inspections?
Newport News requires semi-annual inspections of stormwater management facilities, making it one of the more frequent mandatory inspection schedules of any Virginia municipality. An additional inspection is also required after any storm that causes the capacity of the facility to be exceeded.
All inspection reports must be sealed and signed by a professional registered in the Commonwealth of Virginia and submitted to the City Manager or designee within 30 days of the inspection. AQUALIS can conduct your semi-annual inspections, prepare properly sealed reports, and submit them within the required timeframe.
How is Newport News's stormwater fee calculated?
Newport News calculates stormwater fees based on the amount of impervious surface on your property using an Equivalent Residential Unit (ERU) of 1,777 square feet as the baseline.
Single-family residential properties are charged one ERU at $9.75 per month ($117.00 per year).
Multi-family residential properties are charged $4.10 per month per unit ($49.20 per year).
Commercial and business properties are billed twice per year. To calculate your annual fee, divide your total square feet of impervious surface by 1,777 and multiply the result by $117.00. For example, a commercial property with 20,000 square feet of impervious surface would pay approximately $1,316 per year.
Residential customers may qualify for credits by participating in hazardous waste recycling programs. Business owners may apply for stormwater fee adjustments. Contact the City or reach out to AQUALIS to understand what options may be available for your property.
What are the penalties for stormwater violations in Newport News?
Newport News operates under two separate enforcement frameworks depending on the type of violation.
For stormwater management plan violations, Virginia state law authorizes civil penalties of up to $32,500 per day per violation. Willful or knowing violations also constitute a misdemeanor. The City can also seek injunctive relief in circuit court to stop or prevent violations without needing to show that no other remedy exists.
For Chesapeake Bay Preservation Area violations, the City’s ordinance sets separate penalties. Misdemeanor violations carry fines of up to $1,000 per day. Civil penalties assessed by a court can reach up to $5,000 per day. With the violator’s consent, the City may alternatively assess one-time civil charges of up to $10,000 per violation, which may be in addition to the cost of any restoration the City orders.
Failure to comply with a notice within the specified time can also result in permit or approval revocation.
How do I know if my Newport News stormwater system is at risk of failure or safety violation?
Watch for these warning signs.
Semi-annual inspection reports not filed within 30 days. Newport News requires sealed reports from a Virginia-registered professional submitted within 30 days of each semi-annual inspection and after any storm that exceeds your facility’s capacity. Missed filings are an independent compliance gap.
Your maintenance responsibility has not been legally assigned. If your property was sold in portions or changed hands without a properly recorded maintenance agreement approved by the City Attorney, the responsibility assignment may be unclear or unenforceable. This needs to be resolved.
Water is not draining after rain. Standing water more than 72 hours after a storm suggests your facility is not functioning as designed.
Visible deterioration in BMPs. Sediment accumulation, overgrown vegetation, clogged inlets or outlets, and structural damage are all signs maintenance is overdue.
Your property may be in a Chesapeake Bay Preservation Area. Newport News defines resource protection areas as including tidal wetlands, nontidal wetlands connected to tidal waters, tidal shores, and a 100-foot buffer adjacent to those areas. Resource management areas extend an additional 100 feet landward and include slopes greater than 15 percent, 100-year floodplain areas, and highly erodible soils. If your property includes any of these features, additional restrictions apply and violations carry their own penalty track. AQUALIS can assess your property and help confirm what requirements apply.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
