Last Updated 07/24/2026
Stormwater Management Ordinance
Chapter 11.1 - EROSION AND STORMWATER MANAGEMENT
Sec. 11.1-14. - Long-term maintenance of permanent stormwater facilities.
(a) The operator shall submit a construction record drawing for permanent stormwater management facilities to the city in accordance with 9VAC25-875-535. The record drawing shall contain a statement signed by a professional registered in the Commonwealth of Virginia pursuant to Chapter 4 of Title 54.1 of the Code of Virginia, stating that to the best of their knowledge, the construction record drawing shows all adjustments and revisions to the stormwater management plan made during construction and serves as a permanent record of the actual location of all constructed elements.
(b) The city shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to general permit termination or earlier as required by the city and shall at a minimum:
(1) Be submitted to the city for review and approval prior to approval of the stormwater management plan;
(2) Be stated to run with the land;
(3) Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;
(4) Provide for inspections and maintenance and the submission of inspection and maintenance reports to the city; and
(5) Be enforceable by all appropriate governmental parties.
(c) If a recorded instrument is not required pursuant to 9VAC25-875-130, the city shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach education, or other methods targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the city.
(d) The city may utilize the inspection reports of the owner of a stormwater management facility as part of an inspection program established in subsection (b) of this section if the inspection is conducted by a person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Virginia Code; a person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or a person who holds an appropriate certificate of competence from the department.
Sec. 31.2-13. Monitoring and inspections.
(a) The administrator shall inspect the land disturbing activity during construction for:
- Compliance with the approved erosion and sediment control plan;
- Compliance with the approved stormwater management plan;
- Development, updating, and implementation of a pollution prevention plan;
- Development and implementation of any additional control measures necessary to address a TMDL.
(b) The administrator may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this chapter.
(c) In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement or instrument, the administrator may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions which are required by the permit conditions associated with a land disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified.
(d) Pursuant to Code of Virginia § 62.1-44.15:40, the administrator may require every VSMP permit applicant or permittee, or any such person subject to VSMP permit requirements under this chapter, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter.
(e) Post-construction inspections of stormwater management facilities required by the provisions of this chapter shall be conducted by the administrator pursuant to the city’s adopted and state board approved inspection program, and shall occur, at minimum, at least once every five (5) years except as may otherwise be provided for in section 31.2-12
Sec. 31.2-16. Enforcement.
(a) If the administrator determines that there is a failure to comply with the VSMP permit conditions or determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply, Written notices shall be served by registered or certified mail to the address specified in the permit application or by delivery at the site of the development activities to the agent or employee supervising such activities.
(1) The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (a)(2) below or the permit may be revoked by the administrator.
(2) If a permittee fails to comply with a notice issued in accordance with this section within the time specified, the administrator may issue an order requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land-disturbing activities without an approved plan or required permit to cease all land-disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the administrator. However, if the administrator fines that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice, or hearing, an emergency order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with section (c).
(b) In addition to any other remedy provided by this article, if the administrator or his designee determines that there is a failure to comply with the provisions of this article, the administrator may direct the appropriate city official to suspend or revoke other city-issued licenses and permits that may be reasonably associated with the proper execution of the approved plan. Such suspension or revocation shall remain in effect until the permittee becomes compliant with the approved plan and has satisfactorily addressed the issues identified in the written notice, as determined by the administrator. Such other permits or licenses shall include, but are not necessarily limited to, building permits, zoning permits and clearances, health permits, land disturbing permits, right-of-way permits, etc. In the event of a revocation of a land disturbing permit or the issuance of stop work order, the owner or applicant shall be required to re-apply for the land disturbance permit and submit the required land disturbance permit fees based on the fee schedule that was in place at the time of the revocation or issuance, respectively. In addition, the site must be in compliance and pass a site inspection conducted by a city inspector before the new land disturbance permit will be issued.
(c) Any person violating or failing, neglecting or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the administrator may be compelled in a proceeding instituted in the circuit court for the City of Portsmouth by the city to obey the same and to comply therewith by injunction, mandamus, or other appropriate remedy.
(d) Any person who violates any provision of this article or who fails, neglects or refuses to comply with any order of the administrator, shall be subject to a civil penalty not to exceed $32,500.00 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.
(1) Violations for which a penalty may be imposed under this subsection shall include but not be limited:
- No state permit registration;
- No SWPPP;
- Incomplete SWPPP;
- SWPPP not available for review;
- No approved erosion and sediment control plan;
- Failure to install stormwater BMP’s or erosion and sediment controls;
- Stormwater BMPs or erosion and sediment controls improperly installed or maintained;
- Operational deficiencies;
- Failure to conduct required inspections;
- Incomplete, improper, or missed inspections; and
- Discharges not in compliance with the requirements of Section 9VAC-25-880-70 of the general permit.
(2) The administrator may institute proceedings for collection of the civil penalty and the action may be prosecuted in the appropriate court.
(3) In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance.
(4) Any civil penalties assessed by a court as a result of proceedings initiated by the city shall be paid into the treasury of the City of Portsmouth to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein.
Sec. 11.1-3. - Virginia Erosion and Stormwater Management Program established.
Pursuant to § 62.1-44.15:27 of the Code of Virginia, the city hereby establishes a Viginia Erosion and Stormwater Management Program for land-disturbing activities and adopts the Virginia Erosion and Stormwater Management Regulation that specifies standards and specifications for VESMPs promulgated by the State Water Control Board for the purposes set out in section 11.1-1 of this article. The city also adopts the Virginia Stormwater Management Handbook, the Virginia Erosion and Sediment Control Handbook, and the BMP Clearinghouse, including all future amendments thereto, and incorporates them by reference. Whenever the Handbooks and the BMP Clearinghouse conflict, the more stringent shall control. The city hereby designates the city engineer or his designee as the administrator of the Virginia Erosion and Stormwater Management Program established by this article.
Sec. 11.1-21. - Pollution of the stormwater system.
A. Prohibited acts
(1) It shall be unlawful for any person to put, or allow to be put, any process water, wastewater, filth, animal or vegetable matter, chips, shavings or any other substance in the stormwater system, or do any injury thereto, or in any manner pollute the stormwater system.
(2) It shall be unlawful for any person to pour or discharge, or to permit to be poured or discharged, or to deposit, so that the same may be discharged, any gasoline, oil waste, antifreeze, or other fluids from vehicles or motor vehicles or equipment into any stormwater system.
(3) It shall be unlawful for any commercial, industrial or manufacturing entity to discharge process water or unpermitted discharge into any stormwater system.
(4) It shall be unlawful for any person to throw, place or deposit, or cause to be thrown, placed or deposited, in any gutter, ditch, storm drain or other drainage area in the city anything that impedes or interferes with the free flow of stormwater therein.
B. Penalty for violation
Unless otherwise specified, any person or entity who shall violate any of the provisions of this chapter, or any regulation promulgated pursuant to authority granted by this chapter, shall be guilty of a misdemeanor and shall be subject to a fine not exceeding $1,000.00 or up to 30 days imprisonment for each violation or by both fine and imprisonment. Any such person shall furthermore be liable for all damage, loss and/or expense suffered or incurred by the city as a result of such violation, and the city may elect to pursue either or both civil and criminal remedies.
C. Remediation and removal
In addition to any penalty imposed for a violation of subsections (a)(1) through (4) of this section, the court hearing the case may direct the person responsible for the discharge or deposit, and each day’s default in such remediation or removal shall constitute a violation of and a separate offense under this section.
D. Enforcement
The administrator and/or his designee, police officers, and fire marshals are hereby designated and authorized to enforce the provisions of this chapter.
Post Construction Stormwater Management Advice From The City
Do you know where rainwater goes when it rains? If you think it is naturally filtered through soils, you are only partially correct. While soils do absorb water, once the maximum absorption has been reached, excess rainwater is forced to flow down slope in search for the next available exit. On its journey, stormwater picks up all sorts of unwanted hitchhikers like: cigarette butts, motor oil, antifreeze, fast food bags, sediment, pet waste and excess fertilizer. To help combat pollutants from entering the bay, contractors and engineers construct preventive measures such as drainage swales, retention ponds and porous pavement to help counteract the impact of urbanization on our waterways. These preventative measures are commonly referred to as Best Management Practices (BMPs). A more detailed list of common BMPs is available at the EPA’s Website. To ensure these pollution control devices are maintained and functioning as designed, the city inspects them regularly. For private BMPs, the City requires BMP maintenance agreements be signed by private land owners where structures have been installed. To keep track of BMPs around the city, a database is maintained and updated as needed. Ultimately, the City will use this database as a resource to schedule required inspections.
Stormwater Utility Fee
On April 25, 1995, the City of Portsmouth adopted a new Stormwater Management Utility (SMU) Ordinance, which specified a rate structure and billing mechanism.
The new rate structure is the same for all properties in the City. The rate is based on impervious (non-passable by water) area as a measure of each property’s contribution to stormwater runoff. Impervious area is measured in Equivalent Residential Units (ERUs). The average impervious area for residential properties in the City of Portsmouth is represented by one ERU, which is calculated as 1,877 square feet. Note that impervious surfaces are those that prevent water from soaking into the soil such as rooftops, concrete or asphalt parking lots, sidewalks, driveways, etc.
· $9.25 per month (or $27.75 per quarter) per ERU.
· RESIDENTIAL properties are billed for only 1 ERU = $9.25 per month, or $27.75 per quarter, or $111.00 per year.
· NON-RESIDENTIAL properties are billed for their actual amount of impervious cover, converted to ERU’s. Example: The bill for a non-residential property with 10,000 square feet of impervious cover would be calculated thus:
o 10,000 square feet divided by 1,877 square feet per ERU = 5.3 ERUs
o 5.3 ERUs x $9.25/ERU = $49.03 per month, $147.09 per quarter, or $588.36 per year.
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Frequently Asked Questions
What is stormwater compliance in the City of Portsmouth?
Stormwater compliance in Portsmouth means following Chapter 31.2 of the City Code, which sets minimum requirements to protect the health, safety, and welfare of Portsmouth residents and to prevent unmanaged stormwater from degrading properties, water quality, stream channels, and other natural resources. Portsmouth is also subject to the Chesapeake Bay Preservation Act, and portions of the city fall under the additional protections of that Act.
The City is the permitting authority for all land-disturbing activities and will only issue construction permits to projects with an approved plan to manage runoff during construction. Property owners are responsible for maintaining all on-site stormwater control facilities and open space areas required by the approved stormwater control plan. 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 Portsmouth?
For all private stormwater management facilities, Portsmouth requires a maintenance instrument to be recorded in local land records before the general permit is terminated. This instrument must run with the land, provide the City access for inspections and maintenance, require submission of inspection and maintenance reports to the administrator, and be enforceable by all appropriate governmental parties.
A limited exemption exists for facilities designed primarily to treat runoff from a single residential lot, where the administrator has discretion to waive the recorded instrument requirement if an alternative enforceable mechanism is in place.
For all commercial and multifamily properties, no such exemption applies. The maintenance obligation runs with the property and transfers with every ownership change. AQUALIS can manage your maintenance requirements, keep your documentation current, and represent your facility in City inspections.
How often does Portsmouth inspect stormwater facilities?
Portsmouth conducts post-construction inspections of stormwater management facilities at minimum once every five years under its state-approved inspection program. The City also maintains a database of BMPs throughout the city and uses it to schedule required inspections. If your BMP is in the database, an inspection can be initiated at any time.
The City may also enter your property at reasonable times for the purpose of obtaining information or conducting investigations necessary for enforcement. AQUALIS recommends conducting your own annual inspection so your facility is in known condition well before any City visit.
What discharges are prohibited from Portsmouth's stormwater system?
Portsmouth’s ordinance specifically prohibits several categories of discharge that are particularly relevant for commercial and industrial property owners.
It is unlawful to put any process water, wastewater, filth, animal or vegetable matter, chips, shavings, or any other substance into the stormwater system. It is unlawful to pour or discharge gasoline, oil waste, antifreeze, or other vehicle fluids into any stormwater system. Commercial, industrial, and manufacturing entities are prohibited from discharging process water or any unpermitted discharge into the stormwater system. It is also unlawful to deposit anything into gutters, ditches, storm drains, or other drainage areas that impedes or interferes with the free flow of stormwater.
These prohibitions are enforced by the administrator, police officers, and fire marshals, all of whom are authorized to act under the ordinance.
What are the penalties for stormwater violations in Portsmouth?
Portsmouth operates under two separate penalty structures depending on the type of violation.
For VSMP permit violations such as missing or incomplete SWPPPs, failure to install or properly maintain BMPs, missed inspections, and unauthorized discharges, Virginia state law authorizes civil penalties of up to $32,500 per violation, with each day of continued violation treated as a separate offense. Willful or negligent violations also carry misdemeanor charges with up to 12 months in jail and fines between $2,500 and $32,500.
For pollution of the stormwater system under Portsmouth’s own ordinance, the penalty is a misdemeanor with fines up to $1,000 or up to 30 days imprisonment per violation, or both. The person responsible is also liable to the City for all damage, loss, and expense resulting from the violation, and the City may pursue both civil and criminal remedies simultaneously. Each day of failure to remediate or remove a prohibited discharge constitutes a separate additional offense.
How is Portsmouth's stormwater utility fee calculated?
Portsmouth calculates stormwater fees based on impervious surface area using an Equivalent Residential Unit (ERU) of 1,877 square feet as the baseline. The rate is $9.25 per ERU per month, billed quarterly.
Residential properties are billed for one ERU at $9.25 per month, $27.75 per quarter, or $111.00 per year.
Non-residential properties are billed for their actual impervious area converted to ERUs. To calculate your fee, divide your total impervious square footage by 1,877 and multiply the result by $9.25 per month. For example, a commercial property with 10,000 square feet of impervious cover would pay approximately $49.03 per month, $147.09 per quarter, or $588.36 per year.
Contact the City or reach out to AQUALIS if you have questions about how your impervious area was measured or how your bill was calculated.
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.
