Last Updated 07/24/2026
Stormwater Management Ordinance In Virginia Beach
APPENDIX D - EROSION AND STORMWATER MANAGEMENT
Sec. 4.2. - Stormwater management plan; contents of plan
A. A stormwater management plan shall be developed and submitted to the VESMP administrator. The stormwater management plan shall be implemented as approved or modified by the VESMP administrator and shall be developed in accordance with the following:
- A stormwater management plan for a land-disturbing activity shall apply the stormwater management technical criteria set forth in this ordinance and Article 4 (9VAC25-875-670 et seq) of Part V of the Regulation to the entire land-disturbing activity. Individual lots in new residential, commercial, or industrial developments, including those developed under subsequent owners, shall not be considered separate land-disturbing activities.
- A stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff.
B. A complete stormwater management plan shall include the following elements:
- Information on the type of and location of stormwater discharges, information on the features to which stormwater is being discharged including surface waters or karst features if present, and predevelopment and post-development drainage areas;
- Contact information including the name, address, telephone number, and email address of the owner and the tax reference number and parcel number of the property or properties affected;
- A narrative that includes a description of current site conditions and final site conditions or if allowed by the VESMP Administrator, the information provided and documented during the review process that addresses the current and final site conditions;
- A general description of the proposed stormwater management facilities and the mechanism through which the facilities will be operated and maintained after construction is complete;
- Information on the proposed stormwater management facilities, including: (i) detailed narrative on the conversion to a long-term stormwater management facility if the facility was used as a temporary ESC measure; (ii) the type of facilities; (iii) location, including geographic coordinates; (iv) acres treated; and (v) the surface waters or karst features into which the facility will discharge;
- Hydrologic and hydraulic computations, including runoff characteristics;
- Documentation and calculations verifying compliance with the water quality and quantity requirements of these regulations;
- A map of the site that depicts the topography of the site and includes:
i. All contributing drainage areas;
ii. Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains;
iii. Soil types, geologic formations if karst features are present in the area, forest cover, and other vegetative areas;
iv. Current land use including existing structures, roads, and locations of known utilities and easements;
v. Sufficient information on adjoining parcels to assess the impacts of stormwater from the site on these parcels;
vi. The limits of clearing and grading, and the proposed drainage patterns on the site;
vii. Proposed buildings, roads, parking areas, utilities, and stormwater management facilities; and
viii. Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including planned locations of utilities, roads, and easements;
ix. All Chesapeake Bay Preservation Area designations of Resource Protection Areas, including variable width buffers;
x. All Southern Rivers Watershed buffers and nontidal wetlands, pursuant to Appendix G of the Virginia Beach City Code; and
xi. Any other information reasonably necessary for an evaluation of the development activity;
9. If an operator intends to meet the requirements established in 9VAC25-875-540 or 9VAC25-875-600 through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included; and that a Stormwater Management Facilities Maintenance Agreement acceptable to the City has been recorded and that all necessary easements are in place to access and utilize the Stormwater Management Facility;
10. A maintenance agreement and adequate easements shall be executed and recorded to ensure responsibility for the maintenance of any stormwater management facilities constructed under the requirements of this ordinance, unless exempted from this requirement under section 5.3, and to ensure appropriate access to such facilities for maintenance, inspection and corrective action;
11. If the VESMP Administrator requires payment of a fee with the stormwater management plan submission, the fee and the required fee form in accordance with section 5.9 of this ordinance must have been submitted.
C. All final plan elements, specifications, or calculations of the stormwater management plans whose preparation requires a license under Chapter 4 (Code of Virginia § 54.1-400 et seq.) or 22 (Code of Virginia § 54.1-2200 et seq.) of Code of Virginia Title 54.1 shall be appropriately signed and sealed by a professional who is licensed to engage in practice in the Commonwealth of Virginia. Nothing in this subsection shall authorize any person to engage in practice outside his area of professional competence.
Sec. 5.3. - Long-term maintenance of permanent stormwater facilities.
A. The operator shall submit an as-built survey drawing for permanent stormwater management facilities to the VESMP Administrator in accordance with 9VAC25-875-535. The as-built survey 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 serve as a permanent record of the actual location of all constructed elements.
B. The VESMP Administrator shall require the provision of long-term responsibility for maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in a Stormwater Management Facilities Maintenance Agreement recorded in the local land records of the Virginia Beach Circuit Court, prior to issuance of a VESMP permit and shall:
- Be submitted to the VESMP Administrator for review and approval prior to the approval of the stormwater management plan and the VESMP permit;
- Be stated to run with the land;
- Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;
- Provide for inspections and maintenance and the submission of inspection and maintenance reports to the VESMP Administrator;
- Be enforceable by all appropriate governmental parties; and
- Be approved for legal sufficiency by the City Attorney.
C. A recorded instrument is not required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. An agreement in lieu of plan shall be entered into that provides an enforceable mechanism to ensure future maintenance of such facilities.
D. The VESMP Administrator has developed 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 homeowner inspections, homeowner outreach and education, or other method 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 Administrator.
Sec. 5.4. - Monitoring and inspections.
A. The VESMP 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; and Development and implementation of any additional control measures necessary to address a TMDL.
B. The VESMP Administrator shall conduct periodic inspections on all projects during construction. The VESMP Administrator shall either:
- Provide for an inspection during or immediately following initial installation of erosion and sediment controls, at least once in every two-week period, within 48 hours following any runoff producing storm event, and at the completion of the project prior to the release of any performance bonds; or
- Establish an alternative inspection program which ensures compliance with the approved erosion and sediment control plan. Any alternative inspection program shall be:
i. Approved by the department prior to implementation;
ii. Established in writing;
iii. Based on a system of priorities that, at a minimum, address the amount of disturbed project area, site conditions and stage of construction; and
iv. Documented by inspection records.
C. The VESMP Administrator shall establish an inspection program that ensures that permanent stormwater management facilities are being adequately maintained as designed after completion of land-disturbing activities. Inspection programs shall:
- Be approved by the department;
- Ensure that each stormwater management facility is inspected by the VESMP Administrator, or its designee, not to include the owner, except as provided in subsections D and E of this section, at least once every five years; and
- Be documented by records.
D. Pursuant to Code of Virginia § 62.1-44.15:40, the City may require every VESMP permit applicant or permittee, or any such person subject to VESMP authority permit requirements under this Ordinance, 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 Ordinance.
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Frequently Asked Questions
What is stormwater compliance in the City of Virginia Beach?
Stormwater compliance in Virginia Beach means following the City’s Stormwater Management Ordinance, which establishes requirements to protect the health, safety, and welfare of residents and to prevent unmanaged stormwater from harming water quality and natural resources. 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. Post-construction stormwater regulations also apply, and stormwater fees are collected as part of the permitting process.
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 Virginia Beach?
Before a VSMP permit is issued, a Stormwater Management Facilities Maintenance Agreement must be recorded in the land records of the Virginia Beach Circuit Court. This agreement must be approved for legal sufficiency by the City Attorney before it can be accepted, which is a notable additional step not found in most Virginia municipalities.
The agreement 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. It transfers with every ownership change.
A limited exemption exists for facilities treating runoff primarily from a single residential lot, subject to the administrator’s discretion. For all commercial and multifamily properties, the full agreement requirement applies. AQUALIS can manage your ongoing maintenance obligations and keep your reports current.
What pollution prevention obligations apply to construction sites in Virginia Beach?
Virginia Beach requires a Pollution Prevention Plan for all permitted land-disturbing activities. The plan must detail how pollutants will be minimized and must address several specific prohibited discharge categories.
Vehicle and equipment wash water must be treated in a sediment basin or equivalent control before discharge. Building materials, construction waste, fertilizers, pesticides, detergents, and sanitary waste must be kept out of stormwater. Spill prevention and response procedures must be in place.
The following discharges are specifically prohibited from construction sites: wastewater from concrete washout unless managed by an approved control; wastewater from stucco, paint, form release oil, or curing compound washout; fuels, oils, or other vehicle and equipment pollutants; and soaps or solvents used in vehicle or equipment washing. Dewatering discharges are also prohibited unless managed by appropriate controls.
The SWPPP must be kept on site or posted near the main entrance, and must be updated whenever design, construction, or operational changes affect stormwater discharge.
What are the penalties for stormwater violations in Virginia Beach?
Virginia Beach’s penalty provisions follow the framework established under Virginia state law.
Civil penalties of up to $32,500 per violation can be ordered by the Circuit Court, with each day of continued violation constituting a separate offense. The court considers the degree of harm caused and the economic benefit gained from noncompliance. Civil penalties paid to the City go into a dedicated account used for local pollution prevention and water quality improvement.
Misdemeanor charges apply for willful or negligent violations, with up to 12 months in jail and fines of at least $2,500.
The City can also seek injunctions and other court orders to compel compliance, and can issue stop work orders when violations are found during construction.
How do I know if my Virginia Beach stormwater system is at risk of failure or safety violation?
Watch for these warning signs.
No maintenance agreement recorded or City Attorney approval not obtained. Virginia Beach requires the maintenance agreement to be approved by the City Attorney before it is accepted. If your agreement was never executed, never recorded in Circuit Court, or did not go through City Attorney review, that is an active compliance gap.
Your five-year inspection is approaching or overdue. The City inspects all stormwater facilities at least once every five years. Identifying and correcting deficiencies before the City’s inspection avoids enforcement action.
Water is not draining after rain. Standing water beyond the expected drawdown period for your facility type suggests it 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 construction SWPPP is outdated or unavailable. Virginia Beach requires the SWPPP to be maintained on site and updated whenever changes affect stormwater discharge. A SWPPP that does not reflect current site conditions is an independent violation.
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.
