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2013 SESSION
13103377DBe it enacted by the General Assembly of Virginia:
1. That § 10.1-603.7 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-603.7. Authorization for more stringent ordinances.
A. Localities are authorized to adopt more stringent
stormwater management ordinances than those necessary to ensure compliance with
the Board's minimum regulations, provided that the more stringent ordinances
are based upon factual findings of local or regional comprehensive watershed
management studies or findings developed through the implementation of a an
MS4 permit or a locally adopted watershed management study and are determined
by the locality to be necessary to prevent any further degradation to water
resources, to address TMDL requirements, to protect exceptional state waters,
or to address specific existing water pollution including nutrient and sediment
loadings, stream channel erosion, depleted groundwater resources, or excessive
localized flooding within the watershed and that prior to adopting more
stringent ordinances a public hearing is held after giving due notice. Notwithstanding the provisions of this subsection,
localities shall not prohibit or otherwise limit the use of any compliance method or
best management practice (BMP) approved by the Board or by the Virginia
Stormwater BMP Clearinghouse Committee. Localities shall
report to the Board when more stringent stormwater management ordinances or more stringent requirements authorized by such
ordinances, such as may be set forth in design manuals,
policies, or guidance documents developed by
the localities, are
determined to be necessary pursuant to this section and the
Board shall review all other supporting
materials provided by the locality to determine that the
requirements of this section have been met and that any determination made by
the locality pursuant to this section is
reasonable. Any ordinance or other requirement found to exceed the
Board's minimum regulations that the Board determines does not
comply with this section shall be null and void.
B. Any provisions of a local stormwater management program in existence before January 1, 2005, that contains more stringent provisions than this article shall be exempt from the analysis requirements of subsection A. However, such provisions shall be reported to the Board as part of the locality's VSMP approval package.
C. Notwithstanding any other provision of law, no locality shall exact any stormwater requirement more stringent than, in excess of, or in addition to those necessary to ensure compliance with the Board's minimum regulations except as authorized pursuant to this section.