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2013 SESSION
HB 2190 Stormwater management ordinances; requires localities to adopt more stringent requirements, etc.
Introduced by: John A. Cosgrove-resigned 8/16 | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Stringency of stormwater management ordinances. Establishes a procedure for state review of the stringency of local stormwater ordinances. The bill requires localities within 30 days of the adoption of a more stringent stormwater ordinance or requirement to submit a letter report to the Department of Conservation and Recreation. The letter report is to include an explanation as to why the more stringent ordinance or requirement is necessary. In addition, within 90 days of the ordinance's adoption, a landowner or his agent can request the Department of Conservation and Recreation to determine whether the ordinance or requirement meets the standards of the state law. The Department has 90 days to make such a determination.
SUMMARY AS PASSED HOUSE:
Stringency of stormwater management ordinances. Requires localities to report to the Department of Conservation and Recreation when a more stringent stormwater management ordinance or stormwater requirements are developed by the localities. Before adoption of such an ordinance, the Department is required to review the ordinance or requirement and all supporting material and determine where the requirements will prevent the degradation of water resources and address TMDL requirements. Localities are prohibited from limiting the use of best management practices approved by the Director of the Department of Conservation and Recreation or the Virginia Soil and Water Conservation Board, except under limited conditions.
SUMMARY AS INTRODUCED:
Stringency of stormwater management ordinances. Requires localities that adopt more stringent stormwater management requirements than those necessary to ensure compliance with the minimum regulations of the Soil and Water Conservation Board to submit such requirements to the Board to confirm that statutory requirements have been met and that the locality's determinations pursuant to the statute are reasonable. The bill ensures the availability of best management practices authorized by the Virginia Stormwater Management Regulations and the Virginia Stormwater BMP Clearinghouse Committee as a means of complying with regulations and requirements.