Your Complete Guide to Virginia’s New Erosion Control Permits and Regulations for 2024 – What Every Property Owner Needs to Know

Virginia’s erosion control landscape underwent a dramatic transformation in 2024, with sweeping regulatory changes that affect every property owner, contractor, and developer across the Commonwealth. If you’re planning any land-disturbing activities, understanding these new requirements isn’t just recommended—it’s legally mandatory.

The Big Change: VESMP Consolidation

The State Water Control Board approved the Virginia Erosion and Stormwater Management (VESM) Regulation in 2023, which became effective on July 1, 2024. This created Virginia Erosion and Stormwater Management Program (VESMP) authorities, replacing the individual Virginia Erosion and Sediment Control Program (VESCP) authorities and Virginia Stormwater Management Program (VSMP) authorities.

This consolidation represents the most significant regulatory shift in decades, designed to encourage environmentally-responsible land disturbance practices in Virginia by reducing confusion, redundancy, and conflicts between two closely associated sets of regulations.

Updated Permit Requirements and Thresholds

Any locality that operates a regulated MS4 or administers a Virginia Stormwater Management Program as of July 1, 2017, must regulate any land-disturbing activity that disturbs 10,000 square feet or more, or 2,500 square feet or more in a Chesapeake Bay Preservation Area. However, many localities have adopted more stringent requirements.

For smaller residential projects, single-family detached residential structures that disturb less than one acre and aren’t part of a larger development don’t require General Permit coverage, though localities subject to the Chesapeake Bay Preservation Act may regulate residences where land disturbance equals or exceeds 2,500 square feet.

The New Virginia Stormwater Management Handbook

The Virginia Department of Environmental Quality released the Virginia Stormwater Management Handbook, Version 1.0, which provides guidance for implementing the Virginia Erosion and Stormwater Management Regulations, with both the Handbook and VESM Regulations taking effect July 1, 2024.

The DEQ is providing a one-year transition period where any erosion and sediment control plan and stormwater management plan submitted between July 1, 2024 and June 30, 2025 can use either the existing handbooks or the new Handbook. After July 1, 2025, the existing manuals and guidance documents will be rescinded following a public notice and 30-day comment period.

Construction General Permit Updates

The new VPDES VAR10 Construction General Permit brought changes to the permit process, with DEQ releasing the final version on June 30, 2024. Key changes include updated definitions of “Qualified Personnel” requiring specific DEQ certifications starting July 1, 2025.

Corrective actions must now be implemented within five business days instead of seven calendar days, emphasizing the need for prompt response to compliance issues.

Local Authority Requirements

Localities are required to update their ordinances to comply with these changes by July 1, 2024. Localities serving as VESMP authorities are authorized to adopt more stringent ordinances based on local watershed studies or MS4 permit requirements.

Professional Certification and Contractor Requirements

All Contractor’s Erosion and Sediment Control Contractor Certifications (ESCCC) issued to date will no longer be valid as of July 1, 2025, and VDOT requires certified individuals present during land-disturbing activities. Contractors must obtain new certifications under the updated program to remain compliant.

Upcoming Changes for 2025

A second set of amendments is scheduled for publication on December 30, 2024, with a 30-day comment period, aimed at updating outdated sections that burden the regulated community. These amendments will reduce the allowable phosphorus load from new development to 0.26 pounds/acre/year from the current 0.41 pounds/acre/year.

Working with Qualified Professionals

Given the complexity of these new regulations, working with experienced professionals is more critical than ever. For property owners in the Northern Neck and Middle Peninsula regions, Erosion Control Services Essex County, VA specialists like R.E. Douglas Company offer the expertise needed to navigate these regulatory changes successfully.

R.E. Douglas Company, Inc. is a locally-owned and operated company with deep roots in the community, specializing in projects that enhance the unique landscape of the Northern Neck and Middle Peninsula region since 2003. Their services include preventing soil and land from being washed away by environmental factors and priming areas for building, farming, or planned construction.

Key Takeaways for Property Owners

The 2024 regulatory changes represent a fundamental shift toward consolidated, streamlined erosion control management in Virginia. Property owners should:

• Verify current permit requirements with their local VESMP authority
• Ensure any contractors hold valid certifications under the new system
• Plan projects with the understanding that regulations will continue evolving through 2025
• Consider working with experienced local professionals who understand both the new regulations and regional environmental conditions

These changes aren’t just bureaucratic updates—they represent Virginia’s commitment to protecting water quality while streamlining the permitting process. By understanding and complying with these new requirements, property owners can protect both their investments and Virginia’s natural resources for future generations.