VA Stormwater Management Program (VSMP)

As of July 1, 2014, Loudoun County is established as a VA Stormwater Management Program (VSMP) Authority, as required by the Virginia Stormwater Management Act and the attendant regulations. The new regulations are adopted in Chapter 1096 of the Loudoun County Codified Ordinances and Chapter 5 of the Facilities Standards Manual (FSM). (Please note that the link to Chapter 1096 may work best in Chrome or Firefox. You may also go to the main page for the Loudoun County Codified Ordinances and navigate to Chapter 1096.)

Permits

As a VSMP Authority, Loudoun County issues and administers permits for regulated land disturbing activities to ensure compliance with the regulations both during and after construction. The process includes plan review and approval, site inspections during and after construction, and operation and maintenance of the SWM system following construction. In addition, Loudoun County's program is overseen by the Virginia Department of Environmental Quality (DEQ), which also issues permit coverage under the state's VPDES Construction General Permit. This "dual coverage" by Loudoun County and the state must be obtained prior to land disturbance.

The following graphic provides an overview of the process for obtaining a land disturbance permit.

Process Graphic

VSMP Application Package

The VSMP application package is typically submitted as a companion to a Land Development Application (LDA) (i.e., one that will result in land disturbance, such as a Site Plan or Construction Plans and Profiles) when one is required, or to a Grading Permit application.

The VSMP Permit Package Consists of the Following Items:

  1. A Stormwater Pollution Prevention Plan (SWPPP): a living document that is updated by the construction activity operator throughout the life of the project, the SWPPP must be kept on-site, or be available for review. It consists of 3 parts:
    • Erosion and Sediment Control (E&S) Plan: Requirements can be found in Chapter 1220 of the Codified Ordinance and Chapter 7 of the Facilities Standards Manual (FSM).
    • SWM Plan: Requirements can be found in Chapter 1096 of the Codified Ordinances and Chapter 5 of the FSM. (Please note that the link to Chapter 1096 may work best in Chrome or Firefox. You may also go to the main page for the Loudoun County Codified Ordinances and navigate to Chapter 1096.)
      For single-family detached residences that are separately built (not in a Common Plan of Development) and result in less than 5 acres of land disturbance, an Agreement in Lieu of a Stormwater Plan (PDF) satisfies the SWM plan requirement.
    • Pollution Prevention Plan ("P2 Plan): Addresses control of construction-phase pollutants, such as trash, concrete waste, fuel spills and portable toilets. The P2 Plan is not reviewed for approval. Note: For single-family detached lots disturbing less than 5 acres, a simplified SWPPP Template (PDF) can be used to satisfy the P2 Plan requirement.
  2. Fees: VSMP fees (PDF) are collected both by the County and VA DEQ. The applicant may choose to pay either the total County VSMP fee at the time the VSMP application package is submitted, or to pay 50% of the County VSMP fee up front, with the remainder to be paid prior to permit issuance. Once all SWM and E&S comments have been addressed and all fees have been paid, the County will transmit permit data to DEQ, at which point, DEQ will contact the applicant regarding payment of the state fee.
  3. Registration Statement

On the Registration Statement, the applicant is required to indicate the latitude and longitude of the project, the Hydrologic Unit Code(s) in which the project is located, and the name(s) of the receiving waters. These can be obtained using the resources currently available under the "Useful Links" section on DEQ's Construction General Permit page.

Summary of Required Submittals for Initial VSMP Permit Coverage

*Applies to construction of homes within a Common Plan of Development or Sale and to homes that are separately built, where the disturbed area per lot does not exceed 5 acres.

**Typically applies only to separately built residences, since a Common Plan of Development or Sale would have an overall SWM Plan that covers each lot.

***Assistance in developing a grading plan for a separately-built single-family detached residential home can be obtained by contacting Joe Ohler, the Loudoun County Erosion and Sediment Control Program Manager, at 703-777-0220.

Common Plan of Development

Note: A Common Plan of Development (CPoD) is defined as "a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules." Lots recorded prior to July 1, 2004 are not considered to be part of a Common Plan of Development.

Additional Information

For more information, email James Edmonds, Department of Building and Development, or by calling 703-777-0220.