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Virginia

SWPPP requirements in Virginia

Virginia issues its own construction general permit. We have read General VPDES Permit for Discharges of Stormwater from Construction Activities (General Permit No. VAR10) and list below the requirements we could cite to it, with the scope limits stated plainly. Screen your own acreage further down.

Who may prepare the plan

Conditional, depends on the site

Virginia gates plan preparation conditionally. The gate is triggered by plan scope rather than acreage: The SWM plan is gated; the erosion and sediment control plan is not. Confirm which case applies to your plan before relying on a generated document.

Qualifying routes

  • Licensed professional seal on the stormwater management plan

The Responsible Land Disturber role is on-site execution, not plan preparation.

Verified9VAC25-875-510(C); 9VAC25-875-550 has no counterpartSource

Coverage trigger

Worked through at 3 acres

The project disturbs 3 acres, at or above the 1 acre threshold, so it needs permit coverage.

The trigger people miss is the second one. A half acre lot inside a 40 acre subdivision is covered, because the larger common plan of development or sale is what counts, not the lot.

Read these before you act on the answer

  • Requirements below are what we have read and cited directly from General VPDES Permit for Discharges of Stormwater from Construction Activities (General Permit No. VAR10), not the federal CGP. A category we have not yet transcribed from this permit is omitted here rather than assumed to match EPA's rule.
  • Could not locate an explicit numeric acreage threshold (e.g. 'one acre') for VAR10 coverage within 9VAC25-880-1, -50, or -70 as fetched; VA's regulated-land-disturbance threshold is presumed consistent with federal's 1-acre standard but this was not directly confirmed with a quote, so no thresholds entry is included. The natural buffer requirement (Part II B 2 c (6)) has no numeric distance-in-feet specified in the permit text — distanceFeet is null. No documentation-only deadline (distinct from implementation deadline) for corrective actions was found, so corrective.documentation.identify is omitted. VA has no arid/semi-arid/drought reduced-inspection provision; it instead has a frozen-ground reduction, captured as state.va.inspection.reduced.frozenGround. The standard NOI/registration-statement deadline is 'prior to commencement of land disturbance' rather than a fixed day count, so deadline.noi.newSite.value.days is null.
  • Virginia gates plan preparation conditionally. The gate is triggered by plan scope rather than acreage: The SWM plan is gated; the erosion and sediment control plan is not. Confirm which case applies to your plan before relying on a generated document.
  • Basinwise does not perform the physical site inspections the permit requires. Those must be carried out on site by a qualified person.

What the permit requires of a Virginia site

Worked for a three acre site with the receiving water unconfirmed. Each line says why it attached to this site rather than in general. Check the notes above for the site sizes this permit does not cover.

Filing

Plan before Notice of Intent

A stormwater pollution prevention plan (SWPPP) shall be developed prior to the submission of a registration statement and implemented for the construction activity.

A stormwater pollution prevention plan (SWPPP) shall be developed prior to the submission of a registration statement and implemented for the construction activity
Verified9VAC25-880-70, Part II A 1Source
Notice of Intent deadline

Registration statement must be submitted to the VESMP authority prior to the commencement of land disturbance. A limited exception applies to certain emergency-related activities, where the registration statement may instead be submitted no later than 30 days after commencement of land disturbance.

Why this applies here: This is the deadline for a new site. A transfer to a new operator or an emergency related project has a different deadline.

Any operator proposing a new stormwater discharge from construction activities shall submit a complete and accurate registration statement to the VESMP authority prior to the commencement of land disturbance. ... The operator submits a complete and accurate registration statement to the VESMP authority no later than 30 days after the commencement of land disturbance
Verified9VAC25-880-50 A 1 a and A 1 b (1)Source
Notice of Termination deadline
30

A Notice of Termination must be submitted no later than 30 days after a qualifying condition is met (e.g. permanent controls in place and functioning, final stabilization achieved, another operator assumes control, alternative VPDES coverage obtained).

The notice of termination shall be submitted no later than 30 days after one of the conditions in subdivision 1 of this subsection is met.
Verified9VAC25-880-70, Part I F 2Source

Inspections

Inspection frequency, option 1
5

Operator may choose to inspect at least once every five business days, with no separate rain trigger required under this option.

Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.

At least once every five business days
Verified9VAC25-880-70, Part II G 2 b (1)Source
Inspection frequency, option 2
10

Alternative to the 5-business-day option: inspect at least once every 10 business days, and additionally no later than 24 hours following a measurable storm event (0.25 inches of rain or more within a 24-hour period).

Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.

At least once every 10 business days and no later than 24 hours following a measurable storm event. ... A storm event that produces 0.25 inches or more of rain within a 24-hour period on the first day of the storm and continues to produce 0.25 inches or more of rain on subsequent days.
Verified9VAC25-880-70, Part II G 2 b (2) and (2)(a)Source
Who may inspect

"Qualified personnel" means a person knowledgeable in the principles and practices of erosion and sediment and stormwater management controls who possesses the skills to assess conditions at the construction site for the operator that could impact stormwater quality and quantity and to assess the effectiveness of any sediment and erosion control measures or stormwater management facilities selected to control the quality and quantity of stormwater discharges from the construction activity. On or after July 1, 2025, qualified personnel must hold specified DEQ or EPA certifications.

Why this applies here: This is why Basinwise cannot perform your inspections. The permit requires a trained person physically on the site.

"Qualified personnel" means a person knowledgeable in the principles and practices of erosion and sediment and stormwater management controls...
Verified9VAC25-880-1, Definitions ('Qualified personnel')Source

Stabilisation

Initiate stabilisation

Stabilization initiation must occur immediately whenever land-disturbing activities have permanently ceased on any portion of the site, or temporarily ceased and will not resume for more than 14 days.

Why this applies here: This applies at both land disturbance amounts.

Ensure the initiation of stabilization activities of disturbed areas occurs immediately whenever any clearing, grading, excavating, or other land-disturbing activities have permanently ceased on any portion of the construction site, or temporarily ceased on any portion of the construction site and will not resume for a period exceeding 14 days
Verified9VAC25-880-70, Part II B 2 c (9)Source

Corrective action

Corrective action, major fix
5

Corrective actions identified as a result of an inspection, and routine maintenance of control measures, shall be implemented as soon as practicable but no later than five business days after discovery, or a longer period as approved by the VESMP authority.

the operator shall implement the corrective actions identified as a result of an inspection as soon as practicable but no later than five business days after discovery or a longer period as approved by the VESMP authority
Verified9VAC25-880-70, Part II H 1 (and identically, Part II F 2 for routine maintenance)Source

Buffers

Natural buffer

Erosion and sediment control plans must provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase sediment removal, and maximize stormwater infiltration, unless infeasible due to site conditions or geology. No specific numeric buffer distance in feet is stated in the permit text.

Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase sediment removal, and maximize stormwater infiltration, unless infiltration would be inadvisable due to the underlying geology (e.g., karst topography) and groundwater contamination concerns or infeasible due to site conditions.
Verified9VAC25-880-70, Part II B 2 c (6)Source

Records you must keep

Inspection report deadline
96

The written inspection report must be incorporated into the SWPPP no later than four business days after the inspection is completed.

The inspection report shall be included into the SWPPP no later than four business days after the inspection is complete.
Verified9VAC25-880-70, Part II G 5Source
Record retention
3

Inspection reports and any actions taken under Part II must be retained by the operator as part of the SWPPP for at least three years from the date general permit coverage expires or is terminated.

Why this applies here: The clock runs from permit expiry or termination, not from when the record was written, so on a multi year project every record stays live for the whole project plus three years.

The inspection report and any actions taken in accordance with Part II shall be retained by the operator as part of the SWPPP for at least three years from the date that general permit coverage expires or is terminated.
Verified9VAC25-880-70, Part II G 6Source

Screen a Virginia site now

Your acreage, your receiving water, your answer. Runs in your browser, nothing is transmitted.

Screen your site

Runs in your browser

Total land disturbance over the whole project, including staging and access. This decides whether you need a permit at all.

Optional. If you phase the work, the most that will be disturbed at once. Leave blank if the whole site is open together. The stabilisation deadline turns on this figure, not the total.

A half acre lot inside a 40 acre subdivision is covered even though the lot alone is under the threshold. This is the most commonly missed trigger in the permit.

Receiving water and site conditions(optional, but they change the inspection frequency)

May allow a reduced inspection frequency during the seasonally dry period.

EPA keeps permitting authority in Indian country even inside a state that runs its own programme.

No account, no card, nothing transmitted.

What a plan has to cover, under the federal permit

This is EPA's list, from the 2022 Construction General Permit. It does NOT govern in Virginia, where the state issues its own permit and sets its own contents. It is here as a shape to expect, not as the requirement you will be held to.

General SWPPP requirementPart 7.1Verified
  • All operators associated with a construction site under this permit must develop a SWPPP consistent with Part 7 prior to their submittal of the NOI. The SWPPP must be kept up-to-date throughout coverage under this permit. If a SWPPP was prepared under a previous version of this permit, the operator must review and update it before submitting an NOI.
All Site OperatorsPart 7.2.1Verified
  • Include a list of all other operators who will be engaged in construction activities at the site, and the areas of the site over which each operator has control.
Stormwater TeamPart 7.2.2Verified
  • Identify the personnel (by name and position) on the stormwater team pursuant to Part 6.1, their individual responsibilities, and which members are responsible for conducting inspections. Include verification that each member has received the Part 6.2 training, and documentation that inspection personnel have received the Part 6.3 training (EPA inspector training certificates, or documentation of a current non-EPA program certification plus confirmation the program satisfies the Part 6.3b minimum elements).
Nature of Construction ActivitiesParts 7.2.3a - 7.2.3iVerified
  • A description of the nature of your construction activities, including the age or dates of past renovations for structures undergoing demolition
  • The size of the property (in acres, or length in miles if a linear construction site)
  • The total area expected to be disturbed by the construction activities (to the nearest quarter acre, or nearest quarter mile if a linear construction site)
  • A description of any on-site and off-site construction support activity areas covered by this permit
  • The maximum area expected to be disturbed at any one time, including on-site and off-site construction support activity areas
  • A description and projected schedule for: commencement of construction activities in each portion of the site (clearing and grubbing, mass grading, demolition, site preparation, final grading, and creation of soil and vegetation stockpiles requiring stabilization); temporary or permanent cessation of construction activities in each portion; temporary or final stabilization of exposed areas for each portion; and removal of temporary stormwater controls and construction equipment or vehicles and cessation of construction-related pollutant-generating activities
  • A list and description of all pollutant-generating activities on the site, with an inventory of pollutants or pollutant constituents associated with each, taking into account where potential spills and leaks could occur and any known hazardous or toxic substances such as PCBs and asbestos that will be disturbed or removed
  • Business days and hours for the project
  • If conducting construction activities in response to a public emergency, a description of the cause of the emergency, information substantiating its occurrence (e.g. a State disaster declaration), and a description of the construction necessary to reestablish affected public services
Site MapParts 7.2.4a - 7.2.4kVerified
  • Boundaries of the property
  • Locations where construction activities will occur, including: locations of earth-disturbing activities (noting any phasing) including demolition; approximate slopes before and after major grading (noting any steep slopes); locations where sediment, soil or other construction materials will be stockpiled; any receiving water crossings; designated points where vehicles will exit onto paved roads; locations of structures and other impervious surfaces upon completion; and locations of on-site and off-site construction support activity areas
  • Locations of any receiving waters within the site and all receiving waters within one mile downstream of the site's discharge point(s), identifying whether any are listed as impaired or identified as a Tier 2, Tier 2.5 or Tier 3 water
  • Any areas of Federally listed critical habitat within the action area of the site
  • Type and extent of pre-construction cover on the site (e.g. vegetative cover, forest, pasture, pavement, structures)
  • Drainage patterns of stormwater and authorized non-stormwater before and after major grading activities
  • Stormwater and authorized non-stormwater discharge locations, including discharges to storm drain inlets (noting whether the inlet conveys stormwater to a sediment basin, sediment trap or similarly effective control), discharges directly to receiving waters, and locations where turbidity benchmark monitoring will take place
  • Locations of all potential pollutant-generating activities identified in Part 7.2.3g
  • Designated areas where construction wastes covered by the Part 2.3.3e.ii exception will be stored
  • Locations of stormwater controls, including natural buffer areas and any shared controls utilized to comply with this permit
  • Locations where polymers, flocculants or other treatment chemicals will be used and stored
Non-Stormwater DischargesPart 7.2.5Verified
  • Identify all authorized non-stormwater discharges in Part 1.2.2 that will or may occur.
Procedures for Inspection, Maintenance, and Corrective ActionParts 7.2.7a - 7.2.7eVerified
  • The inspection schedule you will follow, based on whether your site is subject to Part 4.2 or Part 4.3, or whether it qualifies for any of the reduced inspection frequencies in Part 4.4
  • If conducting inspections under Part 4.2.2, Part 4.3 or Part 4.4.1b, the location of the rain gauge or the address of the weather station you will use to obtain rainfall data
  • If reducing your inspection frequency in accordance with Part 4.4.1b, the beginning and ending dates of the seasonally defined arid period for your area or the valid period of drought
  • If reducing your inspection frequency in accordance with Part 4.4.3, the beginning and ending dates of frozen conditions on your site
  • Any maintenance or inspection checklists or other forms that will be used
Procedures for Turbidity Benchmark Monitoring from Dewatering Discharges (if applicable)Part 7.2.8Verified
  • If required to comply with the Part 3.3 turbidity benchmark monitoring requirements, describe the procedures you will follow to collect and evaluate samples, report results to EPA, keep records of monitoring information, and take corrective action when necessary. Include the specific type of turbidity meter you will use and any manuals or manufacturer instructions on how to operate and calibrate it. Describe any coordinating arrangement with other permitted operators on the same site, including which parties are tasked with specific responsibilities. If EPA has approved an alternate turbidity benchmark, include the data and documentation relied on to request it.
Compliance with Other RequirementsParts 7.2.9a - 7.2.9cVerified
  • Threatened and Endangered Species Protection: include the documentation required in the Endangered Species Protection section of the NOI in NeT, or the ESA worksheet in Appendix D, supporting your eligibility
  • Historic Properties: include the documentation required in Appendix E supporting your eligibility with regard to the protection of historic properties
  • Safe Drinking Water Act Underground Injection Control (UIC) requirements: if using infiltration trenches, commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults/chambers/devices designed to capture and infiltrate stormwater, or drywells, seepage pits or improved sinkholes, document any contact with the applicable State agency or EPA Regional Office responsible for underground injection wells. Such controls would generally be considered Class V UIC wells
SWPPP CertificationPart 7.2.10Verified
  • Your signatory must sign and date your SWPPP in accordance with Appendix G, Part G.11.
Post-Authorization Additions to the SWPPPParts 7.2.11a - 7.2.11cVerified
  • A copy of your NOI submitted to EPA along with any correspondence exchanged between you and EPA related to coverage under this permit
  • A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID (i.e. permit tracking number)
  • A copy of this permit (an electronic copy easily available to the stormwater team is also acceptable)

Read the permit itself at the source document.

What people ask about SWPPP requirements in Virginia

What are the SWPPP requirements in Virginia?

Virginia issues its own construction general permit, and we have read General VPDES Permit for Discharges of Stormwater from Construction Activities (General Permit No. VAR10). The requirements listed on this page, such as inspection frequency, who may inspect, stabilisation, corrective action and record retention, are cited to that permit rather than to EPA's. Anything we have not transcribed is left out instead of assumed to match the federal rule, and the scope note on this page says which sites the permit does not cover. Confirm the current permit and any site-size variant with Virginia Department of Environmental Quality (Virginia DEQ).

Who may prepare a SWPPP in Virginia?

Virginia gates plan preparation conditionally. The gate is triggered by plan scope rather than acreage: The SWM plan is gated; the erosion and sediment control plan is not. Confirm which case applies to your plan before relying on a generated document.

How often must a Virginia site be inspected?

The inspection frequency is set by the Virginia construction general permit, which we have not read. Confirm it with Virginia Department of Environmental Quality (Virginia DEQ).

Who may prepare a stormwater plan in Virginia

The permit makes you keep the record, not just know the answer

Screening is free. Pro generates the site specific plan document and retains the inspection and corrective action log.