Blacksburg council adopts consolidated erosion and stormwater ordinance, raises some post‑development thresholds

Blacksburg Town Council on Tuesday adopted Ordinance 2061 A, B and C, consolidating the town’s erosion and sediment control and stormwater management regulations into a single chapter and changing several thresholds and administrative references.

The consolidated ordinance, staff said, folds existing chapter 18 stormwater rules into a revised chapter 10 so the town’s code mirrors the Virginia Department of Environmental Quality’s (DEQ) new erosion and stormwater management program. Coffey Howard, who delivered the staff presentation, said, “we are recommending the adoption of the Virginia erosion and stormwater management program consolidated ordinance.”

The ordinance repeals existing town code sections 10.100 through 10.213 and 18.600 through 18.629 and then incorporates DEQ provisions into a new chapter 10 (sections 10.100–10.130). One substantive regulatory change adopted by council raises the post‑development water‑quality land‑disturbance threshold from 5,000 square feet to 10,000 square feet for water‑quantity controls on very small sites; the 5,000‑square‑foot threshold remains in place for erosion and sediment (E&S) control and for subdivisions and larger developments.

Why it matters: Howard told council the state has adopted a new stormwater act that requires localities to consolidate their E&S and stormwater programs. He said consolidation creates “a better and cohesive program” that covers controls during construction (E&S) and long‑term post‑construction stormwater management in the same language, and avoids duplicated wording that currently references multiple older technical handbooks.

How staff defended the threshold increase: Howard said the 5,000–10,000 square‑foot sites are typically too small to install meaningful on‑site water‑quality measures, and most such projects purchase nutrient credits instead. “Most sites that fall into that category buy nutrient credits anyways,” Howard said, adding that the town remains “still significantly more restrictive than the state” even after the change.

Public comment was largely critical of the proposed threshold increase. One speaker (read into the record) said the change “contradicts the town's comprehensive plan, which emphasizes the protection and preservation of our stream and water quality.” Gwyneth Homer, a resident of 222 Price Street, said towns can hold higher standards locally when federal and state protections weaken and urged council to maintain stronger local rules. Steve Gillespie of 201 Fairfax Road told council that easing standards “shouldn't come at the cost of our environmental standards and regulatory safeguards.”

Council discussion emphasized the months of staff work and multiple work sessions the council and stakeholders had held. A council member noted that subdivisions and larger projects would continue to require on‑site stormwater management, and another said the change balances environmental protection with the costs and practical constraints of very small infill sites. A council speaker summarized the tradeoff: requiring the last increments of pollution control can be disproportionately expensive relative to the environmental benefit on very small sites.

Vote and outcome: The clerk called the roll on the motion to approve Ordinance 2061 parts A, B and C. The recorded votes were: Ford — Aye; Mattingly — Aye; Sutphin — Aye; Watson — Aye; Henderson — Aye; Oliver — Aye. The motion passed.

Next steps and effective date: Staff recommended and council approved making the new consolidated ordinance effective July 1, 2025, so the town’s code would align with DEQ’s single standard and avoid maintaining parallel references to both old and new criteria.

What stayed the same: Howard and staff reiterated that larger developments and subdivisions will still be subject to robust on‑site stormwater management and that the town’s standards remain, in many ways, more restrictive than the state’s.

Public evidence: The council record includes staff presentations, multiple public commenters during the public‑hearing segment and the formal roll‑call vote approving the ordinance.

The council’s adoption resolves the town’s statutory need to consolidate its local program with state DEQ rules and establishes a July 1, 2025 effective date for the new consolidated chapter.