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Hampton staff brief council on state-driven stormwater, erosion rule changes and local ordinance updates
Summary
City staff explained Virginia’s new erosion and stormwater regulations, the required consolidation of local chapters into a single ordinance, adoption of a 0.2 lb/acre phosphorus limit, use of DEQ tools, and a proposed reinspection fee change to 10% of permit fee to discourage repeat contractor re-calls.
Brian Lewis, Hampton’s Water Resources Engineer, told council the Virginia State Water Control Board adopted updated erosion and stormwater management regulations that require localities to update ordinances and technical guidance. Lewis said the city will consolidate the land-disturbing operations and stormwater management chapters into one chapter with separate articles, adopt the DEQ runoff-reduction spreadsheet and stormwater handbook, and implement a new phosphorus-discharge limit of 0.2 lb/acre.
Lewis described practical implications: the definition of regulated land cover expands to include managed turf and mixed open areas, which may change pollutant-removal calculations for some projects; the change generally reduces required pollutant removal for typical commercial developments but increases it for projects with large managed-turf areas. Staff must repeal Chapter 13.1 (land-disturbing operations) and Chapter 33.2 (stormwater management) and enact Chapter 33.3 (stormwater management and erosion control), with some changes to be implemented by July 1, 2025.
Vice Mayor Gray asked whether the new requirements would slow site-plan approvals. Lewis said the formal site-plan approval timeline should not be affected, though additional calculations will be required on the development side; he explained the rationale for increasing the reinspection fee (from $35 to 10% of the permit fee) to reduce repeated unnecessary inspection calls that require inspectors to return multiple times.
When Councilwoman Harper asked if the lower phosphorus limit would reduce the city's BMP construction burden under the Chesapeake Bay TMDL, Lewis said the city remains responsible for TMDL obligations and will continue local water-quality improvements, though some project-level calculations will change. Lewis told council staff would present the consolidated ordinance for council action at a later agenda meeting; the briefing did not itself enact the ordinance.
Next steps: staff will place the ordinance update on the evening agenda for formal consideration and must implement required changes according to the state’s timetable.
