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Staff outline required stormwater and erosion ordinance updates after state regulation change
Summary
City staff briefed council on required updates after the State Water Control Board adopted new erosion and stormwater regulations; changes include combining local chapters, adopting a 0.2 lb/acre phosphorus limit, new runoff calculations and a reinspection fee set at 10% of the permit fee for repeat inspections, with implementation steps due by 07/01/2025.
City staff told the Hampton City Council that state rule changes require local updates to land-disturbing and stormwater ordinances.
Brian Lewis, the city's water resources engineer, said the Virginia Department of Environmental Quality developed a model ordinance and the State Water Control Board adopted the new regulation on 06/22/2023. "We adopted a new phosphorus discharge limit of 0.2 pounds per acre in accordance with the new regulation," Lewis said, describing technical changes staff will fold into a consolidated chapter. He also said staff will adopt the new Virginia runoff reduction spreadsheet and rely on the Virginia stormwater management handbook for program guidance.
Lewis said the city will repeal chapter 13.1 (land disturbing operations) and chapter 33.2 (stormwater management) and enact a consolidated chapter 33.3 (stormwater management and erosion control). He noted the city has until 07/01/2025 to implement some of the changes after ordinance adoption. Lewis described one administrative change to enforcement practices: increasing the reinspection fee structure so that a third or subsequent initial inspection is charged at 10% of the permit fee, rather than a flat $35 charge, to discourage repeated, preventable re-inspections.
Vice Mayor Gray asked whether the changes would lengthen the site-plan approval timeline. Lewis replied, "the site plan process, the approval of the site plans, really shouldn't be impacted by this," explaining that most of the effect is on development-side calculations and permitting compliance rather than plan approval timing. Councilwoman Mugler asked whether the lower phosphorus limit would reduce the number of BMPs the city must build; Lewis said the city still must meet Chesapeake Bay TMDL obligations and that the local water-quality program will continue to advance improvements.
Speakers quoted here include Brian Lewis (Water Resources Engineer), Vice Mayor Gray and Councilwoman Mugler.
