9 Va. Admin. Code § 25-870-112

Current through Register Vol. 40, No. 22, June 17, 2024

Section 9VAC25-870-112 - [Repealed effective 7/1/2024] Long-term maintenance of permanent stormwater management facilities

A. The VSMP authority shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to state permit termination or earlier as required by the VSMP authority and shall at a minimum:

1. Be submitted to the VSMP authority for review and approval prior to the approval of the stormwater management plan;

2. Be stated to run with the land;

3. Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;

4. Provide for inspections and maintenance and the submission of inspection and maintenance reports to the VSMP authority; and

5. Be enforceable by all appropriate governmental parties.

B. At the discretion of the VSMP authority, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the VSMP authority that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the VSMP authority.

C. In addition to the requirements of subsection A of this section, any owner of property that is zoned for residential use and on which is located a privately owned stormwater management facility serving one or more residential properties shall record the long-term maintenance and inspection requirements for such facility with the deed for the property.

9 Va. Admin. Code § 25-870-112

Derived From Virginia Register Volume 30, Issue 2, eff. October 23, 2013; Amended, Virginia Register Volume 37, Issue 05, eff. 11/25/2020; Repealed, Virginia Register Volume 40, Issue 8, eff. 7/1/2024.

Statutory Authority: § 62.1-44.15:28 of the Code of Virginia; Chapters 68 and 758 of the 2016 Acts of Assembly.