Stormwater management; local plan review, acceptance of signed and sealed plan in lieu of review. (HB1308)

Introduced By

Del. Keith Hodges (R-Urbanna)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Stormwater; local plan review; acceptance of signed plan in lieu of review. Authorizes any rural Tidewater locality, whether or not it has opted out of administering a stormwater or erosion and sediment control program, to require that a licensed professional retained by the applicant submit a set of plans and supporting calculations for land-disturbing activities that disturb 2,500 square feet or more but less than one acre of land. The bill requires the plans to bear a certification and to be signed and sealed by the professional. The locality is authorized to accept such plans in satisfaction of the local plan review requirement. The bill also directs the Department of Environmental Quality to examine the possibility of expanding the use of the agreement in lieu of a stormwater management plan, currently authorized for use in the construction of certain single-family residences, to include any nonresidential development site of less than one acre in a rural Tidewater locality. Read the Bill »


Bill Has Passed


01/10/2018Presented and ordered printed 18104164D
01/10/2018Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/29/2018Assigned ACNR sub: Subcommittee #3
01/30/2018Subcommittee recommends reporting with amendment (8-Y 0-N)
01/31/2018Reported from Agriculture, Chesapeake and Natural Resources with amendment (22-Y 0-N) (see vote tally)
02/02/2018Read first time
02/05/2018Read second time
02/05/2018Committee amendment agreed to
02/05/2018Engrossed by House as amended HB1308E
02/05/2018Printed as engrossed 18104164D-E
02/06/2018Read third time and passed House (96-Y 1-N)
02/06/2018VOTE: PASSAGE (96-Y 1-N) (see vote tally)
02/07/2018Constitutional reading dispensed
02/07/2018Referred to Committee on Agriculture, Conservation and Natural Resources
02/08/2018Impact statement from DPB (HB1308E)
02/15/2018Reported from Agriculture, Conservation and Natural Resources (14-Y 0-N) (see vote tally)
02/19/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/20/2018Read third time
02/20/2018Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/20/2018Passed Senate (40-Y 0-N) (see vote tally)
02/22/2018Bill text as passed House and Senate (HB1308ER)
02/22/2018Impact statement from DPB (HB1308ER)
02/22/2018Signed by Speaker
02/23/2018Signed by President
02/26/2018Enrolled Bill communicated to Governor on February 26, 2018
02/26/2018G Governor's Action Deadline Midnight, March 5, 2018
03/05/2018G Approved by Governor-Chapter 155 (effective 7/1/18)
03/05/2018G Acts of Assembly Chapter text (CHAP0155)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 4 minutes.


Scott J Thomas writes:

I am providing public comment for HB1308. It is clear that certain plans as proposed in the bill within the Tidewater region of Virginia have to been signed and sealed by a licensed professional and a certain certification statement is to be provided by such professional and such plans are to accepted by the local VESCP/VSMP authority. However, it is a bit unclear as to whether that means the local VESCP/VSMP authority still needs to review and approve such plans as a Virginia State Water Control Board/Virginia DEQ certified plan reviewer.

I am against the provisions of HB1308 if the intent is to forego proper review and approval by the local VESCP/VSMP authority. In addition the agreement-in-lieu of an erosion and sediment control and/or stormwater management plan was and should remain to be intended for simple single-family residential house plans not nonresidential (commercial) site plans. A nonresidential site plan between 2,500 square feet to 1 acre disturbed can be somewhat complex at times with regard to the site's building, grading, site entrance, erosion and sediment control, utility, parking and drainage/stormwater management plan arrangement and should not fall under provisions of agreement-in-lieu of criteria.

If the intent is waiver the need for local VESCP/VSMP authority review of the plans which fall within this criteria, then I am in opposition to HB1308.