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File #: 24-288    Version: 1 Name:
Type: Ordinance Status: Public Hearing
File created: 5/13/2024 In control: Board of Supervisors
On agenda: 6/5/2024 Final action:
Title: WTA 2024-00001 and OTA2024-00001 -- Amendments to Water Protection Ordinance and Associated Fee Schedule
Attachments: 1. Att.A - Proposed Chapter 17 Ordinance, 2. Att.B - Proposed Chapter 1 Ordinance, 3. Att.C - Unmarked Chapter 17 ordinance, 4. Att.D - Unmarked Chapter 1 ordinance, 5. Presentation
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AGENDA DATE: 6/5/2024

TITLE:
Title
WTA 2024-00001 and OTA2024-00001 -- Amendments to Water Protection Ordinance and Associated Fee Schedule
BODY

SUBJECT/PROPOSAL/REQUEST: Public hearing(s) to adopt a combined Erosion and Stormwater Management Ordinance in compliance with the new Virginia Erosion and Stormwater Management Program (VESMP), by amending Albemarle County Code Chapters 17 (Water Protection) and 1 (General Provisions)

ITEM TYPE: Regular Action Item

STAFF CONTACT(S): Richardson, Wall, Rosenberg, Herrick, Filardo, Svoboda, Pohl

PRESENTER (S): Frank Pohl

LEGAL REVIEW: Yes

REVIEWED BY: Jeffrey B. Richardson

BACKGROUND: The County is one of several Virginia localities subject to an MS4 (Municipal Separate Storm Sewer System) permit which are required to implement the erosion and stormwater management regulations of the State Water Control Board (SWCB). In 2016, the General Assembly enacted the Virginia Erosion and Stormwater Management Act (VESMA) to replace the existing Virginia Erosion and Sediment Control Program (VESCP) and Virginia Stormwater Management Program (VSMP) with a combined VESMP. However, the Act had a delayed effective date, pending the SWCB's adoption and approval of implementing regulations. The SWCB only recently approved and adopted the new combined Virginia Erosion and Stormwater Management (VESM) Regulation. The Final VESM Regulation was published on December 4, 2023, in the Virginia Register of Regulations, Volume 40 Issue 8, and becomes effective July 1, 2024.

The County must now incorporate the new combined program in the County Code. To match the new state law, the proposed ordinance amendments would likewise become effective July 1, 2024.

STRATEGIC PLAN: Resilient, Equitable & Engaged Community - Design programs and services that promote an equitable, engaged and climate-resilient community.

DISCUSSION: The proposed Water Protection Ordinance amendments (Attachment A) incorporate the new combined VESM...

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