NEW MEMORANDUM: De Minimis Plan Review Procedures

DEQ has issued a new memo describing procedures for handling certain land-disturbing activity plans determined to be de minimis — meaning they pose a low or medium risk of environmental impact (§ 62.1-44.15:27.4 of the Code of Virginia). This new process allows qualifying projects to move forward without a full technical plan review, provided they meet specific criteria outlined in the linked memo.

How does DEQ process these plans?

• Plans submitted to DEQ will be reviewed for eligibility under the new de minimis criteria.
• If eligible and once deemed to be complete (9VAC25-875-510), DEQ staff will issue an approval letter.

Important Notes:

• Applicants are still responsible for complying with the Virginia Erosion and Stormwater Management Regulation (VESM Regulation, 9VAC25-875 et seq.) and all other applicable regulatory requirements.
• This is not the same as Streamlined Plan Review. Different procedures apply (see Virginia Stormwater Management Handbook Section 4.3.1).
• The Construction General Permit (CGP) process remains unchanged — coverage and related documentation (e.g., nutrient credit affidavits) are still required.
• Special site conditions (e.g., relic mine features, karst, history of non-compliance) may disqualify a project from de minimis review. In those cases, DEQ staff will coordinate with management.

NEW MEMORANDUM: Streamlining Wetlands, Stream, and Reforestation Project Approvals

Virginia has long committed to restoring wetlands, streams, and forests to improve water quality, habitat, and Chesapeake Bay health. However, regulatory processes designed to manage development impacts have often slowed down voluntary restoration projects. This new DEQ memo removes unnecessary barriers and ensures that projects providing net ecological benefits can move forward more efficiently, while still maintaining regulatory integrity.

How does DEQ process these plans?

• Plans for wetlands/stream restoration or reforestation should not be submitted to DEQ for stormwater plan review.
• Instead, applicants can include this statement on the coversheet (signed/sealed by a PE):
  “This [Stream/Wetland Restoration/Reforestation] project improves water quality and quantity benefits and thus meets DEQ’s stormwater requirements. It is not required to be submitted to DEQ for review or approval.”
• Applicants will submit the coversheet and registration statement for Construction General Permit issuance to constructiongp@deq.virginia.gov.

REVISED MEMORANDUM: Agreement in Lieu of a Plan for Farm Buildings or Structures and Associated Impervious Surfaces

This memo originally issued on July 1, 2023 was revised and reissued to provide additionally clarity and expand on the definition of a ‘parcel’ in terms of how the 5% impervious area assumption applies where there are multiple contiguous parcels with a common owner. The form was also revised to accurately reflect information needed for DEQ to better process the Agreement in Lieu of a stormwater plan.  

Water Quality Design Criteria - UPDATE (July 1, 2025)

In the beginning of 2024, DEQ released the Virginia Runoff Reduction Method (VRRM) version 4.1 and GM24-2001-Virginia Stormwater Management Handbook (VSMH) to allow a year-long transition period for the design community and Virginia Erosion and Stormwater Management Program (VESMP) Authorities to adapt to the design changes. The year is up and the time has finally arrived! The Virginia Erosion and Stormwater Management Regulation (VESM Regulation) is effective as of July 1, 2025. These amendments are as follows:

• The Water quality design criteria requirements section amended the total phosphorus load of new development projects previously established to not exceed 0.41 pounds per acre per year will change to 0.26 pounds per acre per year. (9VAC25-875-580).
• The Water quality compliance section was amended to incorporate by reference the updated VRRM version 4.1 and GM24-2001 the VSMH.
• For the design community and the VESMP Authorities, this means any stormwater management plans submitted on or after July 1, 2025 will be required to use VRRM v 4.1 and the VSMH (GM24-2001). 
• 9 Guidance Documents are rescinded effective July 3, 2025.

Virginia Runoff Reduction Method (VRRM), Version 4.1 - UPDATE

DEQ recently identified and fixed two errors with the VRRM Version 4.1, New Development Spreadsheet. Click HERE to download the most up-to-date version of the VRRM 4.1 New Development Spreadsheet to ensure you are using the correct version and to view the summary of changes errata. No changes were made to the VRRM 4.1 Re-Development Spreadsheet  –  Visit the DEQ Website to for more information or contact April Rhodes at april.rhodes@deq.virginia.gov or 571-866-6091. 

Who Must Apply for Construction General Permit Coverage

Operators of construction activities resulting in land disturbance equal to or greater than one acre; or less than one acre and are part of a larger common plan of development or sale that ultimately disturbs one or more acres must apply for CGP coverage. Note that such activities require approvals from local government Erosion and Sediment Control Programs. State and federal projects require approvals from DEQ’s Erosion and Sediment Control Program.

A common plan of development or sale is a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules. CGP coverage is required if one acre or greater of land will be cumulatively disturbed, regardless of the size of the individually owned or developed sites. For example, if a developer buys a 20-acre lot and builds roads to build homes or other structures in the future, or if the land is parceled off or sold and construction occurs on plots that are less than an acre by separate independent builders, these activities would still be subject to obtaining CGP coverage. A larger common plan of development or sale applies to various types of land development including but not limited to residential, commercial, or industrial land use.

Single-Family Detached Residential Structures

The submission of a registration statement for the construction of a single-family detached residential structure associated with small construction activity within or outside a common plan of development or sale is not required. A registration statement is required for a large construction activity associated with the construction of a single-family detached residential structure within or outside a common plan of development or sale; however, DEQ's portion of the permit fee is waived. As single-family detached residential properties are transferred to new owners or operators within a common plan of development or sale, the new owner or operator is automatically authorized to discharge under the general permit provided that they comply with the terms and conditions of the general permit. Operators must comply with the terms and conditions of the CGP, including the preparation of a Stormwater Pollution Prevention Plan (SWPPP) for each new single-family detached residential structure. Please print and post the 2024 General VPDES Permit as the single-family home Coverage Letter and retain on site:

For permit coverage effective July 1, 2024 through June 30, 2029:

• 2024 General VPDES Permit for Discharges of Stormwater from Construction Activities
• Single-family Stormwater Pollution Prevention Plan Template (MS Word)
• Single-family Agreement in Lieu of a Stormwater Management Plan

Please note that single-family detached residential structures that disturb less than one acre of land and that are not part of a larger common plan of development or sale (e.g., subdivision); including additions or modifications to existing single-family detached residential structures, do not require coverage under the General Permit. However, localities subject to the provisions of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) may regulate these single-family residences where land disturbance is equal to or greater than 2,500 square feet.

Agreement in Lieu for Farm Buildings or Structures

Legislation enacted following the General Assembly’s 2023 session amended the Erosion and Sediment Control Law and Stormwater Management Act to add farm buildings or structures as buildings that are able to use an Agreement in Lieu of a Stormwater Management Plan.

Please review the Agreement in Lieu for Farm Buildings or Structures and Associated Impervious Surfaces memo (Revised), effective July 1, 2023, which explains DEQ’s implementation of the policy amendments in further detail, including which types of projects are applicable for this type of agreement. An Agreement in Lieu of a Stormwater Management Plan for Farm Building or Structure form is also available for your use and reference.

With the completed Agreement in Lieu of A Stormwater Management Plan, provide a completed Registration Statement and documentation (e.g., aerial image with annotations) that clearly depicts the below information to ConstructionGP@deq.virginia.gov:

1. The extent of the parcel of land on which construction of the farm building or structure will take place, and
2. The total impervious cover of the parcel of land, including the impervious cover from the farm building or structure that is being constructed. The total impervious percentage cover includes all impervious areas on the parcel of land, regardless of whether they are included within the agriculture activity exemption or not.

Land-Disturbing Activities where the Locality is the VESMP Authority

Many localities in Virginia administer a Virginia Erosion and Stormwater Management Program (VESMP). Under a local VESMP, stormwater management plans, CGP registration statements, notices of termination, permit modifications and transfer of ownership agreements must be submitted to the local VESMP authority where the land-disturbing activity occurs. Please contact your local VESMP authority for additional instructions on permit processing.

Land-Disturbing Activities Where DEQ is the VSMP Authority

DEQ administers CGP coverage for land-disturbing activities that are: within a locality that is not a VESMP authority; state or federal government projects; or projects utilizing approved Standards and Specifications.

When DEQ is the VSMP authority, stormwater management plans, CGP registration statements, notices of termination, permit modifications and transfer of ownership agreements are submitted to DEQ.

Refer to the Stormwater Plan Review webpage for information on how to submit a plan where DEQ is the VSMP or VESCP authority. 

For projects where DEQ is the VSMP authority, please do not submit your payment with your CGP application package. DEQ will email you an invoice you prior to coverage approval. The VAR10 Permit Fee Form includes fees based upon the disturbed acreage listed in submitted registration statements. Please ensure that you that you include an email address on your registration statement so that DEQ may email the invoice. The email provides instructions that allows you to pay by online by credit card as well as to pay by mail with a check or money order.

Construction General Permit Forms

• 2024 General VPDES Permit for Discharges of Stormwater from Construction Activities
• Registration Statement and instructions
• EPA Stormwater Pollution Prevention Plan (SWPPP) Template
• Fact Sheet
• Notice of Termination and instructions
• Engineer's Certification Statement
• BMP Maintenance Agreement
• Forest/Open Space Maintenance Agreement
• Transfer of Ownership Agreement
• Standards and Specifications Entity Information Form
• Withdrawal Form for Permit Registration and/or SWM/ESC Plan Review

ONLINE PAYMENT FOR ANNUAL FEE:  If you wish to pay online please click on the link below and follow the prompts. https://ipn2.paymentus.com/rotp/sdeq

DEQ provides training and certification (including for stormwater management and erosion and sediment control) to local and state government staff, consultants, and contractors. Courses and schedules can be found on our Training and Certification webpages.