9 Va. Admin. Code § 25-875-490

Current through Register Vol. 41, No. 9, December 16, 2024

Section 9VAC25-875-490 - Grandfathering

A. Locality, state, and federal projects shall be considered grandfathered by the VESMP authority and shall be subject to the technical criteria of Article 4 (9VAC25-875-670 et seq.) of this part, provided:

1. There has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012;

2. A permit has not been issued prior to July 1, 2014; and

3. Land disturbance did not commence prior to July 1, 2014.

B. In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Article 4 of this part.

C. Nothing in this section shall preclude an operator from constructing to a more stringent standard at the operator's discretion.

9 Va. Admin. Code § 25-875-490

Derived from Virginia Register Volume 40, Issue 8, eff. 7/1/2024; Amended, Virginia Register Volume 41, Issue 04, eff. 11/21/2024.

Statutory Authority: §§ 62.1-44.15:28 and 62.1-44.52 of the Code of Virginia.