§ 153.03 STORMWATER PERMIT REQUIREMENT; EXEMPTIONS.
   (A)   Except as provided herein, no person may engage in any land disturbing activity until a VSMP authority permit has been issued by the Administrator in accordance with the provisions of this chapter.
   (B)   A Chesapeake Bay Preservation Act land disturbing activity shall be subject to an erosion and sediment control plan consistent with the requirements of the Chapter 152 of this code, a stormwater management plan as outlined under § 153.06, the technical criteria and administrative requirements for land disturbing activities outlined in § 153.09, and the requirements for control measures long-term maintenance outlined under § 153.10.
   (C)   Notwithstanding any other provisions of this chapter, the following activities are exempt, unless otherwise required by federal law:
      (1)   Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of VA Code Title 45.1;
      (2)   Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the State Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip
cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of VA Code Title 10.1, Chapter 11 (§§ 10.1-1170 et seq.) or is converted to bona fide agricultural or improved pasture use as described in VA Code Title 10.1, Chapter 11, Article 9, §§ 10.1-1170 et seq.;
      (3)   Single-family residences separately built and disturbing less than 2,500 square feet and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures;
      (4)   Land disturbing activities that disturb less than 2,500 square feet of land area, or activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance;
      (5)   Discharges to a sanitary sewer or a combined sewer system;
      (6)   Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use;
      (7)   Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this division (C)(7); and
      (8)   Conducting land disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the Administrator shall be advised of the disturbance within seven days of commencing the land disturbing activity and compliance with the administrative requirements of division (A) above is required within 30 days of commencing the land disturbing activity.
   (D)   When land disturbing activity results from the construction of a single-family residence, an agreement in lieu of a stormwater management plan may be substituted for a stormwater management plan if approved by the Program Administrator. Failure to comply with the terms of an agreement in lieu of a stormwater management plan shall constitute a violation of this chapter which may be enforced pursuant to § 153.14 herein.
(1998 Code, § 18-53) Penalty, see § 153.99