Subject:
Title
Consider Amendment to the Erosion Control and Stormwater Management Ordinance
Body
Presented By: Matthew Huston, Community Development
Recommendation and Review
City Council enacted the current Erosion Control and Stormwater Management Ordinance on August 27, 2024. That ordinance allows a duplex residential structure to be regulated the same as a single-family detached residential structure in how they could comply with the Virginia Erosion and Stormwater Management Act (VESMA) through an “agreement in lieu of a plan.” On March 13, 2025, the Virginia Department of Environmental Quality (DEQ) wrote a letter to the City with a finding that reference to duplex residential structures in the definition of “Agreement in lieu of a plan” in the City’s Ordinance is inconsistent with § 62.1-44.15:33 of the Code of Virginia and 9VAC25-875-20 of the Virginia Administrative Code. Staff are recommending an ordinance amendment that strikes the reference to duplex residential structures from Ordinance Section 10-4-2.