Recent changes to the Virginia Stormwater Management Program (VSMP) Regulations § 9VAC25-870-65.D.1. impact the use of certain proprietary Best Management Practices (BMPs).

The Virginia Department of Environmental Quality (DEQ) issued new technical guidance on Sept. 15, 2021, regarding proprietary BMPs. The new guidance requires manufacturers of proprietary stormwater BMPs to provide documentation to DEQ if their BMP was listed on the BMP Clearinghouse website prior to July 1, 2020. The documentation must show that another state, regional or national certification program has verified and certified its nutrient or sediment removal effectiveness to continue to be approved by DEQ. DEQ has updated the list on the Virginia Stormwater BMP Clearinghouse to show which BMPs meet or do not meet the new requirement.

To ensure compliance with DEQ guidance, Land Development Services will process stormwater management plans submitted as part of any site, subdivision or grading plan as follows:  

• Plans submitted on or after Jan. 1, 2022, may only include proprietary BMPs shown as approved on the Virginia Stormwater BMP Clearinghouse website.
• Plans submitted before Jan. 1, 2022, that include a complete stormwater management plan using a prior-approved proprietary BMP may be resubmitted until Dec. 31, 2022. 
• Plans not incorporating proprietary BMP remain unaffected by this change.

The list of Manufactured Treatment Devices Approved for Use in Fairfax County has been updated to clarify those proprietary BMPs that meet the new requirement and have been approved by the Land Development Services Director for use in Fairfax County in accordance with Public Facilities Manual § 6-0402.3B. If you have questions, please email Matthew Hansen, Department of Land Development Services, Site Development and Inspections Division or call 703-324-1720, TTY 711.

For additional guidance, see the DEQ’s Technical Guidance Memo No. GM21-2006.