A Stormwater Ordinance Determination (SWOD) can be requested to determine if a proposed project meets the Erosion and Stormwater Management Ordinance (ESMO) criteria for time limits on applicability of approved design criteria (“Time Limits”) pursuant to § 124.1-2-3 or Legacy Land Disturbing Activity of § 124.1-2-2. The time limits and legacy land disturbing provisions in the ESMO allow certain plans, in limited situations, to be designed to the old technical criteria, as specified in the Virginia Stormwater Regulations. The SWOD requests allow for determination of the project’s Time Limits or Legacy Land Disturbing Activity status in advance of formal plan submission; however, in lieu of a separate determination request, applicants may elect to include the determination request in the plan or as an attachment to a plan submission.

This information is the most common for how to obtain the necessary approval for your project and is not representative of all the conditions you may encounter.

 

WHO SHOULD APPLY?

Property owners or their duly authorized agents may submit a stormwater ordinance determination request.

• Verify License on DPOR Website
• Hiring a Contractor

 

PLAN AHEAD

Before submitting, ensure you are aware of all applicable regulations and conditions that could affect your project to avoid surprises during the review process. Some of those factors include:

• Zoning Information
• Design Codes and Standards
• Do I Need to Hire a Design Professional?
• Floodplains
• Resource Protection Areas (RPA)
• Grading/Site Plans
• Parking Tabulation
• Types of Soils and Problem Soils
• Researching Site Conditions

To get a detailed description about each regulation and condition, visit our Plan Ahead page.

 

HOW DO I SUBMIT MY RECORD?

PLUS Application

Apply for your stormwater ordinance determination online in PLUS under the Site tab. If you are a first-time user, you must first register for an account.

 

Tutorial on Uploading Plans and Documents in PLUS

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Requirements

SWOD requirements are outlined in detail in Tech Bulletin 14-06. In summary, and depending on the scope of your project, one or more of the following may be required:

• A request letter:
  • Applicant name, address and contact information
  • Citation of the specific provision of the ordinance forming the basis of the request
  • Description of the project, including name, location, tax map number, county plan number, date of approval, and details of the development, such as size and scope
  • Statement of justification, including a narrative demonstrating compliance with all the criteria of the applicable ordinance provision
• Supporting documentation and information as needed, based on the applicable provision. For time limit determinations, documentation of continuous coverage under the VPDES Construction General Permit must be provided. This includes initial issuance prior to July 1, 2014, as well as reissuance under the 2014 and 2019 permits.
• Waiver/Modification/Exception Application Form

 

 

What's Next?

To get a step-by-step guide on PLUS statuses and what they mean, see our What is My PLUS Status? Site Plans Infographic.

 

Review Process

Staff from the Site Application Center and Site Development and Inspections Division will review your package for completeness and compliance with applicable codes and county ordinances. You will be notified of any deficiencies. Supporting documents may be required.

• Queue Times
• Fees
• Workflow Routing Slip to track review and plan assignment

For a detailed summary of application progress, to include the name(s) of assigned review staff, click on “Reports” in the top-right corner of the PLUS screen, when you are in a specific record, and select “Workflow Routing Slip Report.”

Plan and Permit Issuance

Once all reviews are approved, your stormwater ordinance determination will be available to download from PLUS.

Helpful Video:

 Approved Plans - YouTube Video