{"data":{"id":"us-va/9vac25-875-140","jurisdiction":"us-va","citation":"9VAC25-875-140","heading":"Inspections","body":"A. The VESMP authority shall inspect the land-disturbing activity during construction for:\n\n1. Compliance with the approved erosion and sediment control plan;\n\n2. Compliance with the approved stormwater management plan;\n\n3. Development, updating, and implementation of a pollution prevention plan; and\n\n4. Development and implementation of any additional control measures necessary to address a TMDL.\n\nB. The VESMP authority shall conduct periodic inspections on all projects during construction. The VESMP authority shall either:\n\n1. Provide for an inspection during or immediately following initial installation of erosion and sediment controls, at least once in every two-week period, within 48 hours following any runoff producing storm event, and at the completion of the project prior to the release of any performance bonds; or\n\n2. Establish an alternative inspection program that ensures compliance with the approved erosion and sediment control plan. Any alternative inspection program shall be:\n\na. Approved by the department prior to implementation;\n\nb. Established in writing;\n\nc. Based on a system of priorities that, at a minimum, address the amount of disturbed project area, site conditions, and stage of construction; and\n\nd. Documented by inspection records.\n\nC. The VESMP authority shall establish an inspection program that ensures that permanent stormwater management facilities are being adequately maintained as designed after completion of land-disturbing activities. Inspection programs shall:\n\n1. Be approved by the department;\n\n2. Ensure that each stormwater management facility is inspected by the VESMP authority or the VESMP authority's designee, not to include the owner, except as provided in subsections D and E of this section, at least once every five years; and\n\n3. Be documented by records.\n\nD. The VESMP authority may utilize the inspection reports of the owner of a stormwater management facility as part of an inspection program established in subsection C of this section if the inspection is conducted by a person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the code of Virginia; a person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or a person who holds an appropriate certificate of competence from the department.\n\nE. If a recorded instrument is not required pursuant to 9VAC25-875-130, a VESMP authority shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the VESMP authority.","path":["Title 9. Environment","Agency 25. State Water Control Board","Chapter 875. Virginia Erosion and Stormwater Management Regulation","Part II. Virginia Erosion and Stormwater Management Program","Article 3. Programs Operated by a VESMP Authority"],"source_url":"https://law.lis.virginia.gov/admincode/title9/agency25/chapter875/section140/","current_through":"2026 Regular Session (effective July 1, 2026)","vintage":"","retrieved_at":"2026-09-14T04:49:27Z","sha256":"f29cf79948977696630b3113c55ec351ed6795b6514284e02cdddfe348f71586","source_id":"us-va-vac","stale":false,"prev":"us-va/9vac25-875-130","next":"us-va/9vac25-875-150"},"notice":"GroundRules: Original legal text. Not legal advice."}