§ 6-4. Local Erosion and Sediment Control Program.

In accordance with Section 62.1-44.15:52 of the Code of Virginia (1950, as amended), stream restoration and relocation projects that incorporate natural channel design concepts are not manmade channels and shall be exempt from any flow rate capacity and velocity requirements for natural or manmade channels.

Inasmuch as the local erosion and sediment control program for Isle of Wight County was adopted prior to July 1, 2014, and pursuant to Section 62.1-44.15:52 of the Code of Virginia (1950, as amended), any land-disturbing activity that provides for stormwater management intended to address any flow rate capacity and velocity requirements for natural or manmade channels shall satisfy the flow rate capacity and velocity requirements for natural or manmade channels if the practices are designed to (i) detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5-year, two-year, and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or manmade channels as defined in regulations promulgated pursuant to Sections 62.1-44.15:54 or 62.1-44.15:65 of the Code of Virginia (1950, as amended).

Pursuant to Section 62.1-44.15:54 of the Code of Virginia (1950, as amended), the Isle of Wight County Board of Supervisors hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the board for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in, but not limited to, the "Virginia Erosion and Sediment Control Regulations" and the Virginia Erosion and Sediment Control Handbook, as amended.

Before adopting or revising regulations, the county board of supervisors shall give due notice and conduct a public hearing on the proposed or revised regulations.

Pursuant to Section 62.1-44.15:53 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The Erosion Control Program of Isle of Wight County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person, or an individual or consulting firm under contract with the county.

The Isle of Wight County Board of Supervisors hereby designates the utilities services department as the plan-approving authority under the direction of the administrator. The program and regulations provided for in this chapter shall be made available for public inspection in the utility services department. (4-19-07; 11-11-08; 4-21-16.)