Virginia Stormwater Control Ordinance

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State:
Multi-State
Control #:
US-M-9595
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Word; 
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Description

This is a sample of Municipal Codes when dealing with an ordinance concerning storm water control. This may be used across the United States.
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FAQ

As a VSMP Authority, Loudoun County issues and administers permits for regulated land disturbing activities to ensure compliance with the regulations both during and after construction.

DEQ is the lead agency for developing and implementing the Commonwealth's statewide program to protect water quality and quantity from stormwater runoff. The agency issues permits, certifies land disturbances and offers compliance assistance.

"Virginia Erosion and Stormwater Management Program" or "VESMP" means a program established by a VESMP authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of ...

The common enemy rule allows the owner of lower property to take measures to prevent inundation by surface water, even if that involves throwing it back upon neighboring property so long as he does not do so wantonly, unnecessarily or carelessly.

Under the common law's common enemy doctrine, property owners were allowed to fight surface water as they choose without liability to adjoining property owners who might be flooded by their diversionary tactics.

The ?common enemy doctrine? recognizes the right to repel flood waters by obstructions merely defensive in nature but may not be invoked to justify an obstruction of or interference with the natural channel of the stream or a diversion of the flow of water in such channel.

' The common enemy rule states that each landowner has an unlimited right to fight surface water as he sees fit, without liability for the harm he may cause others! Pursuant to the rule of reasonable use, a landowner is liable when he interferes with the flow of surface water only if his actions are unreasonable.

In sum, the common enemy doctrine stands for the proposition that a landowner is largely permitted to take any action to rid their land of unwanted surface water ? subject to certain exceptions ? but in all instances, a landowner is required to use due care to minimize damage to neighboring parcels.

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Virginia Stormwater Control Ordinance