Last Updated 07/23/2026
Stormwater Management Ordinance
Chapter 16.2 - STORMWATER DISCHARGES
Sec. 16.2-5. Inspections and monitoring.
(a) The city’s director of water resources, or his/her designee, shall have authority to carry out all inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with the provisions of this chapter, including the prohibition of illicit discharges to the city’s municipal separate storm sewer system (“MS4”). The city’s director of water resources, or his/her designee, may monitor stormwater outfalls or other components of the municipal separate storm sewer system (“MS4”) as may be appropriate in the administration and enforcement of this chapter.
(b) The city’s director of water resources, or his/her designee, shall have the authority to prohibit any discharges that cause or may cause a violation of the MS4 permit.
(c) The city’s director of water resources, or his/her designee, shall have the authority to enter into private property to conduct investigations relative to this chapter. No inspection shall be conducted without the consent of the tenant, occupant, property owner or the owner’s representative or pursuant to a duly issued administrative inspection warrant or as authorized by other lawful means.
Sec. 16.2-6. - Good housekeeping requirements.
The following good housekeeping requirements shall be adhered to by all persons in the city:
(a) The uncovered outdoor storage of unsealed containers containing hazardous substances or waste material is prohibited.
(b) Unless otherwise approved, objects such as vehicle motor parts containing grease, oil, or other hazardous materials, shall not be stored in such a manner as to cause leaks, spills, or discharges into the city’s municipal separate storm sewer system (“MS4”) or stormwater management facilities owned by the city.
(c) Unless otherwise approved, work on any machine that is to be repaired or maintained in an uncovered outdoor area shall be performed in such a manner as to prevent leaks, spills, or discharges into the city’s municipal separate storm sewer system or stormwater management facilities owned by the city.
(d) Fuel and chemical residue or other types of potentially harmful material, garbage, or batteries, which are located in an area susceptible to runoff, shall be removed immediately and disposed at a hazardous waste collection site.
Sec. 16.2-8. - Violations and penalties.
(a) A willful violation of the provisions of this chapter shall constitute a Class 1 misdemeanor. Each day that a continuing violation of this chapter is maintained or permitted to remain shall constitute a separate offense.
(b) Any person who commits any act prohibited by this chapter shall be liable to the city for all costs of detecting, tracing, testing, containment, cleanup, abatement, removal, and disposal of any substance unlawfully discharged into the city’s municipal separate storm sewer system (“MS4”).
(c) Any person who commits any act prohibited by this chapter shall be subject to a civil penalty in an amount not to exceed $1,000.00 for each day that a violation exists. The city may issue a summons for the collection of the civil penalty and the action may be prosecuted in the local courts. Any civil penalties assessed by a court as a result of a summons issued by the city shall be paid into the treasury of the city for the purpose of abating, preventing or mitigating environmental pollution.
(d) The city may bring legal action to enjoin the continuing violation of and to ensure compliance with the provisions of this chapter, including injunction, abatement or other appropriate action or proceeding. The existence of any other remedy, at law or in equity, shall be no defense to any such action.
(e) The city’s director of water resources, or his/her designee, shall have authority to order that any activity found to be in violation of this chapter be stopped or conducted in such a manner as to avoid the discharge of any illicit materials into the city’s municipal separate storm sewer system (“MS4”).
(f) Any discharge caused or permitted to exist in violation of any provisions of this chapter constitutes a threat to the public health, safety and welfare, and is hereby declared and deemed a public nuisance. Following receipt of written notice of such nuisance from those authorized to enforce this section, if the responsible person fails to abate or obviate such nuisance, then the city may do so and charge and collect the cost thereof from the responsible person, in any manner provided by law (including any manner provided for the collection of unpaid local taxes).
(g) The remedies set forth in this chapter shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted.
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Frequently Asked Questions
What is stormwater compliance in the City of Lynchburg?
Stormwater compliance in Lynchburg means following the City’s Stormwater Management Ordinance, which establishes minimum requirements for controlling the quantity and quality of runoff from development sites. The City is the permitting authority for all land-disturbing activities and will only issue construction permits to projects with an approved stormwater management plan. Once construction is complete, property owners are responsible for maintaining all on-site stormwater control facilities and open space areas required by that plan. The City operates under the NPDES program and can inspect properties and issue a Notice of Violation for any deficiency found on site.
Who is responsible for stormwater maintenance in Lynchburg?
A maintenance agreement between the City and the property owner must be submitted and recorded before the stormwater management plan can be approved. Responsibility for operating and maintaining the stormwater management facility runs with the land and passes to any successor owner. If a property is sold in portions, legally binding arrangements must be made to assign maintenance responsibility to each parcel’s new owner.
If the facility falls into disrepair or becomes a danger to public safety or health, the City will notify the responsible person in writing and allow a reasonable period to take action. If they do not, the City can perform the work itself and recover all costs, including interest, as a lien on the property with the same priority as unpaid taxes. AQUALIS can manage your maintenance obligations and keep your records current.
What are Lynchburg's annual inspection and reporting requirements?
Lynchburg has some of the most specific annual reporting requirements of any Virginia municipality. Property owners with stormwater management facilities must meet all of the following deadlines each year.
Annual inspection. The facility must be inspected by a qualified inspector within two months before the end of each calendar year.
Annual inspection report due by end of calendar year. A written report must be filed with the City’s stormwater administrator. The report must include the property address, owner name, inspection date, inspector name and qualifications, a description of any deficiencies found, and any maintenance needed to bring the facility into compliance.
Supplementary remediation report due within three months of the inspection. If the annual report identifies any deficiencies, a follow-up report describing the remediation efforts taken must be filed within three months of the original inspection date.
Additional inspection after major storms. If a storm causes the capacity of the facility to be exceeded, a separate inspection is required and must be filed within five working days.
AQUALIS can conduct your annual inspection, prepare both required reports, and submit them on your behalf.
Can stormwater fees be reduced in Lynchburg?
Yes. Lynchburg offers stormwater fee credits to both residential and non-residential property owners who implement stormwater Best Management Practices that improve water quality and reduce the quantity of runoff. This is one of the few Virginia municipalities reviewed where the credit program is explicitly open to residential as well as commercial properties.
The City publishes a Stormwater Credit Program with specific qualifying practices. AQUALIS can review your property’s existing stormwater features, help you identify what may qualify, and assist with the application process. Maintaining your BMPs in good working condition is typically required to keep credits active.
What are the penalties for stormwater violations in Lynchburg?
Lynchburg’s ordinance contains two separate penalty structures depending on the type of violation.
For stormwater management plan and BMP violations, Virginia state law sets the civil penalty ceiling at up to $32,500 per violation. Each day of continued violation is a separate offense. Violations subject to this penalty include failing to obtain a state permit registration, having no or incomplete SWPPP, failing to install or properly maintain BMPs, and missing or incomplete inspections.
For illicit discharge violations, Lynchburg’s ordinance sets a separate civil penalty of up to $1,000 per day per violation. Willful illicit discharge violations also constitute a Class 1 misdemeanor, with each day of continued violation treated as a separate offense. Anyone who commits a prohibited illicit discharge is also liable to the City for all costs of detecting, tracing, testing, containment, cleanup, removal, and disposal.
In addition to civil penalties, the City can seek injunctive relief, require that prohibited activities be stopped immediately, and recover any costs of abatement directly from the responsible party.
How do I know if my Lynchburg stormwater system is at risk of failure or safety violation?
Watch for these warning signs.
Annual inspection report not filed by end of calendar year. This is a hard annual deadline with specific content requirements. If you missed a filing cycle or are unsure whether your report was accepted, that is an active compliance gap.
Deficiencies identified but remediation report not filed within three months. Finding a deficiency in your annual report does not by itself create a violation, but failing to file the remediation follow-up report within three months does.
Water is not draining after rain. Standing water more than 72 hours after a storm, or water remaining after a storm that exceeded your facility’s design capacity, triggers an additional inspection and five working day reporting obligation.
Visible maintenance issues. Sediment buildup, accumulation of trash or debris, oil or grease in the facility, deteriorated filter media, overgrown brush on embankments, or damage to dam structures, spillways, or fencing are all specifically listed in the ordinance as maintenance obligations that must be addressed.
No maintenance agreement on file. Every stormwater management facility in Lynchburg requires a recorded maintenance agreement. If you cannot locate yours, that gap needs to be resolved. AQUALIS can assess the condition of your facility and help ensure your annual reporting obligations are current.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
