Section 50. Preparation and submission of a program

A. Local governments must adopt a local program as defined in this section, including any revisions to comprehensive plans, water supply plans, water and sewer plans, and other local authorities necessary to implement this chapter. A local public hearing consistent with § 15.2-1427 of the Code of Virginia is required during the development of the local program. The public hearing may be combined with other public hearings that may be required.

B. All local governments shall submit a local program to the department in accordance with the following schedule:

1. Local governments with populations in excess of 35,000 persons based on the most recent U.S. Census shall do so no later than November 2, 2008.

2. Local governments with populations in excess of 15,000 persons but no more than 35,000 persons based on the most recent U.S. Census shall do so no later than November 2, 2009.

3. Local governments with populations less than or equal to 15,000 persons based on the most recent U.S. Census shall do so no later than November 2, 2010.

4. Notwithstanding the above, local governments may elect to participate in the submittal of regional water supply plans. By November 2, 2008, local governments participating in a regional plan shall provide notice to the department of the intent to participate in a regional plan and shall include the names of the other participating localities. Such regional plans shall be submitted no later than November 2, 2011.

Nothing in this section shall be construed as limiting the submittal of local or regional water supply plans before the date when such plans are due.

C. Local programs shall contain the elements listed below. This information may be derived from existing, readily available information and additional detailed studies shall not be required.

1. A description of existing water sources in accordance with the requirements of 9VAC25-780-70;

2. A description of existing water use in accordance with the requirements of 9VAC25-780-80;

3. A description of existing water resource conditions in accordance with the requirements of 9VAC25-780-90;

4. An assessment of projected water demand in accordance with the requirements of 9VAC25-780-100;

5. A description of water management actions in accordance with the requirements of 9VAC25-780-110 and 9VAC25-780-120;

6. A statement of need in accordance with the requirements of 9VAC25-780-130;

7. An alternatives analysis that identifies potential alternatives to address projected deficits in water supplies in accordance with the requirements of 9VAC25-780-130;

8. A map or maps identifying important elements of the program that may include existing environmental resources, existing water sources, significant existing water uses, and proposed new sources;

9. A copy of the adopted program documents including any local plans or ordinances or amendments that incorporate the local program elements required by this chapter;

10. A resolution approving the plan from each local government that is party to the plan; and

11. A record of the local public hearing, a copy of all written comments and the submitter's response to all written comments received.

D. All local programs shall be reviewed no later than five years after a compliance determination by the board in accordance with 9VAC25-780-140 F. Revised plans shall be submitted when this review indicates that circumstances have changed or new information has been made available that will result in water demands that will not be met by alternatives contained in the water plan. These circumstances may be caused by changes in demands, the availability of the anticipated source, cumulative impacts, in-stream beneficial uses, or other factors. In the case where the review by the local government or regional planning unit indicates that the circumstances have not changed sufficiently to warrant a revision of the water plan after five years, the locality shall notify the department that the existing plan is still in effect.

E. Notwithstanding subsection D of this section, all local programs shall be reviewed, revised and resubmitted to the department every 10 years after the date of last approval.

Historical Notes

Derived from Volume 22, Issue 02, eff. November 2, 2005; Errata, 22:4 VA.R. 660 October 31, 2005.

Statutory Authority

§§ 62.1-44.15 and 62.1-44.38:1 of the Code of Virginia.