Chesapeake Bay by the Book: What ESC and SWPPP Really Protect

In the Commonwealth of Virginia, environmental compliance in construction is not a symbolic gesture — it is a legal obligation. Among the most critical regulatory instruments governing land disturbance are erosion and sediment control (ESC) plans and stormwater pollution prevention plans (SWPPPs). These protocols form the operational foundation for safeguarding the Chesapeake Bay, a nationally protected watershed subject to overlapping federal, state, and local regulations.

Within this framework, construction activities in the Chesapeake Bay watershed must comply with statutory requirements set forth under the Chesapeake Bay Preservation Act, the Virginia Erosion and Sediment Control Law, the Virginia Stormwater Management Act, and the Virginia Stormwater Management Program (VSMP). These laws establish mandatory practices for minimizing runoff, controlling sediment transport, and ensuring pollutants do not enter navigable waters, wetlands, or environmentally sensitive receiving channels. Noncompliance may result in formal enforcement actions, civil penalties, stop-work orders, or permit revocation — reflecting the seriousness with which the Commonwealth enforces its environmental code.

ESC and SWPPP best practices are designed to address risk proactively at the site level. These include early stabilization of disturbed areas, phased clearing and grading operations to minimize exposed soils, preservation of vegetated buffers, and strategic installation of structural controls such as diversion dikes, sediment traps, inlet protection, and compost filter socks. Site-specific SWPPP documentation must outline pollution prevention strategies, delineate responsible parties, and provide inspection and maintenance schedules — all conforming to approved design standards and rainfall frequency data as required under the US EPA’s NPDES permitting system.

Eric S. Cavallo, Founder and President of Earthly Infrastructure® Building and Infrastructure Development Inc., has made regulatory compliance a cornerstone of his professional and public service agenda. A licensed Commercial Building Contractor in Virginia, Mr. Cavallo is an active member of the International Code Council (ICC) and currently serves on the City of Virginia Beach Board of Zoning Appeals, where he helps interpret land use decisions with environmental and code-based implications. In 2024, he was appointed to the Department of Housing and Community Development (DHCD) Stakeholder Advisory Committee on building code reform, where he contributes to the Commonwealth’s deliberations on construction safety, site planning, and code modernization.

Through these roles, Mr. Cavallo has continually advocated for stronger industry adherence to ESC and SWPPP obligations — not only as technical requirements, but as enforceable ethical standards that shape the long-term health of the Chesapeake Bay. He is currently seeking further appointments to Virginia’s regulatory boards and policy committees where his background in construction law, environmental compliance, and code enforcement can support the Commonwealth’s mission to uphold lawful development across sensitive watersheds.

The Chesapeake Bay is more than a scenic asset. It is one of the most complex and monitored estuarine systems in the United States — and the subject of comprehensive protections that require full cooperation from the building industry. At a time when unchecked runoff and overdevelopment continue to threaten water quality, those charged with constructing Virginia’s future must embrace the tools that exist to protect it. ESC and SWPPP plans are not just regulatory artifacts. They are the technical and legal embodiment of responsible building — and for those who work in proximity to the Bay, compliance is not a suggestion. It is a duty.

Code Meets Context: Virginia’s Deliberation on Single-Stair Exit Design

Across Virginia and beyond, the relationship between housing affordability, code reform, and construction safety is evolving. One of the most consequential—and technical—questions under review today is whether certain multi-family residential buildings should be permitted to use a single stairwell for means of egress.

This question is now before Virginia’s Department of Housing and Community Development (DHCD) as part of the state’s formal implementation process for Senate Bill 195 (SB195), which calls for evaluation of single-stair R-2 occupancy structures. The Stakeholder Advisory Committee, reconvening June 24, 2025, was established to assess whether such a design could be safely, lawfully, and effectively incorporated into the Uniform Statewide Building Code (USBC).

Eric S. Cavallo, founder and president of Earthly Infrastructure® Building and Infrastructure Development Inc., was appointed to the DHCD advisory committee in Fall 2024. He serves in a personal capacity, drawing on his background as a Virginia-licensed Commercial Building Contractor, member of the International Code Council (ICC), and sitting board member on the Virginia Beach Board of Zoning Appeals.

The committee’s legislative sponsor and policy lead is Senator Schuyler VanValkenburg, whose commitment to housing innovation and public safety helped bring this issue forward through the 2024 General Assembly. His continued involvement ensures that technical expertise and legislative intent remain aligned as the advisory group works toward a proposed code update.

“It is an honor to represent Virginia’s licensed contractors at this table,” said Cavallo. “As we explore design alternatives, we must maintain a clear view of our legal and ethical responsibility to protect life safety through enforceable, code-compliant solutions.”

Proponents of single-stair buildings cite cost savings, spatial efficiency, and architectural flexibility—particularly in constrained infill lots. However, challenges remain, including travel distance limitations, vertical egress concerns, and fire department access protocols. The discussion now underway must account for both the design benefits and the life-safety risks associated with this building typology.

Earthly Infrastructure® is not a participant on the advisory committee as a company, but we fully support our founder’s role in contributing to this process. Our firm operates with a core commitment to lawful construction, code accountability, and regulatory transparency. Any reform to the USBC must be guided by measurable outcomes, not marketing narratives.

The next phase of this code evaluation begins June 24. As Virginia shapes the future of its building standards, we are proud to be part of a professional community that understands: progress is not the absence of regulation—it is the presence of responsibility.