Albemarle County, VA Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger
- Any land-disturbing activity in the county
- Plan required
- Erosion and sediment control plan, § 17-402
- Civil penalty
- Up to $32,500 per violation
- Small-project fee
- $235, under 1 acre disturbed
- Large-project fee
- $7,835, 100+ acres disturbed
- Enforcing office
- County VESMP administrator
Summary
Before any land-disturbing activity in Albemarle County outside Charlottesville and Scottsville, owners must get an erosion and sediment control plan approved under County Code § 17-402, covering temporary and permanent controls, maintenance duties, and a certified responsible land disturber, or face a civil penalty of up to $32,500 per violation under § 17-904.
Any owner whose proposed land-disturbing activity is subject to this chapter must submit a soil erosion and sediment control plan for review that includes the following, in the form required by the administrator: ... an erosion and sediment control plan that contains all of the following elements:1.Temporary and permanent controls. The specifications for temporary and permanent controls of soil erosion and sedimentation in such detail as the administrator deems to be reasonably adequate, considering the nature and extent of the proposed land-disturbing activity, implementing appropriate erosion and sediment control best management practices and satisfying the requirements of 9VAC25-880-70, Part II(A)(2). All control measures required by the plan must be designed and installed in accordance with good engineering practices. ... Any violation is subject to a civil penalty of up to $32,500.00 for each violation, in the discretion of the court.
Full Breakdown
Albemarle County administers erosion and sediment control through its Virginia Erosion and Stormwater Management Program (VESMP) in County Code Chapter 17, adopted under the Virginia Erosion and Stormwater Management Act. Section 17-402 requires any owner proposing a land-disturbing activity subject to the chapter to submit a soil erosion and sediment control plan for review before work begins. 15:30, and carry the owner's certification that the approved plan will be followed. For a single-family dwelling on one acre or less that is not part of a larger common plan of development, the administrator may accept a simpler agreement in lieu of a full plan, provided the project is not diverting or disturbing a stream channel and is accompanied by a Critical Resources Plan.
Plan review and land-disturbance permit fees, set in the Chapter 1 fee schedule, range from $235 for a small project disturbing less than an acre up to $7,835 for large construction disturbing 100 acres or more, plus separate transfer, modification, and annual maintenance charges. If the administrator finds a plan requirement violated, the County can revoke the permit, issue a stop-work order, and pursue civil penalties of up to $32,500 per violation, with each day of violation a separate offense, under § 17-904.
Violations & Fines
Failing to get an approved erosion and sediment control plan, or violating one already approved, exposes an owner to a civil penalty of up to $32,500 for each violation, with each day of continued violation a separate offense, and the money goes into a County fund for stormwater capital projects (§ 17-904). The administrator can also revoke the land-disturbance permit and issue a stop-work order, and the County may seek criminal penalties under Virginia Code § 62.1-44.32.
Frequently Asked Questions
Do I need a permit to disturb land in Albemarle County?
What must an Albemarle County erosion and sediment control plan include?
What is the penalty for skipping erosion control requirements in Albemarle County?
Sources & Official References
Other rules in Albemarle County
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