Arlington County, VA Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger
- 2,500+ sq ft of land disturbance (LDA Permit)
- Enforcing agency
- DES Director, acting as Chapter 60 Administrator
- Plan review timeline
- 15 days completeness check, 60 days to decide
- Civil penalty
- Up to $32,500 per violation, per day
- Misdemeanor penalty
- Up to 12 months jail, $2,500-$32,500 fine
- Felony penalty
- 1-3 years prison, $5,000-$50,000 fine
- Common exemption
- Disturbances under 2,500 sq ft (not part of larger plan)
Summary
Any land-disturbing activity of 2,500 square feet or more in Arlington County needs an LDA Permit and an approved Erosion and Sediment Control Plan before work begins. The Department of Environmental Services Director, acting as Administrator under Code Chapter 60, reviews plans, requires a certified Responsible Land Disturber on site, and can fine violators up to $32,500 per day or refer willful violations for criminal prosecution.
A. Except as provided herein, no person may engage in any land-disturbing activity, including Chesapeake Bay Preservation Act land-disturbing activities, until the Administrator has issued an LDA Permit. ... D. Notwithstanding any other provisions of this chapter, the following activities are exempt from the requirement to obtain an LDA Permit, unless otherwise required by federal law: (1) Land-disturbing activities that disturb less than 2,500 square feet of land area, except for land-disturbing activities that are part of a larger common plan of development or sale that is one acre or greater... An erosion and sediment control plan, shall be filed for a development and the buildings constructed within, regardless of the phasing of construction.
Full Breakdown
Arlington County Code Chapter 60, adopted under the Virginia Erosion and Stormwater Management Act (Va. ) and Va. 2-2122, requires an LDA Permit before any land-disturbing activity begins, per § 60-6(A). No building or other local permit may issue until the LDA Permit is granted, except where a stormwater plan is not yet required or the project is exempt. Section 60-6(D) lists twelve exemptions from the permit itself, including disturbances under 2,500 square feet (unless part of a common plan of development of one acre or more), installation of fence or sign posts and utility poles, repair of underground utility lines confined to an existing hard-surfaced road, septic tank repairs not tied to new construction, and emergency work to protect life or property.
Where a permit is required, § 60-9 requires an Erosion and Sediment Control Plan consistent with 9VAC25-875-560, naming a certificate-holding Responsible Land Disturber who will run the job; that certificate can be waived for a single-family home built under an Agreement in Lieu of a Plan, but if a violation occurs the owner must still name a certified individual. All erosion and sediment control structures must be maintained, inspected, and repaired to keep working as designed, with maintenance responsibilities spelled out in the approved plan.
The Administrator has 15 days to determine a submitted plan is complete and 60 days from that point to approve or deny it in writing, per § 60-7(A). Once issued, the Administrator can inspect the site, issue notices to comply, and stop work orders for noncompliance, and may issue an emergency stop-work order without advance notice where erosion is imminently threatening waters of the Commonwealth.
Violations & Fines
Disturbing 2,500 square feet or more without an approved plan draws a civil penalty of up to $32,500 per violation under § 60-18(E), with each day of noncompliance a separate offense; proceeds fund the County's stormwater capital projects. A willful or negligent violation is a misdemeanor: up to 12 months in jail and a fine of $2,500 to $32,500. Knowing violations, including false permit statements, are a felony punishable by one to three years in prison and fines of $5,000 to $50,000, with a $10,000 minimum for corporate defendants.
Frequently Asked Questions
Do I need a permit to build a fence in Arlington County?
What size project needs an LDA Permit in Arlington County?
What happens if I skip the plan and start digging anyway?
Does a single-family home builder need a certified Responsible Land Disturber?
Sources & Official References
Other rules in Arlington County
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