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Charleston, WV Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

LDA threshold
5,000 sq ft disturbed area
Impervious threshold
1,000 sq ft new impervious surface
Plan required
Erosion & Sediment Control Plan (ESCP)
Review time
10 days after application
Minimum fine
$500 per day, violation

Summary

Charleston requires land-disturbance approval before issuing a building permit whenever grading or clearing disturbs 5,000+ square feet or adds 1,000+ square feet of impervious surface, backed by an approved erosion and sediment control plan.

Any person applying for a City of Charleston building permit that proposes a construction project involving LDA exceeding 5000 square feet, or an increase in impervious area by 1000 square feet or greater, is required to obtain approval for such LDA from the City Building Department and/or city engineer's office. Requests for approval shall be made at the time of application for a building permit; provided, however, that a building permit shall not be issued in the absence of prior approval of LDA.(b)Notwithstanding section 102-314(a) herein, approval for LDA shall not be required for the following activities:(1)Interior renovations;(2)Roof repair;(3)Building facade maintenance;(4)Milling and repaving of existing asphalt or concrete streets, parking lots, or sidewalks;(5)Maintenance of existing landscaping or gardens;(6)Cutting of trees and brush (provided the area remains vegetated and no grubbing of root system occurs); and(7)Maintenance of pervious sports fields such as replacement of the clay surface to baseball infields, turf plugging of golf fairways and greens. (Bill. No. 7656, 6-1-2015; Bill No. 7822, 7-1-2019)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).

Full Breakdown

Under Sec. 102-312, any construction project involving land-disturbing activity exceeding 5,000 square feet, or increasing impervious area by 1,000 square feet or more, needs LDA approval before the City Building Department or city engineer's office will issue a building permit (Sec. 102-314(a)). Applicants submit an Erosion and Sediment Control Plan meeting the city's Stormwater Management Guidance Manual; reviewers must approve, condition, or deny it in writing within ten days (Sec. 102-317), and compliance officers inspect grading, clearing, and stormwater work through project completion (Sec. 102-318).

Violations & Fines

Noncompliance draws a written notice and correction order; unresolved violations can trigger a stop-work order, permit revocation, injunctive relief, and a misdemeanor citation carrying a minimum $500-per-day fine (Secs. 102-319, 102-321, 102-322).

Frequently Asked Questions

Do I need a grading permit in Charleston, WV?
Yes: if land-disturbing work exceeds 5,000 sq ft or adds 1,000+ sq ft of impervious surface, you need LDA approval before your building permit can issue (Sec. 102-314(a)).
What happens if I grade without approval?
Compliance officers can issue a notice of noncompliance, order a stop-work, revoke the building permit, and refer the case for a criminal misdemeanor fine starting at $500 per day (Sec. 102-322).
Who reviews the erosion and sediment control plan?
The City Engineer's Office and/or City Building Department review the ESCP and must approve, condition, or deny it in writing within ten days (Sec. 102-317).

Sources & Official References

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