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Charlottesville, VA Environmental Rules: Erosion Control (2026)

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

Key Facts

Plan required
Erosion and sediment control plan, § 10-31
Lot-splitting closed
Cumulative 6,000 sq ft counts development-wide
Certified supervisor required
Named responsible land disturber
Stabilization deadline
14 days after work stops
Civil penalty
Up to $32,500 per violation

Summary

Charlottesville, Virginia requires an erosion and sediment control plan for any covered development before construction, and it counts every lot in a residential subdivision toward the 6,000-square-foot trigger so builders cannot dodge the rule by splitting a project into small lots.

(a)An erosion and sediment control plan, which is a component of the ESM plan, shall be filed for a development and the buildings constructed within, regardless of the phasing of construction. The erosion and sediment control plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives in 9VAC25-875-560. ... (d)Land-disturbing activity of less than six thousand (6,000) square feet on individual lots in a residential development shall not be considered exempt from the provisions of the VESMA if the total land-disturbing activity in the development is equal to or greater than six thousand (6,000) square feet.

Full Breakdown

City Code § 10-31 requires an erosion and sediment control plan, filed as part of the ESM plan, for a development and the buildings within it regardless of construction phasing. The plan must show the major conservation decisions needed to meet the state's conservation objectives at 9VAC25-875-560, and it can include site maps, a soil and water inventory, and a record of the decisions behind the design. Where a residential development is being built out by different property owners on separate lots, § 10-31(c) requires each lot's land-disturbing activity to be covered by the plan or by a signed agreement in lieu of a plan.

Section 10-31(d) closes the obvious loophole: an individual lot disturbing less than 6,000 square feet does not become exempt from the Virginia Erosion and Stormwater Management Act (VESMA) if the whole development's total disturbance is 6,000 square feet or more. The person carrying out the plan must give the city the name of an individual holding a Virginia responsible land disturber (RLD) certificate under § 10-25(b)(2); failing to identify that certified individual before work starts can lead to revocation of the land-disturbance approval. The stormwater pollution prevention plan required alongside it, under § 10-28, must control runoff volume and velocity, minimize exposed soil and steep-slope disturbance, and start stabilizing any area where work has stopped for 14 days or more.

Violations & Fines

Enforcement runs through § 10-37: failing to install or maintain erosion and sediment controls, or missing required inspections, is listed as an enforceable violation. The administrator can issue a stop-work order, and a court may impose a civil penalty up to $32,500 per violation, with each day a separate offense; a willful or negligent violation of a permit condition is a misdemeanor carrying up to 12 months in jail and a $2,500 to $32,500 fine.

Frequently Asked Questions

Can a builder avoid Charlottesville's erosion plan by dividing a project into small lots?
No. City Code § 10-31(d) says an individual lot under 6,000 square feet is not exempt if the total disturbance across the residential development reaches 6,000 square feet or more.
Who has to be named on a Charlottesville erosion control plan?
The person responsible for carrying out the plan must give the city the name of an individual holding a state responsible land disturber certificate under § 10-25(b)(2) before land-disturbing activity begins.
How soon must a disturbed site be stabilized in Charlottesville?
Under § 10-28(e)(8), stabilization must begin immediately once work has permanently stopped, or once it has been paused for more than 14 calendar days on any part of the site.

Sources & Official References

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