Chesapeake, VA Environmental Rules: Erosion Control (2026)
Key Facts
- Permit required
- before any regulated land disturbance
- Disturbance threshold
- 10,000 sq ft (2,500 sq ft in CBPA)
- Plan review timeline
- 60 days for a complete plan
- Civil penalty, no permit
- $1,000 under Sec. 26-362(d)(2)
- Civil penalty, BMP failure
- $100 per violation
- Criminal maximum
- Class 1 misdemeanor, $32,500/12 months
Summary
Chesapeake bars land disturbance until the city approves an erosion and sediment control plan and issues a land-disturbing permit. City Code Sec. 26-346(a) makes plan approval and permitting a precondition to grading, clearing or construction citywide, with numeric disturbance thresholds under Sec. 26-344 and 26-347 triggering the requirement.
(a)Except as provided herein, no person may engage in land-disturbing activity as defined by section 26-343 until such person has submitted to the director an erosion and sediment control plan for such land-disturbing activity and until that plan has been reviewed and approved by the administrator or designee. The administrator shall review submitted erosion and sediment control plans and grant written approval within 60 days of the receipt of the plans if the plan meets the requirements of this section and the state regulations. Furthermore, no person may engage in land-disturbing activity until a land-disturbing permit and stormwater permit, if applicable, have been issued by the administrator in accordance with the provisions of this article.
Full Breakdown
Chesapeake's erosion and stormwater management ordinance, adopted under the Virginia Erosion and Stormwater Management Act, requires an approved erosion and sediment control plan before any regulated land-disturbing activity begins. Sec. and until that plan has been reviewed and approved by the administrator or designee,' and separately bars work until a land-disturbing permit, and a stormwater permit if applicable, are issued. The administrator has 60 days to approve a complete plan and 45 days to act on a resubmitted plan after a prior disapproval. The requirement kicks in at real thresholds rather than any disturbance at all: Sec.
26-347(d)(6) exempts 'disturbed land areas of less than 10,000 square feet in size, for residential uses of less than 2,500 square feet in size, or of less than 2,500 square feet in size in a Chesapeake Bay Preservation Area,' and separately exempts home gardening, individual landscaping and the tilling, planting or harvesting of agricultural, horticultural or forest crops. For activity that isn't exempt, the person carrying out the plan must name an individual holding a state certificate of competence, and the director may require a performance bond, cash escrow or letter of credit under Sec.
26-348(k) before issuing the permit. If disturbance starts without an approved plan, Sec. 26-353(d) lets the director stop all work immediately by posted and mailed order until permits and plan approvals are secured.
Violations & Fines
Chesapeake enforces erosion-control violations two ways under Sec. 26-362(d). The General District Court can assess a civil penalty of $100 per violation for failing to install, implement or maintain required controls such as silt fences, sediment traps or construction entrances, and $1,000 for commencing land-disturbing activity without a city-approved plan and permit, with total civil penalties from one set of facts capped at $10,000. Alternatively, the city can prosecute the violation as a Class 1 misdemeanor carrying up to a $32,500 fine and 12 months in jail, with each day a separate offense.
Frequently Asked Questions
Do I need a permit to grade or clear land in Chesapeake?
What size project triggers Chesapeake's erosion control permit?
What's the penalty for clearing land in Chesapeake without a permit?
Sources & Official References
Other rules in Chesapeake
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