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Henrico County, VA Environmental Rules: Erosion Control (2026)

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

Key Facts

ESC plan trigger
2,500 sq ft disturbance or 1+ acre
Governing section
County Code § 10-34
Max civil penalty
$32,500 per violation, per day
Alt. compliance path
Agreement in lieu of plan (SFR, low-impervious farm)
Criminal exposure
Violation is a misdemeanor

Summary

Henrico requires an approved erosion and sediment control (ESC) plan before land disturbance of 2,500 square feet or more (under one acre) or one acre or more begins. County Code § 10-34 sets what the plan must contain; § 10-56 backs it with civil penalties up to $32,500 per violation, per day.

These county ordinances apply to unincorporated areas of Henrico County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Sec. 10-34. Erosion and sediment control plan requirements.

(a) An erosion and sediment control plan (ESC) must be prepared for land disturbing activities if required under section 10-29.

(b) An ESC plan must include the following:

(1) Measures to control erosion and sediment;

(2) A statement by the permittee that all erosion and sediment control measures will be maintained;

(3) Information assuring and demonstrating compliance with the minimum standards of the board's erosion and stormwater management regulations...

(4) Calculations for sediment traps, basins, outlet protection, etc., as applicable;

(5) Clear delineation of the preliminary limits of disturbance necessary for installation of the initial erosion and sediment control measures...

(6) Clear delineation of the ultimate limits of disturbance; and

(7) A sequence of construction that details construction schedules and the installation, inspection, and maintenance of ESC measures.

Full Breakdown

Henrico County Code § 10-34 requires an ESC plan whenever land disturbing activity triggers regulation under § 10-29, which sets the threshold at 2,500 square feet or more of disturbance below one acre, or any activity of one acre or more (or part of a larger common plan of development disturbing an acre or more). The plan must include measures to control erosion and sediment, a permittee statement that those measures will be maintained, calculations for sediment traps, basins and outlet protection, a clear delineation of both the preliminary and ultimate limits of disturbance (including stockpiles, borrow areas and staging areas), and a construction sequence detailing schedules for installing, inspecting and maintaining ESC measures.

Compliance with the water quantity requirements of § 10-39 is deemed to satisfy 9 VAC 25-875-560(A)(19). An agreement in lieu of a plan can substitute for a full ESC plan for a single-family residential structure (including additions to an existing single-family detached home) or for a farm building on a parcel where total impervious cover, including the new structure, stays under five percent. No certificate of competence is required for someone carrying out an agreement in lieu of a plan, but if a violation occurs during the work, that person must correct it and either obtain a responsible land disturber certification or name an individual holding one to take charge; failing to name that individual is itself a violation of the article.

Minor disturbances such as home gardens, individual landscaping and septic tank line repair are exempt under § 10-29(b) unless folded into a larger building project.

Violations & Fines

Under § 10-56, the administrator can issue verbal warnings, notices of corrective action, notices to comply and stop-work orders (Code of Virginia § 62.1-44.15:37), and pursue criminal penalties or injunctions. Any person who violates the article, or fails to comply with an enforcement order, faces a civil penalty up to $32,500 per violation, with each day of continuing violation a separate offense; violation of the article is also a misdemeanor.

Frequently Asked Questions

When does Henrico require an erosion and sediment control plan?
Whenever land disturbing activity meets the § 10-29 threshold: 2,500 square feet or more of disturbance under one acre, or one acre or more (including phased projects that are part of a larger common plan of development totaling an acre or more). Below that, most home gardening and landscaping is exempt.
What must an ESC plan contain in Henrico County?
Per § 10-34, it needs erosion and sediment control measures, a maintenance statement from the permittee, sediment trap and basin calculations, clear preliminary and ultimate limits of disturbance, and a construction sequence covering installation, inspection and maintenance of ESC measures.
Can a homeowner skip the full ESC plan?
Yes. Section 10-34(c) allows an agreement in lieu of a plan for construction of a single-family residential structure, or a farm building where total impervious cover stays under five percent, though a violation during the work still requires naming a certified responsible land disturber.
What happens if a Henrico erosion control violation isn't fixed?
The county can issue stop-work orders under Code of Virginia § 62.1-44.15:37, and § 10-56 authorizes a civil penalty up to $32,500 per violation with each day counting separately, plus criminal misdemeanor liability.

Sources & Official References

Other rules in Henrico County

All Henrico County rules

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