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

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

Key Facts

Permit required
County land-disturbing permit, § 143-125(A)
Slope rule
15%+ slopes stabilized immediately if disturbed, § 143-160(C)(4)
Criminal penalty
Class I misdemeanor, § 143-225(A)(1)
Civil penalty
$100-$1,000 per violation, $1,000 for no plan
Cap
$10,000 total for a related series of violations
Plan deadline
County must respond within 45 days or plan is deemed approved

Summary

Frederick County requires an approved erosion and sediment control plan before any land-disturbing construction starts. Under § 143-125(A) of the County Code, no land-disturbing permit issues without that plan, and a violation can bring a Class I misdemeanor charge plus a civil penalty.

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

A. No person shall conduct a VESCP land-disturbing activity as defined in § 143-110 until the County land-disturbing permit has been obtained from the Administrator ... No permit involving land-disturbing activity will be issued without an approved erosion and sediment control plan by Frederick County and certification that the plan will be carried out by the designated responsible land disturber. ... (4) Disturbance of slopes 15% or steeper shall be avoided to the maximum extent practicable given the proposed site improvements. When disturbance of steep slopes is unavoidable, or the resulting grade of exposed soil is 15% or greater, the area shall be stabilized immediately with an approved soil stabilization measure. ... ... A. Erosion and sediment control. ... (1) Violators of this chapter shall be guilty of a Class I misdemeanor. (2) Any person who violates any provision of Code of Virginia, § 62.1-44.15:34, § 62.1-44.15:55, may, upon a finding of the District Court of the County, be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000.

Full Breakdown

Frederick County Code § 143-125(A) bars anyone from conducting a VESCP land-disturbing activity until the County land-disturbing permit is obtained from the Administrator and kept in good standing. No permit issues without an erosion and sediment control plan the County has approved, and certification that a designated responsible land disturber will carry the plan out. All other federal, state and local permits for grading or site work must also be in hand before work begins.

Section 143-160(C) sets performance goals the plan has to meet to the maximum extent practicable, including limiting the area disturbed at any one time to the minimum needed for the work, phasing construction to shorten how long soil stays exposed, and directing construction traffic and stockpiling to designated areas to protect native soils. Steep ground gets specific treatment: disturbing slopes of 15% or steeper is to be avoided where practicable, and if disturbance of a 15%-or-steeper slope cannot be avoided, the Code requires the area be stabilized immediately with an approved stabilization measure (§ 143-160(C)(4)). The plan must also provide fifty-foot natural vegetated buffers around surface waters where feasible.

Frederick County Public Works serves as the certified Virginia Erosion and Sediment Control Program authority, with a certified plan reviewer and inspector on staff, under § 143-160(A). A disapproved plan gets a written notice within 45 days stating why; if the County takes no action within that window, the plan is deemed approved.

Violations & Fines

Section 143-225(A)(1) makes a violation of the chapter a Class I misdemeanor. Section 143-225(A)(2) adds a civil penalty of not less than $100 nor more than $1,000 per violation, rising to a flat $1,000 for starting land-disturbing work without an approved plan, capped at $10,000 total for a series of violations arising from the same facts.

Frequently Asked Questions

Do I need a permit before clearing land in Frederick County?
Yes, for a VESCP land-disturbing activity. Section 143-125(A) of the County Code requires a County land-disturbing permit from the Administrator, and the County will not issue one without an approved erosion and sediment control plan and a certified responsible land disturber.
What is the penalty for grading without an approved erosion control plan?
Starting land-disturbing work without an approved plan is a Class I misdemeanor under § 143-225(A)(1), and Section 143-225(A)(2) sets a flat $1,000 civil penalty for that specific violation, on top of any other penalty the Code of Virginia allows.
Are steep slopes treated differently under Frederick County's erosion rules?
Yes. Section 143-160(C)(4) says disturbance of slopes 15% or steeper should be avoided where practicable, and if a 15%-or-steeper slope has to be disturbed, or ends up at that grade, the area must be stabilized immediately with an approved stabilization measure.

Sources & Official References

Other rules in Frederick County

All Frederick County rules

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