Hampton, VA Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger
- 10,000 sq ft disturbed
- Bay-area trigger
- 2,500 sq ft
- Issued by
- city department (VESCP authority)
- State program basis
- Va. Code § 62.1-44.15:54
Summary
Hampton requires a land-disturbing permit before grading, clearing or construction disturbs 10,000 square feet of land (2,500 in Chesapeake Bay Preservation Areas), administered under the city's Virginia Erosion and Sediment Control Program.
It shall be unlawful for any person to engage in any land-disturbing activity, not exempt pursuant to section 33.3-42 without first obtaining a land-disturbing permit from the department in accordance with the provisions of this article. No permit to begin any work that requires a permit covered by this article shall be issued and upon completion of the construction, no certificate of occupancy shall be issued if the property is the subject of a notice of violation or the owner of said property owns any other property in the City of Hampton that is the subject of a notice of violation under this chapter, chapter 41.1, or the zoning ordinance, which remains pending at the time of application. Nor shall any such permit required by this article be issued until all delinquent real estate taxes and all erosion and sediment control and stormwater management fines owed to the city, which have been properly assessed against the subject property, have been paid.
(Ord. No. 24-0013, 9-11-24)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31 | Zoning: Supplement 20).
Full Breakdown
Under Hampton City Code § 33.3-44 it is unlawful to engage in any land-disturbing activity, unless exempt, without first obtaining a land-disturbing permit from the department. The city's Virginia Erosion and Sediment Control Program (VESCP), established under § 33.3-40 pursuant to Va. Code § 62.1-44.15:54, applies once disturbance reaches 10,000 square feet, or 2,500 square feet within a Chesapeake Bay Preservation Area, per § 33.3-41. No permit issues, and no certificate of occupancy is granted, while the property (or another property owned by the same applicant) has a pending notice of violation, or while erosion-control fines or real estate taxes remain delinquent.
Violations & Fines
Starting land-disturbing work without an approved permit, or seeking a permit while a violation notice or delinquent fine is pending, is barred under §§ 33.3-44 and 33.3-45.
Frequently Asked Questions
Do I need a permit to regrade my Hampton yard?
What law lets Hampton run its own erosion program?
Sources & Official References
Other rules in Hampton
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