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

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

Key Facts

Enforcing agency
Director of Public Works (VESMP authority)
Permit trigger
No disturbance before VESMP permit issued
Slope limit
No cut/fill over 8 ft at steeper than 2:1 without engineering
Civil penalty
Up to $32,500 per violation, per day
Criminal penalty
Up to 12 months jail, $2,500-$32,500 fine

Summary

Hanover County requires an approved erosion and sediment control plan under Code § 10-11 before any regulated land-disturbing activity begins, in Hanover County outside the Town of Ashland. The plan must meet Virginia Stormwater Management Handbook and county drainage standards, and steep cut or fill slopes need engineered stabilization.

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

(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.(b)The erosion and sediment control plan shall detail those methods and techniques to be used in controlling erosion and sedimentation. At a minimum, the plan shall comply with the standards prescribed by the Regulations, The Virginia Stormwater Management Handbook, and The Hanover County Drainage Design Handbook, as amended. ... No permanent cut or fill slope greater than eight (8) feet in height with a grade differential of steeper than fifty (50) percent (two (2) feet of horizontal extension of every one (1) foot of vertical rise, also termed 2:1) shall be established without the implementation of structural or nonstructural measures specifically designed to ensure the stability of the slope;

Full Breakdown

The Director of Public Works, acting as the county's Virginia Erosion and Stormwater Management Program (VESMP) authority, administers Chapter 10, Article I of the Hanover County Code. Under § 10-11, an erosion and sediment control plan is a required component of the ESM plan and must be filed for a development and the buildings constructed within it, regardless of construction phasing. The plan must comply with the standards in the state Regulations, the Virginia Stormwater Management Handbook, and the Hanover County Drainage Design Handbook. Individual lots in a residential development are not exempt if the total disturbance in the development reaches 10,000 square feet, even if a single lot disturbs less.

Where land disturbance increases erosion potential, § 10-11(f) bars any permanent cut or fill slope greater than eight feet in height with a grade steeper than 2:1 (fifty percent) unless a professional engineer designs structural or nonstructural stabilization measures, subject to county approval. Super silt fence must be installed adjacent to wetlands and streams, and stabilization blankets are required on slopes of 3:1 or steeper. Construction phasing plans are mandatory, and the VESMP authority must inspect and approve each phase before the next may be disturbed.

No land-disturbing activity may begin under § 10-7 until the VESMP authority issues a land-disturbance permit and the applicant names a certified Responsible Land Disturber. Building permits for a proposed structure cannot issue until a licensed engineer or surveyor calculates the 100-year storm effect, and the lowest finished floor must sit at least one foot above the 100-year flood elevation.

Violations & Fines

Under § 10-17, the VESMP administrator may issue a stop-work order for noncompliance, and courts may impose a civil penalty of up to $32,500 per violation, with each day of continued violation a separate offense. A person who willfully or negligently violates the article, a stop-work order, or a permit condition is guilty of a misdemeanor punishable by up to twelve months in jail and a fine of $2,500 to $32,500, or both. The county may also seek injunctive relief in Hanover County Circuit Court.

Frequently Asked Questions

Do I need a permit before grading my Hanover County lot?
Yes. Under § 10-7, no person may engage in land-disturbing activity until the VESMP authority, the Director of Public Works, issues a land-disturbance permit and the applicant identifies a certified Responsible Land Disturber. This applies even to individual residential lots once the development's total disturbance reaches 10,000 square feet.
How steep can a cut or fill slope be without engineering?
Under § 10-11(f)(1), any permanent cut or fill slope over eight feet high with a grade steeper than 2:1 (fifty percent) requires structural or nonstructural stabilization measures designed and certified by a professional engineer and approved by the county before it can be established.
What happens if I disturb land without an approved plan?
The VESMP administrator can issue a stop-work order under § 10-17 and refer the matter to Hanover County Circuit Court, where a civil penalty of up to $32,500 per violation may be assessed. Willful or negligent violations are a misdemeanor carrying up to twelve months in jail and a fine of $2,500 to $32,500.
Who reviews my erosion and sediment control plan?
The Hanover County Director of Public Works, acting as the VESMP authority, reviews and approves plans under § 10-6, determining application completeness within fifteen days and acting on a complete application within sixty days.

Sources & Official References

Other rules in Hanover County

All Hanover County rules

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