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

15:27 and codified at Montgomery County Code § 8-70, the county's Erosion and Stormwater Management Ordinance folds erosion and sediment control together with stormwater permitting into one consolidated program administered by the county as the Virginia Erosion and Stormwater Management Program authority. Section 8-73 sets the regulatory thresholds: disturbing 10,000 square feet or more, but under one acre and outside a common plan of development, triggers the soil erosion and sediment control criteria of the state Regulation; disturbing one acre or more, or a smaller parcel within a larger common plan totaling one acre or more, additionally triggers the water quantity and quality technical criteria.

Under § 8-74, no one may begin a regulated land-disturbing activity until the county has issued a land-disturbance approval on a submitted soil erosion control and stormwater management plan, or an executed agreement in lieu of a plan for a qualifying single-family home or farm building, and the name of a certified Responsible Land Disturber has been provided. Section 8-75 gives the county 15 days to determine an application complete and 60 days to act once it is complete. Section 8-76 exempts minor land-disturbing activities such as home gardening and landscaping, individual utility service connections, septic line repair outside a broader building plan, bona fide agricultural clearing, and installation of fence, sign or utility posts.

Section 8-77 requires the stormwater pollution prevention plan to control erosion and sediment discharge and directs that disturbed areas be stabilized immediately once clearing has permanently ceased, or within 14 days if work is only temporarily paused.