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Norfolk, VA Environmental Rules: Erosion Control (2026)

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

Key Facts

Trigger threshold
2,500 sq. ft. of land disturbance, § 15-5(5)
CBPA threshold
Same 2,500 sq. ft., includes single-family homes
Plan review deadline
30 days, or plan deemed approved, § 15-8(e)
Bond refund window
60 days after stabilization, § 15-9(b)
Criminal penalty
Class 1 misdemeanor, § 15-1
Civil penalty
Up to $2,000 per violation, § 15-14(c)

Summary

Norfolk requires a land-disturbing activity permit before any construction site disturbs more than 2,500 square feet under Chapter 15. The city reviews a submitted erosion and sediment control plan within 30 days, and violators face a Class 1 misdemeanor plus a civil penalty of up to $2,000 per violation.

Sec. 15-7. - Engaging in land-disturbing activity without a permit prohibited. Except as provided herein, it shall be unlawful for any person to engage in any land-disturbing activity until he has submitted an erosion and sediment control plan to the appropriate city official designated in section 15-8, such plan has been reviewed and approved, a land-disturbing activity permit has been issued, and fees have been paid ... and the required bond posted. ... Sec. 15-14. - Injunctions and other legal actions. ... (c) Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this chapter, in the discretion of the court, shall be subject to a civil penalty not to exceed two thousand dollars ($2,000.00) for each violation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 166).

Full Breakdown

Chapter 15, Erosion and Sediment Control, bars land-disturbing activity, defined at § 15-2 as clearing, grading, excavating, or filling that can cause soil erosion or sediment movement, until a plan is approved and a permit issued (§ 15-7). The director of public works reviews plans for city rights-of-way and drainage work, while the director of city planning reviews plans tied to site plan review; either official must act within 30 days or the plan is deemed approved (§ 15-8). Disturbed areas under 2,500 square feet, minor home gardening and landscaping, individual service connections, and several utility and agricultural activities are exempt under § 15-5, but any disturbance in a Chesapeake Bay Preservation Area exceeding 2,500 square feet, including construction of a single-family house, must comply regardless (§ 15-6).

Applicants pay a plan review and inspection fee set by the city manager and may be required to post a performance bond, cash bond, or letter of credit to guarantee conservation measures, refundable within 60 days of stabilization (§ 15-9). As of July 1, 2024, no land-disturbing or building permit issues until the applicant shows proof of coverage under the General VPDES Construction Stormwater Permit (§ 15-9(c)). The appropriate city official may issue a stop work order halting activity until corrective measures are taken, and violating a stop work order is a separate offense (§ 15-13).

Permit denials can be appealed in writing to the city manager within 30 days, with a decision due within 30 days, and further review lies with the Circuit Court (§ 15-15).

Violations & Fines

Violating any provision of Chapter 15, including working without an approved plan or permit, is a Class 1 misdemeanor with each day of violation a separate offense, and a judge may order site restoration and public service (§ 15-1). The city attorney can also seek an injunction in Circuit Court without proving inadequate remedy at law, and a court may impose a civil penalty of up to $2,000 for each violation of an injunction, mandamus, or other court-ordered remedy (§ 15-14).

Frequently Asked Questions

Does every construction project in Norfolk need an erosion control permit?
Only if the project disturbs land. Section 15-7 requires an approved erosion and sediment control plan and issued permit before any land-disturbing activity begins, but § 15-5 exempts disturbances under 2,500 square feet along with minor gardening, individual utility hookups, and several other listed activities.
Is the 2,500 square foot exemption different in a Chesapeake Bay Preservation Area?
No, but it is stricter in effect: § 15-6 states any disturbance in a Chesapeake Bay Preservation Area exceeding 2,500 square feet must comply with the chapter, including construction of a single-family house, and access during construction is limited to one point unless the city approves otherwise.
How long does Norfolk have to approve or deny an erosion control plan?
Section 15-8(e) requires the appropriate city official to act within 30 days of receiving the plan, either approving it in writing or denying it in writing with specific reasons; if no action is taken in 30 days, the plan is deemed approved and work may proceed.
What happens if I violate a Norfolk stop work order on a construction site?
Section 15-13 lets the city order all or part of the land-disturbing activity stopped until corrective measures are taken, and violating that stop work order or failing to comply with its terms is treated as a separate violation of Chapter 15, on top of any underlying misdemeanor charge.

Sources & Official References

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