Rockingham County, VA Environmental Rules: Erosion Control (2026)
Key Facts
- Permit needed before
- Any land-disturbing activity begins
- Plan review deadline
- 60 days by plan-approving authority
- Small-lot exemption
- Under 10,000 sq ft disturbed
- Max civil penalty
- $2,000.00 per violation
- Criminal classification
- Class 1 misdemeanor
Summary
No one may begin a land-disturbing activity in unincorporated Rockingham County without first submitting and getting county approval of an erosion and sediment control plan and being issued a land-disturbing permit. The rule implements the state Erosion and Sediment Control Law under chapter 6B.
Except as provided in section 6B-5 of this chapter, no person may engage in any land-disturbing activity within the boundaries of Rockingham County until: (1) such person has submitted to Rockingham County an erosion and sediment control plan and certification that the plan will be followed for the land-disturbing activity; (2) said erosion and sediment control plan has been reviewed and approved by Rockingham County; and (3) said person has been issued a land-disturbing permit. ... A violation of this chapter shall be deemed a Class I misdemeanor. Any criminal penalty assessed shall be instead of a civil penalty.
Full Breakdown
Rockingham County Code § 6B-4 bars any person from engaging in land-disturbing activity within the county, except as exempted under § 6B-5, until the person has submitted an erosion and sediment control plan and certification that it will be followed, the county's plan-approving authority has reviewed and approved that plan, and a land-disturbing permit has been issued. The plan must meet the standards and specifications in the Virginia Erosion and Sediment Control Regulations, incorporated by reference under § 6B-12. Section 6B-5 exempts minor activities such as home gardens, individual home landscaping, septic lines not tied to a construction project, agricultural tilling and harvesting, and disturbed areas under 10,000 square feet outside a larger development plan.
Under § 6B-6, the plan-approving authority must act on a submitted plan within sixty days, and a permittee must post a performance bond, cash escrow or letter of credit before the permit is issued to guarantee the required conservation measures. Section 6B-7 lets the plan-approving authority issue a notice to comply and, where noncompliance risks harmful erosion or sediment deposition, a stop-work order without prior notice. Appeals of the plan-approving authority's decisions go to the Rockingham County Board of Supervisors within thirty days under § 6B-8, then to the circuit court.
Violations & Fines
A violation of chapter 6B is a Class 1 misdemeanor under § 6B-9, or the court may instead impose a civil penalty; either an admission or a court finding of civil liability is not treated as a criminal conviction. Courts may also assess a civil penalty of up to $2,000.00 per violation for failing to obey an injunction, mandamus or other court remedy under this chapter, and the plan-approving authority may negotiate consent civil charges of up to $2,000.00 per violation in lieu of a formal penalty. Civil penalties are paid into the county treasury.
Frequently Asked Questions
Do I need an erosion control permit to grade my lot in Rockingham County?
Who enforces Rockingham County's erosion control ordinance?
What is the penalty for grading without an approved plan in Rockingham County?
Sources & Official References
Other rules in Rockingham County
Compare Rockingham County to another location·View the Virginia environmental rules overview
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