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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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

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?
If the disturbed area is 10,000 square feet or more, or is part of a larger development plan, yes: § 6B-4 requires an approved erosion and sediment control plan and a land-disturbing permit before work starts. Home gardening and individual landscaping under § 6B-5 are exempt.
Who enforces Rockingham County's erosion control ordinance?
The county's plan-approving authority administers chapter 6B, issuing notices to comply and stop-work orders under § 6B-7, with appeals going to the Board of Supervisors within thirty days under § 6B-8.
What is the penalty for grading without an approved plan in Rockingham County?
Section 6B-9 makes a violation a Class 1 misdemeanor, or the court may impose a civil penalty instead, and civil penalties for disobeying a court order under this chapter can reach $2,000.00 per violation.

Sources & Official References

Other rules in Rockingham County

All Rockingham County rules

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