Albemarle County, VA Environmental Rules: Stormwater Management (2026)
Key Facts
- Permit required before
- Any land-disturbing activity
- Plan review
- Stormwater management plan, § 17-403
- Maintenance duty
- Keep drainage systems/streams free of refuse
- Civil penalty
- Up to $32,500 per violation
- Stop-work order
- Immediate in emergencies, § 17-902
- Administering office
- Dept. of Community Development (VESMP)
Summary
Albemarle County outside Charlottesville and Scottsville bars land-disturbing activity until the owner has an approved stormwater management plan and land-disturbance permit under County Code § 17-104, and every property owner along a private storm drainage system or natural stream must keep it clear of refuse under § 17-802.
No owner may engage in land-disturbing activity subject to this chapter, or allow land-disturbing activity to occur, on its property, until: A.Soil erosion control and stormwater management plan approved. The owner has submitted to the administrator an ESM plan for the land-disturbing activity, the administrator has reviewed and approved the plan, and all other prerequisites to engaging in land-disturbing activity have been satisfied, as provided in section 17-400 et seq. ... Each owner of property through which a privately-maintained storm drainage system or natural stream passes must maintain the functional performance of the system or stream, regardless of whether it is subject to a land-disturbance permit or an erosion and sediment control plan, as follows:A.Keeping the storm drainage system and natural streams free of refuse and other obstacles. The owner must maintain the part of storm drainage system or natural stream on the property free of refuse, as that term is defined in section 13-100, and other obstacles that would pollute, contaminate, or adversely impact the system's or the stream's functional performance.
Full Breakdown
Chapter 17 of the County Code, the Water Protection Ordinance, governs stormwater in Albemarle County outside Charlottesville and the Town of Scottsville. Section 17-104 prohibits any owner from engaging in, or allowing, land-disturbing activity on a property until two things happen: the County's administrator has reviewed and approved a soil erosion control and stormwater management plan, and the administrator has reviewed and approved a land-disturbance permit application, both as detailed in § 17-400 et seq. A complete stormwater management plan, required by § 17-403, must address every source of surface runoff and converted groundwater flow, describe the proposed stormwater management facilities and how they will be operated and maintained long-term, and include site maps showing drainage areas, streams, soils, and proposed grading, all reviewed against the technical criteria in § 17-501 and the County's small MS4 permit obligations.
3 so it does not become a hazard to the stream. The Department of Community Development, acting as the VESMP administrator, reviews plans, issues permits, and inspects sites for compliance.
Violations & Fines
Starting land-disturbing work without an approved stormwater management plan and land-disturbance permit lets the County revoke the permit, issue a stop-work order that can take effect immediately in an emergency, and pursue a civil penalty of up to $32,500 per violation under § 17-904. A stop-work order for building without a required permit stays in force until all required permits and plans are obtained (§ 17-902).
Frequently Asked Questions
Can I start grading or building before getting a stormwater permit in Albemarle County?
Who has to maintain a drainage ditch or stream on private property in Albemarle County?
What has to be in an Albemarle County stormwater management plan?
Sources & Official References
Other rules in Albemarle County
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