Henrico County, VA Environmental Rules: Stormwater Management (2026)
Key Facts
- Trigger threshold
- 2,500 sq. ft. disturbed
- Full-plan threshold
- 1 acre or common plan of 1 acre+
- Administrator
- Director of Public Works
- Civil penalty
- Up to $32,500 per violation/day
- Classification
- Also a misdemeanor
- Appeal window
- 15 working days to county manager
Summary
Henrico requires an approved environmental compliance plan before any regulated land disturbance begins. The threshold is 2,500 square feet, with tighter rules in Chesapeake Bay Preservation Areas and full erosion, sediment and stormwater plans once a site reaches one acre.
Unless excepted under subsection (b) of this section, all land disturbing activity that: a. Disturbs 2,500 square feet or more; b. Is less than one acre; c. Is not part of a larger common plan of development or sale that disturbs one acre or more; and d. Is not in an area designated as a Chesapeake Bay Preservation Area; is subject to regulation under sections 10-30 through 10-34, 10-40, 10-41, 10-46, 10-48, 10-49(a), 10-50, 10-51, 10-53, 10-54, 10-56, and 10-57. ... No person may conduct a land disturbance or a land disturbing activity until: (1) An environmental compliance plan (ECP) meeting the requirements of section 10-32 has been submitted to, and approved by, the administrator; (2) A maintenance agreement or other enforceable mechanism ensuring long-term maintenance for permanent stormwater facilities meeting the requirements of section 10-54 has been submitted to, and approved by, the administrator; (3) A financial guarantee in accordance with section 10-46 has been submitted to, and approved by, the administrator; and (4) A preconstruction meeting in accordance with section 10-48 has been conducted.
Full Breakdown
Under County Code Article II of Chapter 10, no person may conduct a land disturbance or land disturbing activity until an environmental compliance plan (ECP) meeting Sec. 10-32 is submitted to and approved by the administrator, defined in Sec. 10-28 as the director of public works or a designee. The owner must also secure a maintenance agreement or other enforceable mechanism guaranteeing long-term upkeep of any permanent stormwater facility under Sec. 10-54, post a financial guarantee under Sec. 10-46, and hold a preconstruction meeting under Sec.
10-48 before a grading, building or other permit can issue. Sec. 10-29 sets the applicability tiers: activity disturbing 2,500 square feet or more but under an acre, and not part of a larger common plan of development reaching an acre, falls under the base set of sections; the same disturbance inside a designated Chesapeake Bay Preservation Area pulls in additional sections including the full stormwater management (SWM) plan and pollution prevention plan requirements; and any activity disturbing a full acre or more, or part of a common plan that does, triggers the complete Sections 10-30 through 10-57 framework, including a construction general permit.
Sec. 10-29(b) exempts minor home gardening and landscaping, utility connection work confined to an existing hard-surfaced road, septic line repair outside a larger plan, bona fide agricultural clearing, fence and post installation, and emergency work reported to the administrator within seven days. 15:27 to integrate erosion, sediment and stormwater control with the county's Chesapeake Bay Preservation Act requirements in Chapter 24, per Sec. 10-27 (Ord. No. 1197, 2014).
Violations & Fines
Sec. 10-56 lets the administrator escalate from verbal warnings and corrective-action notices to stop-work orders and criminal referral. Any person who violates the article, or fails to comply with an enforcement order, faces a civil penalty up to $32,500.00 per violation, with each day of continued violation a separate offense, and violation of the article is also a misdemeanor.
Frequently Asked Questions
When do I need an environmental compliance plan in Henrico?
Does being in a Chesapeake Bay Preservation Area change the rules?
What happens if I disturb land without approval?
Can I appeal a stormwater permit decision?
Sources & Official References
Other rules in Henrico County
Compare Henrico County to another location·View the Virginia environmental rules overview
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