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Charleston, WV Environmental Rules: Stormwater Management (2026)

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

Key Facts

LDA plan trigger
5,000 sq ft disturbance
Impervious-area trigger
1,000 sq ft new impervious area
Minimum fine
$500 per day, misdemeanor
Illicit connection grace period
6 months to remove
Enforcing office
City Engineer stormwater compliance officers

Summary

Charleston bans illicit discharges into its municipal storm sewer system (MS4) and requires an approved erosion and sediment control plan for construction disturbing 5,000+ square feet, enforced by City Engineer's Office stormwater compliance officers under Chapter 102, Article VIII.

Except for stormwater, no person shall discharge or cause to be discharged into the MS4 or waters of the state any materials, including, but not limited to, Pollutants or waters containing any Pollutants that cause or contribute to a violation of applicable water quality standards or any other federal, state, or local regulations.

Source: Charleston Public WorksView 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 56).

Full Breakdown

Under Code of Ordinances Ch. 102, Art. VIII, no one may discharge anything but stormwater into the city's MS4, and illicit connections must be removed within six months of the ordinance's effective date. Separately, any construction project involving land disturbing activity over 5,000 square feet (or 1,000+ square feet of new impervious area) must get city engineer/building department approval of an Erosion and Sediment Control Plan before a building permit issues, per the city's Stormwater Management Guidance Manual. Compliance officers can inspect sites, issue notices of violation, and seek injunctions.

Violations & Fines

Violations are a criminal misdemeanor with a fine of not less than $500.00; each day a violation continues is a separate offense, and unresolved conditions can be declared a public nuisance with abatement costs liened against the property.

Frequently Asked Questions

Do I need a permit to disturb land in Charleston?
Yes, if disturbance exceeds 5,000 sq ft or adds 1,000+ sq ft of impervious area, you need an approved Erosion and Sediment Control Plan before your building permit issues.
What can't go into Charleston's storm drains?
Anything other than stormwater is presumptively illicit: wastewater, wash water with detergents, and pollutants are banned from the MS4 under Sec. 102-294.

Sources & Official References

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