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Charlottesville, VA Environmental Rules: Stormwater Management (2026)

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

Key Facts

Permit trigger
6,000 sq ft or 1 acre disturbed
Administering agency
Neighborhood Development Services
Civil penalty
Up to $32,500 per violation
Misdemeanor fine
$2,500-$32,500, up to 12 months jail
Facility inspection cycle
Every 5 years, permanent facilities
Governing ordinance
Ord. No. O-24-081, 6-17-2024

Summary

In the City of Charlottesville, Virginia, no one may start a land-disturbing activity until Neighborhood Development Services has issued a stormwater permit under the city's Erosion and Stormwater Management Program. The permit covers both erosion control and stormwater management plans before grading begins.

(a)Except as provided herein, no person may engage in any land-disturbing activity until a permit has been issued by the city in accordance with the provisions of this article and the Regulation.(b)Notwithstanding any other provisions of this article, the following activities are not required to comply with the requirements of this article unless otherwise required by federal law:(1)Minor land-disturbing activities, including home gardens and individual home landscaping, repairs, and maintenance work;

Full Breakdown

City Code § 10-27 bars any land-disturbing activity in Charlottesville until the city has issued a permit under Article II, the Virginia Erosion and Stormwater Management Program (VESMP), adopted by Ordinance No. O-24-081 on June 17, 2024. The administrator, housed within Neighborhood Development Services, will not issue that permit until an applicant submits a soil erosion control and stormwater management (ESM) plan, a stormwater pollution prevention plan, and, where required, a state general permit registration statement and a performance bond or cash escrow under § 10-9.

Section 10-24 sets the size triggers: disturbing 6,000 square feet or more but less than one acre pulls in the state's Article 2 technical criteria, and disturbing one acre or more, or being part of a common plan of development that reaches one acre, brings in the full Article 2 and 3 criteria. Minor activities are exempt under § 10-27(b), including home gardens, individual landscaping, utility service connections in existing hard-surfaced roads, and fence or post installation, unless federal law says otherwise. Single-family residences under one acre and not part of a larger common plan still owe soil erosion control compliance even when excused from the water-quantity and water-quality technical criteria under § 10-27(c).

Permanent stormwater facilities need a recorded maintenance instrument before permit issuance under § 10-33, and the city inspects active sites at least every two weeks and permanent facilities at least once every five years under § 10-34.

Violations & Fines

Under § 10-37, failing to comply with permit conditions or an unauthorized discharge draws a warning, notice to comply, or stop-work order from the administrator; noncompliance escalates to a civil penalty of up to $32,500 per violation, with each day of violation a separate offense. Willful or negligent violations of the article, a permit condition, or a court order are a misdemeanor punishable by up to 12 months in jail and a fine of $2,500 to $32,500, or both.

Frequently Asked Questions

Do I need a permit to regrade my Charlottesville yard?
Only if the disturbance reaches 6,000 square feet or the site is part of a larger common plan of development reaching one acre. Below that, home gardening, landscaping and minor repairs are exempt under City Code § 10-27(b).
Who reviews stormwater plans in Charlottesville?
The administrator designated under § 10-6, based in Neighborhood Development Services, reviews erosion and stormwater management plans, issues land-disturbance approvals, and collects the statewide VESMP fee schedule adopted under § 10-10.
What happens if I disturb land without a permit?
The city can issue a stop-work order, and a court can impose a civil penalty of up to $32,500 per violation under § 10-37(d)(2), with willful violations charged as a misdemeanor carrying up to 12 months in jail.

Sources & Official References

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