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Henrico County, VA Environmental Rules: Stormwater Management (2026)

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

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

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?
Once your project disturbs 2,500 square feet or more of land, Sec. 10-30 requires an approved environmental compliance plan, a long-term maintenance agreement for any permanent stormwater facility, a financial guarantee and a preconstruction meeting before any grading or building permit can be issued.
Does being in a Chesapeake Bay Preservation Area change the rules?
Yes. Sec. 10-29(a)(2) pulls disturbances of 2,500 square feet or more inside a designated Chesapeake Bay Preservation Area into additional sections, including the full stormwater management plan and pollution prevention plan requirements that smaller out-of-area projects skip.
What happens if I disturb land without approval?
The director of public works can issue verbal warnings, corrective-action notices, and stop-work orders under Sec. 10-56, and a court may impose a civil penalty of up to $32,500 per violation, with each day counted separately; the violation is also charged as a misdemeanor.
Can I appeal a stormwater permit decision?
Yes. Sec. 10-57 lets an aggrieved applicant or permittee file a notice of appeal with the county manager within 15 working days of the decision, and further appeal the county manager's written decision to circuit court within 30 days.

Sources & Official References

Other rules in Henrico County

All Henrico County rules

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