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

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

Key Facts

Program
County-run VESMP established under § 11-3
Coverage
Unincorporated county, Remington, The Plains
Excluded
Town of Warrenton runs its own program
Administrator
Director of Community Development
Illicit discharge
Unlawful without a VPDES permit
Civil penalty
Up to $32,500 per violation per day

Summary

Unincorporated Fauquier County runs its own Virginia Erosion and Stormwater Management Program (VESMP) under Code § 11-3, adopted under state authority in Va. Code § 62.1-44.15:27. The program bars dumping anything but rain into the county's public storm drains, and county-issued permits govern how developers manage runoff on regulated projects.

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

Pursuant to § 62.1-44.15:27 of the Code of Virginia, Fauquier County hereby establishes a Virginia Erosion and Stormwater Management Program (VESMP) for land-disturbing activities and adopts the Virginia Erosion and Stormwater Management Regulation that specify standards and specifications for VESMPs promulgated by the state water control board for the purposes set out in the introduction section of this chapter. ... It is the intent of this section to prohibit the entry into public storm drainage facilities of substance, whether solid or liquid, other than stormwater. ... It shall be unlawful to:a.Cause or allow illicit discharges to the county's stormwater management system;b.Discharge materials other than stormwater to the stormwater management systems by spills, dumping or disposal without a VPDES permit;c.Cause or allow industrial discharges into the stormwater management system without a VPDES permit; ord.Violate any conditions or provisions of this chapter or any permit granted for stormwater discharges.

Full Breakdown

Fauquier County Code § 11-1 establishes the "Erosion and Stormwater Management Ordinance of Fauquier County," authorized by Code of Virginia § 62.1-44.15:27, and § 11-3 has the county establish its own Virginia Erosion and Stormwater Management Program (VESMP) rather than defer entirely to the state, adopting the state's technical criteria while letting the county impose stricter standards where county rules are more protective. The Board of Supervisors designates the director of community development as the appointing authority for the VESMP program administrator, who reviews and approves stormwater management plans, issues land-disturbing and VESMP authority permits, and oversees inspections.

The program covers the unincorporated county plus the towns of Remington and The Plains, but not the Town of Warrenton, which runs its own separate stormwater program under § 11-2. Beyond construction-site permitting, § 11-126.1 separately protects the county's public storm drainage system itself: it is unlawful to cause or allow an illicit discharge into that system, to discharge anything other than stormwater by spilling, dumping or disposal without a VPDES permit, to send industrial discharges into it without a VPDES permit, or to violate any condition of a stormwater discharge permit.

Routine flows like water-line flushing, landscape irrigation, air conditioning condensation and dechlorinated pool discharges are exempted unless the county finds they're actually carrying pollutants, in which case the director can order them stopped. Landowners whose stormwater facilities require easements or maintenance agreements must record those under §§ 11-101 through 11-104 before a VESMP authority permit issues.

Violations & Fines

Illicit discharges into the county's public stormwater system, or violating a stormwater discharge permit, are enforced under § 11-127: the VESMP administrator can issue a stop-work order, and a court may impose a civil penalty of up to $32,500 per violation per day, or, for willful or negligent violations, a misdemeanor carrying up to twelve months in jail and a fine of $2,500 to $32,500 per day.

Frequently Asked Questions

Who runs stormwater management in unincorporated Fauquier County?
The county itself, under § 11-3, which establishes a Virginia Erosion and Stormwater Management Program (VESMP) authorized by Code of Virginia § 62.1-44.15:27. The Board of Supervisors designates the director of community development as the appointing authority for the VESMP administrator who reviews plans and issues permits.
Can I hose pool water or wash my car into the storm drain?
Dechlorinated swimming pool discharges and individual residential car washing are listed as exempt discharges under § 11-126.1(2), but the county can order even those stopped under § 11-126.1(3) if it finds they're carrying pollutants into the stormwater system.
What happens if someone dumps something other than stormwater into the county's storm drains?
That's an illicit discharge banned by § 11-126.1(1), enforceable under § 11-127 with a civil penalty of up to $32,500 per violation per day, or, if willful or negligent, a misdemeanor with up to twelve months in jail and a fine between $2,500 and $32,500 per day.

Sources & Official References

Other rules in Fauquier County

All Fauquier County rules

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