Fairfax County, VA Environmental Rules: Stormwater Management (2026)
Key Facts
- Permit required
- Land-disturbance permit from LDS before work begins
- Completeness review
- 15 days after application received
- Action deadline
- 60 days after application deemed complete
- Resubmission timeline
- 15 days completeness, 45 days to act
- Civil penalty
- Up to $32,500 per violation per day
- Certification required
- Responsible Land Disturber certificate under Va. Code Section 62.1-44.15:30
- Security required
- Performance bond, cash escrow, or letter of credit
Summary
Fairfax County requires a land-disturbance permit from Land Development Services before regulated land-disturbing activity begins. Applicants must submit a soil erosion control and stormwater management plan, meet strict review deadlines, name a certified Responsible Land Disturber, and post security, or face civil penalties up to $32,500 per day of violation.
(A)Except for activities set forth in Section 124.1-1-7 of this Chapter, prior to commencing any regulated land-disturbing activity, a person seeking to conduct such regulated land-disturbing activity must file an application to LDS that includes a state permit registration statement, if required, and a soil erosion control and stormwater management plan, and receive a land-disturbance permit from the County.(B)The County will review and approve or disapprove an ESM plan in accordance with the requirements set forth in Sections 124.1-3-2 and 124.1-6-2.(C)The County must determine the completeness of any application within 15 days after receipt and must act on any application within 60 days after it has been determined by the County to be complete.(D)Applicants may resubmit a previously disapproved application and the County will determine whether any resubmission is complete within 15 days after receipt and must act on the resubmitted application within 45 days after receipt.
Full Breakdown
1. The applicant must file an application that includes a state permit registration statement, when one is required, and a soil erosion control and stormwater management plan. 1-6-2. The County must determine whether an application is complete within 15 days of receipt and must act on a complete application within 60 days. If LDS disapproves a plan, the applicant can resubmit; the County then has 15 days to check completeness of the resubmission and 45 days to act on it. Before land-disturbance approval issues, the applicant must name an individual holding a Responsible Land Disturber certificate under Va.
15:30; failing to do so can trigger revocation of the approval and is itself a violation of the chapter. Except for state agencies and federal entities, applicants must also post a reasonable performance bond, cash escrow, letter of credit, or other security acceptable to the County, which LDS can draw on to complete required corrective measures if the applicant fails to comply after notice; unused security is refunded or terminated within 60 days of completing the County's conditions. LDS can require changes to an approved plan if an inspection shows it is inadequate or if changed circumstances mean it can no longer be carried out as approved.
The County may also require an erosion and sediment control and stormwater management plan for any land it designates an erosion impact area, and it can enter mutual administration agreements with neighboring Virginia Stormwater Management Program authorities on multijurisdictional projects.
Violations & Fines
Anyone who violates Chapter 124.1, including MS4 permit conditions or a land-disturbance approval's terms, faces a civil penalty of up to $32,500 per violation under Section 124.1-8-3, with each day of noncompliance counted as a separate offense. Penalty funds go into a County account reserved for stormwater capital projects such as best-management-practice construction, stream restoration and buffer restoration. Before penalties, LDS may issue a verbal warning or a formal Notice to Comply specifying corrective measures and a deadline; the County can also pursue criminal penalties or an injunction under Sections 124.1-8-4 and 124.1-8-5.
Frequently Asked Questions
Do I need a permit before disturbing land in Fairfax County?
How long does Fairfax County take to review a stormwater plan?
What happens if I skip the permit or violate the plan?
What is a Responsible Land Disturber certificate?
Sources & Official References
Other rules in Fairfax County
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