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

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

Key Facts

Program authority
Public Works Department, § 143-105(C)
Permit required
County + VESMP authority permit, § 143-125(B)
Plan review
No permit without approved stormwater management plan
Notice to comply
Written notice with deadline before stop-work order
Stop-work order
Halts land-disturbance until violation corrected, § 143-225(B)(3)(a)

Summary

Frederick County requires a stormwater permit before most land-disturbing projects break ground. Under §§ 143-125(B) and 143-165 of the County Code, the Public Works Department runs the Virginia Stormwater Management Program and will not issue a permit until it approves a stormwater management plan for the site.

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

B. No person shall conduct a VSMP land-disturbing activity as defined in § 143-110 until a Frederick County land-disturbing permit as required in Subsection A and a VESMP authority permit have been obtained from the Administrator and maintains in good standing a permit entitling such person and any contractor or agent of such person to conduct such activity. No permit involving a VSMP land-disturbing activity will be issued without a stormwater management plan approved by the County. ... ... B. Stormwater. ... (1) If the Administrator determines that there is a failure to comply with the conditions of this chapter or determines there is an unauthorized discharge ... the Administrator shall serve a notice to comply upon the permittee or person responsible for carrying out the permit conditions ... (3) Stop-work order. (a) If a permittee fails to comply with a notice to comply issued in accordance with Subsection B(1) within the time specified, the Administrator may issue an order requiring the owner, permittee, or person responsible for carrying out the approved plan, to cease all land-disturbing activities.

Full Breakdown

Frederick County Code § 143-105(C) designates the County's Public Works Department as the Virginia Stormwater Management Program (VSMP) authority for the unincorporated county and for the Towns of Middletown and Stephens City, operating under the Virginia Erosion and Stormwater Management Act. Section 143-125(B) requires anyone conducting a VSMP land-disturbing activity to hold both a County land-disturbing permit and a VESMP authority permit from the Administrator before starting; no permit issues without a stormwater management plan the County has approved.

Section 143-165 spells out what that plan must contain: a general description of the proposed stormwater facilities, the type and location of discharges, pre- and post-development drainage areas, owner contact information and the parcel's tax map number, hydrologic and hydraulic computations, and maps showing drainage areas, streams, soils, floodplains and existing structures. The plan also has to describe how the facilities will be operated and maintained after construction finishes.

Once a project is underway, § 143-225(B) gives the Administrator enforcement tools if a permittee falls out of compliance, including failing to install BMPs or stormwater controls properly, or discharging without authorization. The Administrator first serves a written notice to comply, by certified mail, email or hand delivery at the site, spelling out the needed corrective measures and a deadline. If the permittee misses that deadline, § 143-225(B)(3)(a) lets the Administrator order all land-disturbing activity to stop until the violation is corrected.

Violations & Fines

Under § 143-225(B)(3)(b), ignoring a stop-work order exposes a permittee to having the VESMP authority permit revoked and to the penalties the chapter or the Code of Virginia otherwise sets for a violation. The Administrator can also refuse further work approval, or revoke an existing permit, if site conditions do not match the approved stormwater plan under § 143-225(B)(4).

Frequently Asked Questions

Do I need a permit before grading my lot in Frederick County?
Yes, for a VSMP land-disturbing activity. Section 143-125(B) of the County Code requires both a County land-disturbing permit and a VESMP authority permit from the Administrator, and the County will not issue either one without an approved stormwater management plan.
What happens if my stormwater plan is not being followed during construction?
The Administrator serves a written notice to comply under § 143-225(B)(1), spelling out what you need to fix and a deadline. Miss that deadline and § 143-225(B)(3)(a) lets the Administrator order all land-disturbing work on the site to stop.
Which department runs stormwater permitting in Frederick County?
The Frederick County Public Works Department, designated the Virginia Stormwater Management Program authority under § 143-105(C) of the County Code. It also covers the Towns of Middletown and Stephens City under the same program.

Sources & Official References

Other rules in Frederick County

All Frederick County rules

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