Hanover County, VA Environmental Rules: Stormwater Management (2026)
Key Facts
- Permit trigger (outside CBPA)
- 10,000 sq ft or more disturbed
- Permit trigger (inside CBPA)
- 2,500 sq ft or more disturbed
- Civil penalty
- Up to $32,500.00 per violation per day
- Criminal penalty
- Up to 12 months jail, $2,500-$32,500 fine
- Administering authority
- Director of Public Works (VESMP authority)
Summary
Hanover County Code Section 10-7 bars land-disturbing activity until the Virginia Erosion and Stormwater Management Program authority issues a land-disturbance permit, and Section 10-5 sets the size thresholds, generally 10,000 square feet outside Chesapeake Bay Preservation Areas or 2,500 square feet inside them, that trigger the permit and technical review.
(a)The purpose of this article is to (1) ensure the general health, safety, and welfare of the county's residents; (2) protect water quality, stream channels, other natural resources, and the quality and quantity of state waters from the potential harm of unmanaged stormwater and soil erosion, including protection from land-disturbing activity causing unreasonable degradation of properties; and (3) establish procedures whereby erosion and sediment controls and stormwater requirements related to water quality and quantity shall be administered and enforced. ... Except as provided herein, no person may engage in any land-disturbing activity until a land disturbance permit has been issued by the VESMP authority in accordance with the provisions of this article and the Regulations. ... shall be subject to a civil penalty not to exceed thirty-two thousand five hundred dollars ($32,500.00) for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.
Full Breakdown
15:27. Section 10-5(a) sets the activity thresholds that pull a project into regulation: land disturbance of 10,000 square feet or more but less than 1 acre outside a Chesapeake Bay Preservation Area triggers soil erosion and water quantity criteria; disturbance of 2,500 square feet or more but less than 1 acre inside a Chesapeake Bay Preservation Area triggers soil erosion plus water quantity and quality criteria; and disturbance of 1 acre or more is regulated regardless of location. Section 10-5(b) exempts minor activities such as home gardening, individual home landscaping, utility line repairs on existing hard-surfaced roads, and bona fide agricultural clearing.
Section 10-7 requires a land-disturbance permit from the VESMP authority before any regulated activity begins, and separately bars a building permit until a licensed engineer or surveyor calculates the effect of the 100-year storm on the proposed building and confirms the lowest finished floor sits at least 1 foot above the 100-year flood elevation; residential building permit applications must include a grading plan showing existing topography, proposed grading, flood elevations and erosion controls, prepared by a licensed professional. Section 10-6(a) gives the VESMP authority 15 days to determine an application complete and 60 days to act on it once complete.
Violations & Fines
Section 10-17(c) subjects anyone who violates the VESMP program, its regulations, this article or a permit condition to a civil penalty of up to $32,500.00 per violation, with each day of continuing violation a separate offense, collectible through the Hanover County District or Circuit Court. Section 10-17(d) makes a willful or negligent violation a misdemeanor punishable by up to 12 months in jail, a fine of $2,500.00 to $32,500.00, or both, and the VESMP authority may also issue a stop-work order under Section 10-17(a)(2).
Frequently Asked Questions
When does a Hanover County project need a stormwater permit?
What building permit condition applies because of flooding?
What are the penalties for skipping the permit?
Sources & Official References
Other rules in Hanover County
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