Herndon, VA Environmental Rules: Stormwater Management (2026)

Stormwater management in Herndon is regulated under the Virginia Stormwater Management Act (VA Code §62.1-44.15:24 et seq.), the Chesapeake Bay Preservation Act (VA Code §62.1-44.15:67 et seq.), and the Town of Herndon Stormwater Management Ordinance (Chapter 62). Herndon lies within the Chesapeake Bay watershed via the Potomac River, making stormwater controls particularly stringent. Any land-disturbing activity of 2,500 square feet or greater in a Chesapeake Bay Preservation Area or 10,000 square feet or greater elsewhere triggers a VSMP permit requirement. Applicants must submit an Erosion and Sediment Control (ESC) plan prepared and stamped by a Virginia-licensed professional engineer, along with a Stormwater Management (SWM) plan showing post-construction best management practices. Common BMPs include bioretention (rain gardens), permeable pavement, dry and wet ponds, extended detention basins, and grass swales. Post-construction stormwater controls must achieve phosphorus load reductions per the Virginia Runoff Reduction Method. Resource Protection Areas (RPAs) extend 100 feet landward from perennial streams including Sugarland Run and Horsepen Creek, plus non-tidal wetlands. Within RPAs, land disturbance is heavily restricted; only water-dependent facilities, redevelopment of existing improved areas, and limited allowed uses are permitted. Resource Management Areas (RMAs) extend further and have less restrictive but still meaningful limits. Homeowners cannot discharge pollutants, yard waste, used oil, pet waste, or other materials into storm drains, which flow untreated to local streams. Violations of the stormwater ordinance can result in daily fines up to 32,500 dollars under state law and stop-work orders.