Skip to main content
CityRuleLookup

James City County, VA Environmental Rules: Stormwater Management (2026)

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

Key Facts

Program
County-run Virginia Erosion and Stormwater Management Program
Administrator
Director, Stormwater and Resource Protection Division
Plan review deadline
Complete check in 15 days, act within 60
Site inspection frequency
Every 2 weeks, plus 48 hrs after storms
Facility inspection minimum
Once every 5 years
Unapproved-start penalty
$1,000.00 per day, capped at $10,000.00

Summary

James City County runs its own Virginia Erosion and Stormwater Management Program (VESMP) through the Stormwater and Resource Protection Division, requiring an approved plan before most land-disturbing activity begins. Plans must be reviewed within 60 days, active sites inspected every two weeks, and violators face civil penalties up to $1,000.00 per day.

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

(a)This chapter shall be known as the "Erosion and Stormwater Management Ordinance of James City County."(b)The purpose of this ordinance is to ensure the general health, safety, and welfare of the citizens of James City County, protect the quality and quantity of state waters from the potential harm of unmanaged stormwater and soil erosion, including protection from a land disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced.(c)This ordinance is authorized by § 62.1-44.15:27 of the Code of Virginia.

Full Breakdown

15:27 of the Code of Virginia and aims to protect water quality and quantity from unmanaged stormwater and erosion. Section 8-3 designates the county as the VESMP authority and names the Director of the Stormwater and Resource Protection Division as its administrator. Under section 8-5, anyone conducting a land-disturbing activity must submit a soil erosion control and stormwater management (ESM) plan, name an individual holding a Responsible Land Disturber certificate, and obtain land-disturbance approval before starting work; the county must post a performance surety requirement before issuing that approval.

Section 8-6 gives the county 15 days to check an application for completeness and 60 days after that to act, with 45 days to act on a resubmitted denial. Section 8-9 requires the stormwater management plan to identify discharge points, drainage areas, proposed facilities, hydrologic computations, and site maps showing floodplains, wetlands, and RPAs, with final calculations sealed by a Virginia-licensed professional. Once construction starts, section 8-15 requires the county to inspect active sites either every two weeks and within 48 hours of any runoff-producing storm, or under a department-approved alternative program, and permanent stormwater facilities must be inspected at least once every five years after completion.

Long-term maintenance obligations for permanent facilities are recorded against the land under section 8-14, running with the property and binding future owners. Fees for plan review, inspection, and general permit coverage are set in Appendix A under section 8-21, and appeals from administrator decisions go to the board of supervisors under section 8-16 before the circuit court under section 8-17.

Violations & Fines

Commencing land-disturbing activity without an approved plan draws a civil penalty of $1,000.00 per day under section 8-20(a), and most other technical violations, from missing vegetative or structural erosion controls to ignoring a stop-work order, carry $100.00 to $1,000.00 per day, capped at $10,000.00 for a related set of violations. Willful or negligent violations of the ordinance, an administrator's order, or a permit condition are a misdemeanor punishable by up to 12 months in jail and a fine of $2,500.00 to $32,500.00 under section 8-19(d).

Frequently Asked Questions

Which county office runs stormwater review in James City County?
The Director of the Stormwater and Resource Protection Division, who serves as the administrator of the county's Virginia Erosion and Stormwater Management Program (VESMP) established under section 8-3 to review plans, issue land-disturbance approvals, and enforce the ordinance.
How long does the county have to review my stormwater plan?
The county must determine whether an application is complete within 15 days of receipt and act on a complete application within 60 days; a resubmitted, previously denied application gets a decision within 45 days of resubmittal, per section 8-6.
How often do inspectors visit an active construction site?
At least once during or right after initial installation of erosion controls, then at least once every two-week period, within 48 hours of any runoff-producing storm, and again before any performance bond is released, unless the county has an approved alternative inspection program.
What's the penalty for starting land-disturbing work without approval?
A civil penalty of $1,000.00 per day, though a series of violations from the same set of facts cannot exceed $10,000.00 total; willful or negligent violations can also be prosecuted as a misdemeanor carrying up to 12 months in jail and fines up to $32,500.00.

Sources & Official References

Other rules in James City County

All James City County rules

Compare James City County to another location·View the Virginia environmental rules overview

Get notified when Stormwater Management in James City County, VA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.