James City County, VA Environmental Rules: Stormwater Management (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.
(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?
How long does the county have to review my stormwater plan?
How often do inspectors visit an active construction site?
What's the penalty for starting land-disturbing work without approval?
Sources & Official References
Other rules in James City County
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