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

Sec 8-72 establishes the county's Virginia Erosion and Stormwater Management Program under Va. 15:27 and designates the county administrator or a designee as its Administrator. Sec 8-73 sets the disturbance thresholds that trigger regulation: 10,000 square feet or more (but under an acre and not part of a common plan of development) is subject to the soil erosion and sediment control criteria in the state regulation, while an acre or more, or a smaller parcel that is part of a larger common plan disturbing an acre or more, is also subject to the water quantity and quality technical criteria.

Sec 8-76 states the core prohibition: no person may engage in land-disturbing activity until the county has issued land-disturbance approval, subject to listed exemptions such as home gardening and landscaping, minor utility connection work, septic line repair, and bona fide agricultural clearing. Sec 8-74 requires an applicant to submit a soil erosion control and stormwater management plan, or a qualifying agreement in lieu of a plan, and the name of a certified Responsible Land Disturber, before starting work. Sec 8-75 gives the county 15 days to determine an application complete and 60 days to act on it once complete.

Sec 8-86 backs the program with civil penalties reaching $32,500 per violation for one-acre-plus disturbances and up to $5,000 per violation (capped at $50,000) for smaller regulated sites, plus a misdemeanor penalty of up to 12 months in jail and a $2,500 to $32,500 fine for willful or negligent violations.