Loudoun County, VA Environmental Rules: Stormwater Management (2026)
Key Facts
- Small-disturbance threshold
- under 5,000 sq ft: LD Permit + ESC Plan
- Mid threshold
- 5,000 sq ft-1 acre: LD Permit + ESC Plan
- Large threshold
- 1+ acre: adds VESMP Permit + SWM Plan
- First-offense penalty (1+ acre)
- $2,500 civil penalty
- Repeat penalty (1+ acre)
- $5,000 per subsequent offense
- Penalty cap
- $50,000 per violation (sub-acre tier)
- Administering agency
- Dept. of Building and Development
Summary
Loudoun County runs a Virginia Erosion and Stormwater Management Program requiring a Land Disturbance Permit, and often an approved Erosion & Sediment Control Plan or Stormwater Management Plan, before land-disturbing activity begins. Thresholds scale from under 5,000 square feet up to one acre or more.
(e) Virginia Erosion and Stormwater Management Program Established. (1) Pursuant to Section 62.1-44.15:27 et seq. of the Code of Virginia, Loudoun County hereby establishes a VESMP for land-disturbing activities... (2) ... A. Land-disturbing activity shall not be commenced unless and until the following have been met: 1. For land-disturbing activity that disturbs less than 5,000 square feet... Approval of a Land Disturbance Permit... and Approval of an ESC Plan... 3. For land-disturbing activity that disturbs one acre or more of land... Approval of a VESMP Permit application... and Approval of a SWM Plan.
Full Breakdown
Chapter 1096 establishes the County's VESMP under Va. and the state VESMR/VESMA framework, in accordance with the federal Clean Water Act's Phase II NPDES permit program administered by Virginia DEQ, to protect water quality and quantity from soil erosion, sediment deposition and unmanaged stormwater. 01(e)(2) tiers the approvals a project needs by disturbance size: under 5,000 square feet needs a Land Disturbance Permit plus an approved Erosion and Sediment Control (ESC) Plan or an Agreement in Lieu of one; 5,000 square feet up to one acre outside a common plan of development needs the same two approvals; and one acre or more, or 5,000 square feet to one acre that is part of a larger common plan of development reaching one acre, additionally needs an approved VESMP Permit application and a Stormwater Management (SWM) Plan or an Agreement in Lieu of one.
03. The Administrator enforces through a Notice to Comply specifying required corrective action and a deadline, and can escalate to a Stop Work Order, or, where there is imminent danger of harmful erosion or water-quality impact, an Emergency Stop Work Order issued without advance notice, appealable at a hearing requested within ten days.
Violations & Fines
Civil penalties scale with disturbance size: for one acre or more (or a common plan reaching one acre), $2,500 for a first offense and $5,000 for each subsequent offense; for 5,000 square feet up to one acre outside a common plan, $2,000 for a first offense and $4,000 for each subsequent offense, capped at $50,000 total per violation. Covered violations include starting work without an approved SWM Plan, SWPPP or VESMP Permit registration, an incomplete SWPPP, failing to install or maintain required stormwater BMPs, missed inspections, and disobeying a Stop Work Order.
Frequently Asked Questions
Do I need a permit to disturb land for a home project in Loudoun County?
At what point do I need a full Stormwater Management Plan?
What can the County do if I start grading without a permit?
How much can I be fined for stormwater violations?
Sources & Official References
Other rules in Loudoun County
Compare Loudoun County to another location·View the Virginia environmental rules overview
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