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

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

Key Facts

Permit required for
Any land-disturbing activity
Permitting authority
County Administrator (director, EDS)
Small-lot exemption
Under 2,500 sq. ft. disturbed
Post-construction inspection
At least once every 5 years
Max civil penalty
$32,500 per violation per day
Fee range
$290 to $9,600 by disturbed acreage

Summary

York County, Virginia runs its own Virginia Stormwater Management Program (VSMP) under Chapter 23.3, adopting the state's stormwater regulations under Sec. 23.3-3. No person may begin a land-disturbing activity until the Administrator, the director of Environmental and Development Services, issues a VSMP permit under Sec. 23.3-5, and violators face civil penalties up to $32,500 per day.

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

(a)Pursuant to the Virginia Stormwater Management Law, Title 62.1, Chapter 3.1, Article 2.3 of the Code of Virginia, the county hereby adopts the regulations, references, guidelines, standards and specifications ... promulgated by the Virginia State Water Control Board, as such may be amended from time to time, for the effective management of stormwater to prevent the unreasonable degradation of properties and other natural resources in the form of water pollution, stream channel erosion, depletion of ground water resources and more frequent localized flooding. ... (a)Except as provided herein, no person may engage in any land-disturbing activity until a VSMP authority permit has been issued by the Administrator in accordance with the provisions of this chapter. ... (d)Any person who violates any provision of this chapter or who fails, neglects, or refuses to comply with any order of the Administrator, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.

Full Breakdown

Sec. 23.3-3(a) adopts the Virginia Stormwater Management Law and its regulations, references, guidelines, standards, and specifications as the county's local program, aimed at preventing unreasonable degradation of properties from water pollution, stream channel erosion, groundwater depletion, and localized flooding; the director of the Department of Environmental and Development Services, or a designee, is named the county's Administrator to enforce the chapter. Sec. 23.3-5(a) sets the applicability rule: no person may engage in any land-disturbing activity until a VSMP authority permit is issued, and that requirement reaches every subdivision, site plan, and building permit application, plus smaller activities that are part of a larger common plan of development.

Sec. 23.3-5(e) exempts specific narrow activities, including single-family residences not part of a larger development that disturb less than 25,000 square feet, and any project disturbing less than 2,500 square feet. Sec. 23.3-10 blocks permit issuance until the applicant submits an approved erosion and sediment control plan, a compliant stormwater management plan under Sec. 23.3-14, required fees under Sec. 23.3-30, and any performance bond required under Sec. 23.3-31. Sec. 23.3-20 gives the Administrator inspection authority during construction and requires post-construction inspection of stormwater facilities at least once every five years.

Table 1 under Sec. 23.3-30 sets permit fees ranging from $290 for a small Chesapeake Bay Act site under an acre up to $9,600 for large construction activity disturbing 100 acres or more.

Violations & Fines

Sec. 23.3-29(d) subjects any person who violates the chapter, or who fails to comply with an Administrator's order, to a civil penalty not to exceed $32,500 for each violation, with each day of continuing violation a separate offense; the same subsection lists no state permit registration, no or incomplete SWPPP, failure to install required BMPs or erosion controls, and missed inspections as specific chargeable violations. Sec. 23.3-29(e) additionally makes willful or negligent violations a misdemeanor punishable by up to 12 months in jail or a fine of $2,500 to $32,500, or both.

Frequently Asked Questions

Do I need a permit before disturbing land in York County?
Yes, in almost every case. Sec. 23.3-5(a) bars any land-disturbing activity until the Administrator issues a VSMP authority permit, and this reaches subdivision, site plan, and building permit applications, with narrow exemptions like single-family lots disturbing less than 25,000 square feet.
Who enforces York County's stormwater program?
Sec. 23.3-3(c) names the director of the county's Department of Environmental and Development Services, or a designee, as the Administrator responsible for administering and enforcing the chapter, including inspections and standards approval by the Board of Supervisors.
What is the maximum fine for a stormwater violation in York County?
Sec. 23.3-29(d) allows a civil penalty of up to $32,500 per violation, with each day counted separately, and Sec. 23.3-29(e) makes a willful or negligent violation a misdemeanor punishable by up to 12 months in jail or a fine of $2,500 to $32,500.

Sources & Official References

Other rules in York County

All York County rules

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