Virginia Statewide Rule

Virginia Erosion and Sediment Control Statewide Program

Heavy RestrictionsApplies statewide across Virginia (2026)

Virginia's Erosion and Sediment Control Law requires erosion plans and approved control measures for regulated land-disturbing activities, with technical standards uniform across all local programs.

Key Facts

Statute: Va. Code 62.1-44.15:51
Standard Threshold: 10,000 sq ft
Bay Area Threshold: 2,500 sq ft
Regulator: Virginia DEQ

Source: Virginia Legislative Information System

Full Breakdown

Va. Code Section 62.1-44.15:51 et seq. and 9VAC25-840 require approved erosion and sediment control plans before any land-disturbing activity of 10,000 square feet or more (2,500 square feet in Chesapeake Bay Preservation Act areas). Plans must conform to the Virginia Erosion and Sediment Control Handbook minimum standards. Localities administer Virginia Erosion and Stormwater Management Programs (VESMP) under DEQ oversight. Certified responsible land disturbers must be on site for projects requiring an approved plan.

Violations & Penalties

Land disturbance without an approved plan is enforceable by stop-work orders, civil penalties up to $32,500 per day, and criminal misdemeanors for willful violations.

Frequently Asked Questions

Do I need an erosion control plan to clear my own property?

If you disturb 10,000 square feet or more (2,500 in Bay Act jurisdictions), yes. Smaller agricultural and single-family residence exemptions exist under 62.1-44.15:56.

Who certifies my erosion control plan?

The local VESMP authority approves plans. A certified Responsible Land Disturber must oversee implementation for any project requiring an approved plan.

Sources

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Full Breakdown

Frequently Asked Questions

Do I need an erosion control plan to clear my own property?

If you disturb 10,000 square feet or more (2,500 in Bay Act jurisdictions), yes. Smaller agricultural and single-family residence exemptions exist under 62.1-44.15:56.

Who certifies my erosion control plan?

The local VESMP authority approves plans. A certified Responsible Land Disturber must oversee implementation for any project requiring an approved plan.