Virginia Statewide Rule

Virginia Erosion and Sediment Control Statewide Program

Heavy RestrictionsApplies statewide across Virginia (2026)

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

Last verified: August 20, 2026Source: Virginia Legislative Information System

Summary

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.

§ 62.1-44.15:55 . Regulated land-disturbing activities; submission and approval of erosion and sediment control plan. A. Except as provided in § 62.1-44.15:31 for a land-disturbing activity conducted by a state agency, federal entity, or other specified entity, no person shall engage in any land-disturbing activity until (i) he has submitted to the VESCP authority an erosion and sediment control plan for the land-disturbing activity and the plan has been reviewed and approved and (ii) where Virginia Pollutant Discharge Elimination System permit coverage is required, the VESCP authority has obtained evidence of such permit coverage from the Department's online reporting system prior to issuing its land-disturbance approval. A VESCP authority may enter into an agreement with an adjacent VESCP or VESMP authority regarding the administration of multijurisdictional projects specifying who shall be responsible for all or part of the administrative procedures. Should adjacent authorities fail to come to such an agreement, each shall be responsible for administering the area of the multijurisdictional project that lies within its jurisdiction.

Source: Virginia Legislative Information SystemView official code

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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