West Virginia Statewide Rule
West Virginia Grading and Drainage Permit Requirements
Key Facts
- Stormwater rule
- WV Code §22-11
- Mining grading
- WV Code §22-3
- Building code
- WV Code §29-3-5b
- Drainage standard
- IRC positive slope
- Permit trigger
- 1 acre disturbance
Summary
West Virginia regulates land grading and drainage through DEP construction stormwater rules in WV Code §22-11, surface mining and oil-and-gas earthwork rules in §22-3 and §22-6A, and statewide building code adoption under §29-3-5b.
An erosion and sediment control plan shall accompany each application for a well work permit except for a well work permit to plug or replug any well. Such plan shall contain methods of stabilization and drainage, including a map of the project area indicating the amount of acreage disturbed. The erosion and sediment control plan shall meet the minimum requirements of the West Virginia erosion and sediment control manual as adopted and from time to time amended by the division, in consultation with the several soil conservation districts pursuant to the control program established in this state through section 208 of the federal Water Pollution Control Act Amendments of 1972 (33 U.S.C.1288). The erosion and sediment control plan shall become part of the terms and conditions of a well work permit, except for a well work permit to plug or replug any well, which is issued and the provisions of the plan shall be carried out where applicable in the operation. The erosion and sediment control plan shall set out the proposed method of reclamation which shall comply with the requirements of section thirty of this article.
Full Breakdown
Grading projects disturbing one or more acres must obtain WV/NPDES Construction Stormwater coverage with stabilization deadlines, sediment barriers, and outlet protection. The State Building Code adopted by the State Fire Commission references the International Residential Code, which governs lot drainage requiring positive slope away from foundations and proper finished-grade swales. Surface mining grading is regulated under §22-3 with approximate-original-contour reclamation. Oil-and-gas pad construction under §22-6A imposes erosion and sediment controls. Local grading ordinances may add detail but must respect state preemption over mining and energy operations.
Violations & Penalties
Grading without required permits or violating reclamation standards may trigger WVDEP stop-work orders, civil penalties, and required restoration of natural drainage.
Frequently Asked Questions
Do I need a state permit to regrade my yard?
Who regulates grading on a gas well pad?
Sources
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