Do I need a state permit to regrade my yard?

Residential grading under one acre typically needs only a local permit, but altering drainage that harms neighbors can violate common-law nuisance and state water-quality rules.

Who regulates grading on a gas well pad?

The WV DEP Office of Oil and Gas administers grading, erosion control, and reclamation requirements for oil and gas operations under WV Code §22-6A statewide.

West Virginia Grading & Drainage (2026)

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

Source: West Virginia Legislature

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.

West Virginia Grading and Drainage Permit Requirements

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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