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Fauquier County, VA Trash & Recycling: Illegal Dumping (2026)

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

Key Facts

Open dumps
Prohibited outright under § 10-14
Penalty
Up to $2,500 fine and/or 30 days jail
Continuing violation
Each day is a separate offense
Enforcement
Dept. of Environmental Services, Sheriff's Office
Permit misuse
Out-of-county dumping also a misdemeanor

Summary

Unincorporated Fauquier County bans open dumps outright under Code § 10-14, and using a county solid waste permit to dispose of trash that originated outside the county is a separate misdemeanor. Violating any part of the solid waste chapter, including illegal dumping, is punishable under the county's general penalty: up to a $2,500 fine, 30 days in jail, or both.

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

Wherever in this Code or in any ordinance or resolution of the county ... any act is prohibited or is declared to be unlawful or any offense or a misdemeanor ... and no specific penalty is provided for the violation thereof, the violation of any such provision of this Code or any such ordinance, resolution, rule, regulation, notice or order shall be punished by a fine of not more than two thousand five hundred dollars ($2,500.00) or by imprisonment for a period of not more than thirty (30) days in jail, or by both such fine and imprisonment. Each day any violations of this Code or any ordinance, resolution, rule, regulation, notice or order shall continue shall constitute a separate offense except as otherwise provided. ... Any person who violates any provision of this ... chapter shall be guilty of a misdemeanor as provided in section 1-7 of the County Code, with penalty as set forth therein. ... Open dumps as defined in the Code of Virginia are prohibited.

Full Breakdown

Section 10-14 of the Fauquier County Code flatly prohibits "open dumps as defined in the Code of Virginia," giving the county's environmental services director and sheriff's office authority to act against any unpermitted dump site in the unincorporated county. Section 10-10(c) separately makes it illegal for a permitted collector to use a Fauquier County solid waste permit to dispose of waste that originated outside the county at the county landfill; a collector caught doing so "shall be guilty of a misdemeanor as provided in section 1-7 of the Fauquier County Code, with penalty as set forth therein." Section 10-11 extends that same misdemeanor treatment to any violation of the solid waste chapter and clarifies that criminal prosecution doesn't block the county from also pursuing a civil action for breach of a landfill use agreement or permit.

Because Chapter 10 doesn't set its own fine amount, the general penalty in § 1-7 applies: a fine of not more than $2,500, imprisonment for not more than thirty days, or both, and each day a violation continues is a separate offense, so an open dump left in place accrues a new offense daily. Enforcement runs primarily through the Department of Environmental Services, with the health department and sheriff's office assisting under § 10-2(a). Anyone illegally dumping trash on private or public land in unincorporated Fauquier County, rather than at a permitted collection site or the sanitary landfill, is exposed to both the criminal penalty and the county's separate civil remedies for landfill-agreement or permit breaches.

Violations & Fines

Open dumping and permit misuse are prosecuted as misdemeanors under §§ 10-11 and 1-7: a fine of up to $2,500, up to 30 days in jail, or both, with each day the dump remains constituting a separate offense. Illegally disposing of out-of-county waste under a Fauquier County permit carries the same misdemeanor penalty and can also trigger permit suspension or revocation.

Frequently Asked Questions

Is it illegal to just dump trash on vacant land in unincorporated Fauquier County?
Yes. Section 10-14 prohibits open dumps as defined by the Code of Virginia anywhere in the county, and violating that ban is a misdemeanor under §§ 10-11 and 1-7, punishable by up to a $2,500 fine, up to 30 days in jail, or both, with each day of the dump a separate offense.
Can a hauler bring waste from outside Fauquier County to the county landfill?
Not under a county permit. Section 10-10(c) makes it illegal for a collector to use a Fauquier County solid waste permit to dispose of waste generated outside the county, and doing so is a misdemeanor under the § 1-7 general penalty.
Who enforces the illegal dumping ban?
The director of environmental services has primary responsibility for enforcing Chapter 10 under § 10-2(a), with the health department and the sheriff's office assisting in enforcement against open dumps and illegal disposal.

Sources & Official References

Other rules in Fauquier County

All Fauquier County rules

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