{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_34.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_34.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_34.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_34.html"}],"law_id":87045,"edition_id":1,"section_id":87045,"structure_id":13470,"section_number":"62.1-44.15:34","catch_line":"Regulated activities; submission and approval of a permit application; security for performance; exemptions","history":"1989, cc. 467, 499, \u00a7 10.1-603.8; 1994, cc. 605, 898; 2004, c. 372; 2011, c. 400; 2012, cc. 785, 819; 2013, cc. 756, 793; 2014, cc. 303, 598; 2016, cc. 68, 758; 2023, cc. 48, 49.","full_text":"A\n\nA person shall not conduct any land-disturbing activity until (i) he has submitted to the appropriate VESMP authority an application that includes a permit registration statement, if required, a soil erosion control and stormwater management plan or an executed agreement in lieu of a plan, if required, and (ii) the VESMP authority has issued its land-disturbance approval. In addition, as a prerequisite to engaging in an approved land-disturbing activity, the name of the individual who will be assisting the owner in carrying out the activity and holds a Responsible Land Disturber certificate pursuant to \u00a7 62.1-44.15:30 shall be submitted to the VESMP authority. Any VESMP authority may waive the Responsible Land Disturber certificate requirement for an agreement in lieu of a plan; however, if a violation occurs during the land-disturbing activity, then the owner shall correct the violation and provide the name of the individual holding a Responsible Land Disturber certificate as provided by \u00a7 62.1-14:30. Failure to provide the name of an individual holding a Responsible Land Disturber certificate prior to engaging in land-disturbing activities may result in revocation of the land-disturbance approval and shall subject the owner to the penalties provided in this article.1\n\nA VESMP authority that is implementing its program pursuant to subsection A of § 62.1-44.15:27 or subdivision B 1 of § 62.1-44.15:27 shall determine the completeness of any application within 15 days after receipt, and shall act on any application within 60 days after it has been determined by the VESMP authority to be complete. The VESMP authority shall issue either land-disturbance approval or denial and provide written rationale for any denial. Prior to issuing a land-disturbance approval, a VESMP authority shall be required to obtain evidence of permit coverage when such coverage is required. The VESMP authority also shall determine whether any resubmittal of a previously disapproved application is complete within 15 days after receipt and shall act on the resubmitted application within 45 days after receipt.2\n\nA VESMP authority implementing its program in coordination with the Department pursuant to subdivision B 2 of § 62.1-44.15:27 shall determine the completeness of any application within 15 days after receipt, and shall act on any application within 60 days after it has been determined by the VESMP authority to be complete. The VESMP authority shall forward a soil erosion control and stormwater management plan to the Department for review within five days of receipt. If the plan is incomplete, the Department shall return the plan to the locality immediately and the application process shall start over. If the plan is complete, the Department shall review it for compliance with the water quality and water quantity technical criteria and provide its recommendation to the VESMP authority. The VESMP authority shall either (i) issue the land-disturbance approval or (ii) issue a denial and provide a written rationale for the denial. In no case shall a locality have more than 60 days for its decision on an application after it has been determined to be complete. Prior to issuing a land-disturbance approval, a VESMP authority shall be required to obtain evidence of permit coverage when such coverage is required.\n\t\t\t\tThe VESMP authority also shall forward to the Department any resubmittal of a previously disapproved application within five days after receipt, and the VESMP authority shall determine whether the plan is complete within 15 days of its receipt of the plan. The Department shall review the plan for compliance with the water quality and water quantity technical criteria and provide its recommendation to the VESMP authority, and the VESMP authority shall act on the resubmitted application within 45 days after receipt.3\n\nWhen a state agency or federal entity submits a soil erosion control and stormwater management plan for a project, land disturbance shall not commence until the Board has reviewed and approved the plan and has issued permit coverage when it is required.\n\t\t\t\ta. The Board shall not approve a soil erosion control and stormwater management plan submitted by a state agency or federal entity for a project involving a land-disturbing activity (i) in any locality that has not adopted a local program with more stringent ordinances than those of the state program or (ii) in multiple jurisdictions with separate local programs, unless the plan is consistent with the requirements of the state program.\n\t\t\t\tb. The Board shall not approve a soil erosion control and stormwater management plan submitted by a state agency or federal entity for a project involving a land-disturbing activity in one locality with a local program with more stringent ordinances than those of the state program, unless the plan is consistent with the requirements of the local program.\n\t\t\t\tc. If onsite changes occur, the state agency or federal entity shall submit an amended soil erosion control and stormwater management plan to the Department.\n\t\t\t\td. The state agency or federal entity responsible for the land-disturbing activity shall ensure compliance with the approved plan. As necessary, the Board shall provide project oversight and enforcement.4\n\nPrior to issuance of any land-disturbance approval, the VESMP authority may also require an applicant, excluding state agencies and federal entities, to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the VESMP authority, to ensure that measures could be taken by the VESMP authority at the applicant’s expense should he fail, after proper notice, within the time specified to comply with the conditions imposed by the VESMP authority as a result of his land-disturbing activity. If the VESMP authority takes such action upon such failure by the applicant, the VESMP authority may collect from the applicant the difference should the amount of the reasonable cost of such action exceed the amount of the security held. Within 60 days of the completion of the VESMP authority’s conditions, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated.B\n\nThe VESMP authority may require changes to an approved soil erosion control and stormwater management plan in the following cases:1\n\nWhere inspection has revealed that the plan is inadequate to satisfy applicable regulations or ordinances; or2\n\nWhere the owner finds that because of changed circumstances or for other reasons the plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article, are agreed to by the VESMP authority and the owner.C\n\nIn order to prevent further erosion, a VESMP authority may require approval of a soil erosion control and stormwater management plan for any land identified as an erosion impact area by the VESMP authority.D\n\nA VESMP authority may enter into an agreement with an adjacent VESMP authority regarding the administration of multijurisdictional projects, specifying who shall be responsible for all or part of the administrative procedures. Should adjacent VESMP authorities fail to reach such an agreement, each shall be responsible for administering the area of the multijurisdictional project that lies within its jurisdiction.E\n\nThe following requirements shall apply to land-disturbing activities in the Commonwealth:1\n\nAny land-disturbing activity that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or greater of land disturbance may, in accordance with regulations adopted by the Board, be required to obtain permit coverage.2\n\nFor a land-disturbing activity occurring in an area not designated as a Chesapeake Bay Preservation Area subject to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.):\n\t\t\t\ta. Soil erosion control requirements and water quantity technical criteria adopted pursuant to this article shall apply to any activity that disturbs 10,000 square feet or more, although the locality may reduce this regulatory threshold to a smaller area of disturbed land. A plan addressing these requirements shall be submitted to the VESMP authority in accordance with subsection A. This subdivision shall also apply to additions or modifications to existing single-family detached residential structures.\n\t\t\t\tb. Soil erosion control requirements and water quantity and water quality technical criteria shall apply to any activity that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or greater of land disturbance, although the locality may reduce this regulatory threshold to a smaller area of disturbed land. A plan addressing these requirements shall be submitted to the VESMP authority in accordance with subsection A.3\n\nFor a land-disturbing activity occurring in an area designated as a Chesapeake Bay Preservation Area subject to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.):\n\t\t\t\ta. Soil erosion control and water quantity and water quality technical criteria shall apply to any land-disturbing activity that disturbs 2,500 square feet or more of land, other than a single-family detached residential structure. However, the governing body of any affected locality may reduce this regulatory threshold to a smaller area of disturbed land. A plan addressing these requirements shall be submitted to the VESMP authority in accordance with subsection A.\n\t\t\t\tb. For land-disturbing activities for single-family detached residential structures, soil erosion control and water quantity technical criteria shall apply to any land-disturbing activity that disturbs 2,500 square feet or more of land, and the locality also may require compliance with the water quality technical criteria. A plan addressing these requirements shall be submitted to the VESMP authority in accordance with subsection A.F\n\nNotwithstanding any other provisions of this article, the following activities are not required to comply with the requirements of this article unless otherwise required by federal law:1\n\nMinor land-disturbing activities, including home gardens and individual home landscaping, repairs, and maintenance work;2\n\nInstallation, maintenance, or repair of any individual service connection;3\n\nInstallation, maintenance, or repair of any underground utility line when such activity occurs on an existing hard surfaced road, street, or sidewalk, provided the land-disturbing activity is confined to the area of the road, street, or sidewalk that is hard surfaced;4\n\nInstallation, maintenance, or repair of any septic tank line or drainage field unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system;5\n\nPermitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.2;6\n\nClearing of lands specifically for bona fide agricultural purposes; the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops; livestock feedlot operations; agricultural engineering operations, including construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; or as additionally set forth by the Board in regulations. However, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163;7\n\nInstallation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;8\n\nShoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto;9\n\nRepair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company;10\n\nLand-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VESMP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of subsection A is required within 30 days of commencing the land-disturbing activity; and11\n\nDischarges to a sanitary sewer or a combined sewer system that are not from a land-disturbing activity.G\n\nNotwithstanding any other provision of this article, the following activities are required to comply with the soil erosion control requirements but are not required to comply with the water quantity and water quality technical criteria, unless otherwise required by federal law:1\n\nActivities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use;2\n\nRoutine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and3\n\nDischarges from a land-disturbing activity to a sanitary sewer or a combined sewer system.","order_by":null,"text":{"0":{"id":311692,"text":"A person shall not conduct any land-disturbing activity until (i) he has submitted to the appropriate VESMP authority an application that includes a permit registration statement, if required, a soil erosion control and stormwater management plan or an executed agreement in lieu of a plan, if required, and (ii) the VESMP authority has issued its land-disturbance approval. In addition, as a prerequisite to engaging in an approved land-disturbing activity, the name of the individual who will be assisting the owner in carrying out the activity and holds a Responsible Land Disturber certificate pursuant to \u00a7 62.1-44.15:30 shall be submitted to the VESMP authority. Any VESMP authority may waive the Responsible Land Disturber certificate requirement for an agreement in lieu of a plan; however, if a violation occurs during the land-disturbing activity, then the owner shall correct the violation and provide the name of the individual holding a Responsible Land Disturber certificate as provided by \u00a7 62.1-14:30. Failure to provide the name of an individual holding a Responsible Land Disturber certificate prior to engaging in land-disturbing activities may result in revocation of the land-disturbance approval and shall subject the owner to the penalties provided in this article.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":311693,"text":"A VESMP authority that is implementing its program pursuant to subsection A of § 62.1-44.15:27 or subdivision B 1 of § 62.1-44.15:27 shall determine the completeness of any application within 15 days after receipt, and shall act on any application within 60 days after it has been determined by the VESMP authority to be complete. The VESMP authority shall issue either land-disturbance approval or denial and provide written rationale for any denial. Prior to issuing a land-disturbance approval, a VESMP authority shall be required to obtain evidence of permit coverage when such coverage is required. The VESMP authority also shall determine whether any resubmittal of a previously disapproved application is complete within 15 days after receipt and shall act on the resubmitted application within 45 days after receipt.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":311694,"text":"A VESMP authority implementing its program in coordination with the Department pursuant to subdivision B 2 of § 62.1-44.15:27 shall determine the completeness of any application within 15 days after receipt, and shall act on any application within 60 days after it has been determined by the VESMP authority to be complete. The VESMP authority shall forward a soil erosion control and stormwater management plan to the Department for review within five days of receipt. If the plan is incomplete, the Department shall return the plan to the locality immediately and the application process shall start over. If the plan is complete, the Department shall review it for compliance with the water quality and water quantity technical criteria and provide its recommendation to the VESMP authority. The VESMP authority shall either (i) issue the land-disturbance approval or (ii) issue a denial and provide a written rationale for the denial. In no case shall a locality have more than 60 days for its decision on an application after it has been determined to be complete. Prior to issuing a land-disturbance approval, a VESMP authority shall be required to obtain evidence of permit coverage when such coverage is required.\n\t\t\t\tThe VESMP authority also shall forward to the Department any resubmittal of a previously disapproved application within five days after receipt, and the VESMP authority shall determine whether the plan is complete within 15 days of its receipt of the plan. The Department shall review the plan for compliance with the water quality and water quantity technical criteria and provide its recommendation to the VESMP authority, and the VESMP authority shall act on the resubmitted application within 45 days after receipt.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":311695,"text":"When a state agency or federal entity submits a soil erosion control and stormwater management plan for a project, land disturbance shall not commence until the Board has reviewed and approved the plan and has issued permit coverage when it is required.\n\t\t\t\ta. The Board shall not approve a soil erosion control and stormwater management plan submitted by a state agency or federal entity for a project involving a land-disturbing activity (i) in any locality that has not adopted a local program with more stringent ordinances than those of the state program or (ii) in multiple jurisdictions with separate local programs, unless the plan is consistent with the requirements of the state program.\n\t\t\t\tb. The Board shall not approve a soil erosion control and stormwater management plan submitted by a state agency or federal entity for a project involving a land-disturbing activity in one locality with a local program with more stringent ordinances than those of the state program, unless the plan is consistent with the requirements of the local program.\n\t\t\t\tc. If onsite changes occur, the state agency or federal entity shall submit an amended soil erosion control and stormwater management plan to the Department.\n\t\t\t\td. The state agency or federal entity responsible for the land-disturbing activity shall ensure compliance with the approved plan. As necessary, the Board shall provide project oversight and enforcement.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":311696,"text":"Prior to issuance of any land-disturbance approval, the VESMP authority may also require an applicant, excluding state agencies and federal entities, to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the VESMP authority, to ensure that measures could be taken by the VESMP authority at the applicant’s expense should he fail, after proper notice, within the time specified to comply with the conditions imposed by the VESMP authority as a result of his land-disturbing activity. If the VESMP authority takes such action upon such failure by the applicant, the VESMP authority may collect from the applicant the difference should the amount of the reasonable cost of such action exceed the amount of the security held. Within 60 days of the completion of the VESMP authority’s conditions, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":311697,"text":"The VESMP authority may require changes to an approved soil erosion control and stormwater management plan in the following cases:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"B1"},"6":{"id":311698,"text":"Where inspection has revealed that the plan is inadequate to satisfy applicable regulations or ordinances; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"7":{"id":311699,"text":"Where the owner finds that because of changed circumstances or for other reasons the plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article, are agreed to by the VESMP authority and the owner.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"8":{"id":311700,"text":"In order to prevent further erosion, a VESMP authority may require approval of a soil erosion control and stormwater management plan for any land identified as an erosion impact area by the VESMP authority.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"9":{"id":311701,"text":"A VESMP authority may enter into an agreement with an adjacent VESMP authority regarding the administration of multijurisdictional projects, specifying who shall be responsible for all or part of the administrative procedures. Should adjacent VESMP authorities fail to reach such an agreement, each shall be responsible for administering the area of the multijurisdictional project that lies within its jurisdiction.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":311702,"text":"The following requirements shall apply to land-disturbing activities in the Commonwealth:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"11":{"id":311703,"text":"Any land-disturbing activity that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or greater of land disturbance may, in accordance with regulations adopted by the Board, be required to obtain permit coverage.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"12":{"id":311704,"text":"For a land-disturbing activity occurring in an area not designated as a Chesapeake Bay Preservation Area subject to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.):\n\t\t\t\ta. Soil erosion control requirements and water quantity technical criteria adopted pursuant to this article shall apply to any activity that disturbs 10,000 square feet or more, although the locality may reduce this regulatory threshold to a smaller area of disturbed land. A plan addressing these requirements shall be submitted to the VESMP authority in accordance with subsection A. This subdivision shall also apply to additions or modifications to existing single-family detached residential structures.\n\t\t\t\tb. Soil erosion control requirements and water quantity and water quality technical criteria shall apply to any activity that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or greater of land disturbance, although the locality may reduce this regulatory threshold to a smaller area of disturbed land. A plan addressing these requirements shall be submitted to the VESMP authority in accordance with subsection A.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"13":{"id":311705,"text":"For a land-disturbing activity occurring in an area designated as a Chesapeake Bay Preservation Area subject to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.):\n\t\t\t\ta. Soil erosion control and water quantity and water quality technical criteria shall apply to any land-disturbing activity that disturbs 2,500 square feet or more of land, other than a single-family detached residential structure. However, the governing body of any affected locality may reduce this regulatory threshold to a smaller area of disturbed land. A plan addressing these requirements shall be submitted to the VESMP authority in accordance with subsection A.\n\t\t\t\tb. For land-disturbing activities for single-family detached residential structures, soil erosion control and water quantity technical criteria shall apply to any land-disturbing activity that disturbs 2,500 square feet or more of land, and the locality also may require compliance with the water quality technical criteria. A plan addressing these requirements shall be submitted to the VESMP authority in accordance with subsection A.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"14":{"id":311706,"text":"Notwithstanding any other provisions of this article, the following activities are not required to comply with the requirements of this article unless otherwise required by federal law:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"F1"},"15":{"id":311707,"text":"Minor land-disturbing activities, including home gardens and individual home landscaping, repairs, and maintenance work;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"16":{"id":311708,"text":"Installation, maintenance, or repair of any individual service connection;","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"17":{"id":311709,"text":"Installation, maintenance, or repair of any underground utility line when such activity occurs on an existing hard surfaced road, street, or sidewalk, provided the land-disturbing activity is confined to the area of the road, street, or sidewalk that is hard surfaced;","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"18":{"id":311710,"text":"Installation, maintenance, or repair of any septic tank line or drainage field unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system;","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"19":{"id":311711,"text":"Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.2;","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"20":{"id":311712,"text":"Clearing of lands specifically for bona fide agricultural purposes; the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops; livestock feedlot operations; agricultural engineering operations, including construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; or as additionally set forth by the Board in regulations. However, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163;","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5","next_prefix":"F7"},"21":{"id":311713,"text":"Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;","type":"section","prefixes":["F","7"],"prefix":"7","entire_prefix":"F7","prefix_anchor":"F7","level":2,"prior_prefix":"F6","next_prefix":"F8"},"22":{"id":311714,"text":"Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto;","type":"section","prefixes":["F","8"],"prefix":"8","entire_prefix":"F8","prefix_anchor":"F8","level":2,"prior_prefix":"F7","next_prefix":"F9"},"23":{"id":311715,"text":"Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company;","type":"section","prefixes":["F","9"],"prefix":"9","entire_prefix":"F9","prefix_anchor":"F9","level":2,"prior_prefix":"F8","next_prefix":"F10"},"24":{"id":311716,"text":"Land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VESMP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of subsection A is required within 30 days of commencing the land-disturbing activity; and","type":"section","prefixes":["F","10"],"prefix":"10","entire_prefix":"F10","prefix_anchor":"F10","level":2,"prior_prefix":"F9","next_prefix":"F11"},"25":{"id":311717,"text":"Discharges to a sanitary sewer or a combined sewer system that are not from a land-disturbing activity.","type":"section","prefixes":["F","11"],"prefix":"11","entire_prefix":"F11","prefix_anchor":"F11","level":2,"prior_prefix":"F10","next_prefix":"G"},"26":{"id":311718,"text":"Notwithstanding any other provision of this article, the following activities are required to comply with the soil erosion control requirements but are not required to comply with the water quantity and water quality technical criteria, unless otherwise required by federal law:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F11","next_prefix":"G1"},"27":{"id":311719,"text":"Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use;","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"28":{"id":311720,"text":"Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"29":{"id":311721,"text":"Discharges from a land-disturbing activity to a sanitary sewer or a combined sewer system.","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2"}},"ancestry":[{"id":13470,"edition_id":1,"name":"Virginia Erosion and Stormwater Management Act (VESMA)","identifier":"2.3","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:44:57","date_modified":"2026-06-26 03:44:57","permalink":{"id":269481,"object_type":"structure","relational_id":13470,"identifier":"2.3","token":"62.1\/3.1\/2.3","url":"\/62.1\/3.1\/2.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71282,"structure_id":13470,"section_number":"62.1-44.15:24","catch_line":"Definitions","url":"\/62.1-44.15_24\/","token":"62.1\/3.1\/2.3\/62.1-44.15_24","metadata":false},{"id":75035,"structure_id":13470,"section_number":"62.1-44.15:25","catch_line":"Further powers and duties of the State Water Control Board","url":"\/62.1-44.15_25\/","token":"62.1\/3.1\/2.3\/62.1-44.15_25","metadata":false},{"id":60262,"structure_id":13470,"section_number":"62.1-44.15:25.1","catch_line":"Additional local authority","url":"\/62.1-44.15_25.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_25.1","metadata":false},{"id":62390,"structure_id":13470,"section_number":"62.1-44.15:26","catch_line":"Repealed","url":"\/62.1-44.15_26\/","token":"62.1\/3.1\/2.3\/62.1-44.15_26","metadata":false},{"id":86687,"structure_id":13470,"section_number":"62.1-44.15:26.1","catch_line":"Termination of Construction General Permit coverage","url":"\/62.1-44.15_26.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_26.1","metadata":false},{"id":81987,"structure_id":13470,"section_number":"62.1-44.15:27","catch_line":"Virginia Programs for Erosion Control and Stormwater Management","url":"\/62.1-44.15_27\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27","metadata":false},{"id":78889,"structure_id":13470,"section_number":"62.1-44.15:27.1","catch_line":"Virginia Stormwater Management Programs administered by the Board","url":"\/62.1-44.15_27.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.1","metadata":false},{"id":75881,"structure_id":13470,"section_number":"62.1-44.15:27.2","catch_line":"Rural Tidewater localities; water quantity technical criteria; tiered approach","url":"\/62.1-44.15_27.2\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.2","metadata":false},{"id":61469,"structure_id":13470,"section_number":"62.1-44.15:27.3","catch_line":"Acceptance of signed and sealed plan in lieu of local plan review","url":"\/62.1-44.15_27.3\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.3","metadata":false},{"id":77656,"structure_id":13470,"section_number":"62.1-44.15:27.4","catch_line":"Department acceptance of plans in lieu of plan review","url":"\/62.1-44.15_27.4\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.4","metadata":false},{"id":59650,"structure_id":13470,"section_number":"62.1-44.15:28","catch_line":"Development of regulations","url":"\/62.1-44.15_28\/","token":"62.1\/3.1\/2.3\/62.1-44.15_28","metadata":false},{"id":64215,"structure_id":13470,"section_number":"62.1-44.15:28.1","catch_line":"Pollutant removal by dredging","url":"\/62.1-44.15_28.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_28.1","metadata":false},{"id":81310,"structure_id":13470,"section_number":"62.1-44.15:29","catch_line":"Virginia Stormwater Management Fund","url":"\/62.1-44.15_29\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29","metadata":false},{"id":57904,"structure_id":13470,"section_number":"62.1-44.15:29.1","catch_line":"Stormwater Local Assistance Fund","url":"\/62.1-44.15_29.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29.1","metadata":false},{"id":54435,"structure_id":13470,"section_number":"62.1-44.15:29.2","catch_line":"Stormwater Local Assistance Fund, estimate of requests","url":"\/62.1-44.15_29.2\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29.2","metadata":false},{"id":63117,"structure_id":13470,"section_number":"62.1-44.15:30","catch_line":"Training and certification","url":"\/62.1-44.15_30\/","token":"62.1\/3.1\/2.3\/62.1-44.15_30","metadata":false},{"id":84021,"structure_id":13470,"section_number":"62.1-44.15:31","catch_line":"Standards and specifications for state agencies, federal entities, and other specified entities","url":"\/62.1-44.15_31\/","token":"62.1\/3.1\/2.3\/62.1-44.15_31","metadata":false},{"id":64929,"structure_id":13470,"section_number":"62.1-44.15:32","catch_line":"Repealed","url":"\/62.1-44.15_32\/","token":"62.1\/3.1\/2.3\/62.1-44.15_32","metadata":false},{"id":76099,"structure_id":13470,"section_number":"62.1-44.15:33","catch_line":"Authorization for more stringent ordinances","url":"\/62.1-44.15_33\/","token":"62.1\/3.1\/2.3\/62.1-44.15_33","metadata":false},{"id":87045,"structure_id":13470,"section_number":"62.1-44.15:34","catch_line":"Regulated activities; 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This law was first created in 1989. The record of its establishment is cataloged in chapters 467 and 499 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapters 605<\/a> and 898<\/a>; in 2004, chapter 372<\/a>; in 2011, chapter 400<\/a>; in 2012, chapters 785<\/a> and 819<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2014, chapters 303<\/a> and 598<\/a>; in 2016, chapters 68<\/a> and 758<\/a>; in 2023, chapters 48<\/a> and 49<\/a>.<\/p>","references":[{"id":61434,"section_number":"33.2-332","catch_line":"Requesting Department of Transportation to hard-surface secondary highways; paving of certain secondary highways within existing rights-of-way; designation as Rural Rustic Road","order_by":null,"url":"\/33.2-332\/"},{"id":81987,"section_number":"62.1-44.15:27","catch_line":"Virginia Programs for Erosion Control and Stormwater Management","order_by":null,"url":"\/62.1-44.15_27\/"},{"id":61469,"section_number":"62.1-44.15:27.3","catch_line":"Acceptance of signed and sealed plan in lieu of local plan review","order_by":null,"url":"\/62.1-44.15_27.3\/"},{"id":77656,"section_number":"62.1-44.15:27.4","catch_line":"Department acceptance of plans in lieu of plan review","order_by":null,"url":"\/62.1-44.15_27.4\/"},{"id":84021,"section_number":"62.1-44.15:31","catch_line":"Standards and specifications for state agencies, federal entities, and other specified entities","order_by":null,"url":"\/62.1-44.15_31\/"},{"id":76099,"section_number":"62.1-44.15:33","catch_line":"Authorization for more stringent ordinances","order_by":null,"url":"\/62.1-44.15_33\/"},{"id":57827,"section_number":"62.1-44.15:52","catch_line":"Virginia Erosion and Sediment Control Program","order_by":null,"url":"\/62.1-44.15_52\/"},{"id":61187,"section_number":"62.1-44.3","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.3\/"}],"refers_to":[{"id":74017,"section_number":"10.1-1100","catch_line":"Department of Forestry; appointment of the State Forester","order_by":null,"url":"\/10.1-1100\/"},{"id":74163,"section_number":"10.1-1163","catch_line":"Exemptions from article","order_by":null,"url":"\/10.1-1163\/"},{"id":81987,"section_number":"62.1-44.15:27","catch_line":"Virginia Programs for Erosion Control and Stormwater Management","order_by":null,"url":"\/62.1-44.15_27\/"},{"id":63117,"section_number":"62.1-44.15:30","catch_line":"Training and certification","order_by":null,"url":"\/62.1-44.15_30\/"},{"id":72347,"section_number":"62.1-44.15:67","catch_line":"Cooperative state-local program","order_by":null,"url":"\/62.1-44.15_67\/"}],"permalink":{"id":269559,"object_type":"law","relational_id":87045,"identifier":"62.1-44.15:34","token":"62.1\/3.1\/2.3\/62.1-44.15_34","url":"\/62.1-44.15_34\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_34\/","token":"62.1\/3.1\/2.3\/62.1-44.15_34","dublin_core":{"Title":"Regulated activities; submission and approval of a permit application; security for performance; exemptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:34","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person<\/span> shall not conduct any land-disturbing activity<\/span> until (i) he has submitted to the appropriate VESMP authority<\/span> an application that includes a permit<\/span> registration statement, if required, a soil erosion control and stormwater management plan<\/span><\/span> or an executed agreement in lieu of a plan<\/span>, if required, and (ii) the VESMP authority<\/span> has issued its land-disturbance approval<\/span>. In addition, as a prerequisite to engaging in an approved land-disturbing activity<\/span>, the name of the individual who will be assisting the owner<\/span> in carrying out the activity and holds a Responsible Land Disturber certificate<\/span> pursuant to \u00a7 62.1-44.15:30<\/a> shall be submitted to the VESMP authority<\/span>. Any VESMP authority<\/span> may waive<\/span> the Responsible Land Disturber certificate<\/span> requirement for an agreement in lieu of a plan<\/span>; however, if a violation occurs during the land-disturbing activity<\/span>, then the owner<\/span> shall correct the violation and provide the name of the individual holding a Responsible Land Disturber certificate<\/span> as provided by \u00a7 62.1-14:30. Failure to provide the name of an individual holding a Responsible Land Disturber certificate<\/span> prior to engaging in land-disturbing activities may result in revocation<\/span> of the land-disturbance approval<\/span> and shall subject the owner<\/span> to the penalties provided in this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A VESMP authority<\/span> that is implementing its program pursuant to subsection A of § 62.1-44.15:27<\/a> or subdivision<\/span> B 1 of § 62.1-44.15:27<\/a> shall determine the completeness of any application within 15 days after receipt, and shall act on any application within 60 days after it has been determined by the VESMP authority<\/span> to be complete. The VESMP authority<\/span> shall issue<\/span> either land-disturbance approval<\/span> or denial and provide written rationale for any denial. Prior to issuing a land-disturbance approval<\/span>, a VESMP authority<\/span> shall be required to obtain evidence<\/span> of permit<\/span> coverage when such coverage is required. The VESMP authority<\/span> also shall determine whether any resubmittal of a previously disapproved application is complete within 15 days after receipt and shall act on the resubmitted application within 45 days after receipt. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A VESMP authority<\/span> implementing its program in coordination with the Department<\/span> pursuant to subdivision<\/span> B 2 of § 62.1-44.15:27<\/a> shall determine the completeness of any application within 15 days after receipt, and shall act on any application within 60 days after it has been determined by the VESMP authority<\/span> to be complete. The VESMP authority<\/span> shall forward a soil erosion control and stormwater management plan<\/span><\/span> to the Department<\/span> for review within five days of receipt. If the plan is incomplete, the Department<\/span> shall return the plan to the locality immediately and the application process shall start over. If the plan is complete, the Department<\/span> shall review it for compliance with the water quality and water quantity technical criteria<\/span> and provide its recommendation to the VESMP authority<\/span>. The VESMP authority<\/span> shall either (i) issue<\/span> the land-disturbance approval<\/span> or (ii) issue<\/span> a denial and provide a written rationale for the denial. In no case shall a locality have more than 60 days for its decision on an application after it has been determined to be complete. Prior to issuing a land-disturbance approval<\/span>, a VESMP authority<\/span> shall be required to obtain evidence<\/span> of permit<\/span> coverage when such coverage is required.\n\t\t\t\tThe VESMP authority<\/span> also shall forward to the Department<\/span> any resubmittal of a previously disapproved application within five days after receipt, and the VESMP authority<\/span> shall determine whether the plan is complete within 15 days of its receipt of the plan. The Department<\/span> shall review the plan for compliance with the water quality and water quantity technical criteria<\/span> and provide its recommendation to the VESMP authority<\/span>, and the VESMP authority<\/span> shall act on the resubmitted application within 45 days after receipt. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When a state agency or federal entity submits a soil erosion control and stormwater management plan<\/span><\/span> for a project, land disturbance<\/span> shall not commence until the Board<\/span> has reviewed and approved the plan and has issued permit<\/span> coverage when it is required.\n\t\t\t\ta. The Board<\/span> shall not approve a soil erosion control and stormwater management plan<\/span><\/span> submitted by a state agency or federal entity for a project involving a land-disturbing activity<\/span> (i) in any locality that has not adopted a local program with more stringent ordinances<\/span> than those of the state program or (ii) in multiple jurisdictions<\/span> with separate local programs, unless the plan is consistent with the requirements of the state program.\n\t\t\t\tb. The Board<\/span> shall not approve a soil erosion control and stormwater management plan<\/span><\/span> submitted by a state agency or federal entity for a project involving a land-disturbing activity<\/span> in one locality with a local program with more stringent ordinances<\/span> than those of the state program, unless the plan is consistent with the requirements of the local program.\n\t\t\t\tc. If onsite changes occur, the state agency or federal entity shall submit an amended soil erosion control and stormwater management plan<\/span><\/span> to the Department<\/span>.\n\t\t\t\td. The state agency or federal entity responsible for the land-disturbing activity<\/span> shall ensure compliance with the approved plan. As necessary, the Board<\/span> shall provide project oversight and enforcement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Prior to issuance of any land-disturbance approval<\/span>, the VESMP authority<\/span> may also require an applicant<\/span>, excluding state agencies and federal entities, to submit a reasonable performance bond<\/span> with surety<\/span>, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the VESMP authority<\/span>, to ensure that measures could be taken by the VESMP authority<\/span> at the applicant<\/span>’s expense should he fail, after proper notice, within the time specified to comply with the conditions imposed by the VESMP authority<\/span> as a result of his land-disturbing activity<\/span>. If the VESMP authority<\/span> takes such action upon such failure by the applicant<\/span>, the VESMP authority<\/span> may collect from the applicant<\/span> the difference should the amount of the reasonable cost of such action exceed the amount of the security held. Within 60 days of the completion of the VESMP authority<\/span>’s conditions, such bond<\/span>, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant<\/span> or terminated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The VESMP authority<\/span> may require changes to an approved soil erosion control and stormwater management plan<\/span><\/span> in the following cases: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Where inspection has revealed that the plan is inadequate to satisfy applicable regulations<\/span> or ordinances<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Where the owner<\/span> finds that because of changed circumstances or for other reasons the plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article, are agreed to by the VESMP authority<\/span> and the owner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In order<\/span> to prevent further erosion, a VESMP authority<\/span> may require approval of a soil erosion control and stormwater management plan<\/span><\/span> for any land identified as an erosion impact area<\/span> by the VESMP authority<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A VESMP authority<\/span> may enter into an agreement with an adjacent VESMP authority<\/span> regarding the administration of multijurisdictional projects, specifying who shall be responsible for all or part of the administrative procedures. Should adjacent VESMP authorities fail to reach such an agreement, each shall be responsible for administering the area of the multijurisdictional project that lies within its jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The following requirements shall apply to land-disturbing activities in the Commonwealth: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any land-disturbing activity<\/span> that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or greater of land disturbance<\/span> may, in accordance with regulations<\/span> adopted by the Board<\/span>, be required to obtain permit<\/span> coverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For a land-disturbing activity<\/span> occurring in an area not designated as a Chesapeake Bay Preservation Area subject to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67<\/a> et seq.):\n\t\t\t\ta. Soil erosion control requirements and water quantity technical criteria<\/span> adopted pursuant to this article shall apply to any activity that disturbs 10,000 square feet or more, although the locality may reduce this regulatory threshold to a smaller area of disturbed land. A plan addressing these requirements shall be submitted to the VESMP authority<\/span> in accordance with subsection A. This subdivision<\/span> shall also apply to additions or modifications to existing single-family detached residential structures.\n\t\t\t\tb. Soil erosion control requirements and water quantity and water quality technical criteria<\/span> shall apply to any activity that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or greater of land disturbance<\/span>, although the locality may reduce this regulatory threshold to a smaller area of disturbed land. A plan addressing these requirements shall be submitted to the VESMP authority<\/span> in accordance with subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For a land-disturbing activity<\/span> occurring in an area designated as a Chesapeake Bay Preservation Area subject to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67<\/a> et seq.):\n\t\t\t\ta. Soil erosion control and water quantity and water quality technical criteria<\/span> shall apply to any land-disturbing activity<\/span> that disturbs 2,500 square feet or more of land, other than a single-family detached residential structure. However, the governing body of any affected locality may reduce this regulatory threshold to a smaller area of disturbed land. A plan addressing these requirements shall be submitted to the VESMP authority<\/span> in accordance with subsection A.\n\t\t\t\tb. For land-disturbing activities for single-family detached residential structures, soil erosion control and water quantity technical criteria<\/span> shall apply to any land-disturbing activity<\/span> that disturbs 2,500 square feet or more of land, and the locality also may require compliance with the water quality technical criteria<\/span>. A plan addressing these requirements shall be submitted to the VESMP authority<\/span> in accordance with subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding any other provisions of this article, the following activities are not required to comply with the requirements of this article unless otherwise required by federal law<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Minor<\/span> land-disturbing activities, including home gardens and individual home landscaping, repairs, and maintenance work; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Installation, maintenance, or repair of any individual service connection; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Installation, maintenance, or repair of any underground utility line when such activity occurs on an existing hard surfaced road, street, or sidewalk, provided the land-disturbing activity<\/span> is confined to the area of the road, street, or sidewalk that is hard surfaced; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Installation, maintenance, or repair of any septic tank line or drainage field unless included in an overall plan for land-disturbing activity<\/span> relating to construction of the building to be served by the septic tank system; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Clearing of lands specifically for bona fide agricultural purposes; the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops; livestock feedlot operations; agricultural engineering operations, including construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; or as additionally set forth by the Board<\/span> in regulations<\/span>. However, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100<\/a> et seq.) or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands<\/span> boards<\/span>, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulations<\/span> adopted pursuant thereto; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VESMP authority<\/span> shall be advised of the disturbance within seven days of commencing the land-disturbing activity<\/span>, and compliance with the administrative requirements of subsection A is required within 30 days of commencing the land-disturbing activity<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Discharges to a sanitary sewer or a combined sewer system that are not from a land-disturbing activity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding any other provision of this article, the following activities are required to comply with the soil erosion control requirements but are not required to comply with the water quantity and water quality technical criteria<\/span>, unless otherwise required by federal law<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Activities under a state or federal reclamation<\/span> program to return an abandoned property to an agricultural or open land use; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Discharges from a land-disturbing activity<\/span> to a sanitary sewer or a combined sewer system. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGULATED ACTIVITIES; SUBMISSION AND APPROVAL OF A PERMIT APPLICATION; SECURITY\nFOR PERFORMANCE; EXEMPTIONS (\u00a7 62.1-44.15:34)\n\nA. A person shall not conduct any land-disturbing activity until (i) he has\nsubmitted to the appropriate VESMP authority an application that includes a\npermit registration statement, if required, a soil erosion control and\nstormwater management plan or an executed agreement in lieu of a plan, if\nrequired, and (ii) the VESMP authority has issued its land-disturbance approval.\nIn addition, as a prerequisite to engaging in an approved land-disturbing\nactivity, the name of the individual who will be assisting the owner in carrying\nout the activity and holds a Responsible Land Disturber certificate pursuant to\n\u00a7 62.1-44.15:30 shall be submitted to the VESMP authority. Any VESMP authority\nmay waive the Responsible Land Disturber certificate requirement for an\nagreement in lieu of a plan; however, if a violation occurs during the\nland-disturbing activity, then the owner shall correct the violation and provide\nthe name of the individual holding a Responsible Land Disturber certificate as\nprovided by \u00a7 62.1-14:30. Failure to provide the name of an individual holding\na Responsible Land Disturber certificate prior to engaging in land-disturbing\nactivities may result in revocation of the land-disturbance approval and shall\nsubject the owner to the penalties provided in this article.\n\n 1. A VESMP authority that is implementing its program pursuant to subsection A\n of § 62.1-44.15:27 or subdivision B 1 of § 62.1-44.15:27 shall\n determine the completeness of any application within 15 days after receipt,\n and shall act on any application within 60 days after it has been determined\n by the VESMP authority to be complete. The VESMP authority shall issue either\n land-disturbance approval or denial and provide written rationale for any\n denial. Prior to issuing a land-disturbance approval, a VESMP authority shall\n be required to obtain evidence of permit coverage when such coverage is\n required. The VESMP authority also shall determine whether any resubmittal of\n a previously disapproved application is complete within 15 days after receipt\n and shall act on the resubmitted application within 45 days after receipt.\n\n 2. A VESMP authority implementing its program in coordination with the\n Department pursuant to subdivision B 2 of § 62.1-44.15:27 shall determine\n the completeness of any application within 15 days after receipt, and shall\n act on any application within 60 days after it has been determined by the\n VESMP authority to be complete. The VESMP authority shall forward a soil\n erosion control and stormwater management plan to the Department for review\n within five days of receipt. If the plan is incomplete, the Department shall\n return the plan to the locality immediately and the application process shall\n start over. If the plan is complete, the Department shall review it for\n compliance with the water quality and water quantity technical criteria and\n provide its recommendation to the VESMP authority. The VESMP authority shall\n either (i) issue the land-disturbance approval or (ii) issue a denial and\n provide a written rationale for the denial. In no case shall a locality have\n more than 60 days for its decision on an application after it has been\n determined to be complete. Prior to issuing a land-disturbance approval, a\n VESMP authority shall be required to obtain evidence of permit coverage when\n such coverage is required.\n \t\t\t\tThe VESMP authority also shall forward to the Department any resubmittal\n of a previously disapproved application within five days after receipt, and\n the VESMP authority shall determine whether the plan is complete within 15\n days of its receipt of the plan. The Department shall review the plan for\n compliance with the water quality and water quantity technical criteria and\n provide its recommendation to the VESMP authority, and the VESMP authority\n shall act on the resubmitted application within 45 days after receipt.\n\n 3. When a state agency or federal entity submits a soil erosion control and\n stormwater management plan for a project, land disturbance shall not commence\n until the Board has reviewed and approved the plan and has issued permit\n coverage when it is required.\n \t\t\t\ta. The Board shall not approve a soil erosion control and stormwater\n management plan submitted by a state agency or federal entity for a project\n involving a land-disturbing activity (i) in any locality that has not adopted\n a local program with more stringent ordinances than those of the state program\n or (ii) in multiple jurisdictions with separate local programs, unless the\n plan is consistent with the requirements of the state program.\n \t\t\t\tb. The Board shall not approve a soil erosion control and stormwater\n management plan submitted by a state agency or federal entity for a project\n involving a land-disturbing activity in one locality with a local program with\n more stringent ordinances than those of the state program, unless the plan is\n consistent with the requirements of the local program.\n \t\t\t\tc. If onsite changes occur, the state agency or federal entity shall\n submit an amended soil erosion control and stormwater management plan to the\n Department.\n \t\t\t\td. The state agency or federal entity responsible for the land-disturbing\n activity shall ensure compliance with the approved plan. As necessary, the\n Board shall provide project oversight and enforcement.\n\n 4. Prior to issuance of any land-disturbance approval, the VESMP authority may\n also require an applicant, excluding state agencies and federal entities, to\n submit a reasonable performance bond with surety, cash escrow, letter of\n credit, any combination thereof, or such other legal arrangement acceptable to\n the VESMP authority, to ensure that measures could be taken by the VESMP\n authority at the applicant’s expense should he fail, after proper\n notice, within the time specified to comply with the conditions imposed by the\n VESMP authority as a result of his land-disturbing activity. If the VESMP\n authority takes such action upon such failure by the applicant, the VESMP\n authority may collect from the applicant the difference should the amount of\n the reasonable cost of such action exceed the amount of the security held.\n Within 60 days of the completion of the VESMP authority’s conditions,\n such bond, cash escrow, letter of credit, or other legal arrangement, or the\n unexpended or unobligated portion thereof, shall be refunded to the applicant\n or terminated.\n\nB. The VESMP authority may require changes to an approved soil erosion control\nand stormwater management plan in the following cases:\n\n 1. Where inspection has revealed that the plan is inadequate to satisfy\n applicable regulations or ordinances; or\n\n 2. Where the owner finds that because of changed circumstances or for other\n reasons the plan cannot be effectively carried out, and proposed amendments to\n the plan, consistent with the requirements of this article, are agreed to by\n the VESMP authority and the owner.\n\nC. In order to prevent further erosion, a VESMP authority may require approval\nof a soil erosion control and stormwater management plan for any land identified\nas an erosion impact area by the VESMP authority.\n\nD. A VESMP authority may enter into an agreement with an adjacent VESMP\nauthority regarding the administration of multijurisdictional projects,\nspecifying who shall be responsible for all or part of the administrative\nprocedures. Should adjacent VESMP authorities fail to reach such an agreement,\neach shall be responsible for administering the area of the multijurisdictional\nproject that lies within its jurisdiction.\n\nE. The following requirements shall apply to land-disturbing activities in the\nCommonwealth:\n\n 1. Any land-disturbing activity that (i) disturbs one acre or more of land or\n (ii) disturbs less than one acre of land and is part of a larger common plan\n of development or sale that results in one acre or greater of land disturbance\n may, in accordance with regulations adopted by the Board, be required to\n obtain permit coverage.\n\n 2. For a land-disturbing activity occurring in an area not designated as a\n Chesapeake Bay Preservation Area subject to the Chesapeake Bay Preservation\n Act (§ 62.1-44.15:67 et seq.):\n \t\t\t\ta. Soil erosion control requirements and water quantity technical criteria\n adopted pursuant to this article shall apply to any activity that disturbs\n 10,000 square feet or more, although the locality may reduce this regulatory\n threshold to a smaller area of disturbed land. A plan addressing these\n requirements shall be submitted to the VESMP authority in accordance with\n subsection A. This subdivision shall also apply to additions or modifications\n to existing single-family detached residential structures.\n \t\t\t\tb. Soil erosion control requirements and water quantity and water quality\n technical criteria shall apply to any activity that (i) disturbs one acre or\n more of land or (ii) disturbs less than one acre of land and is part of a\n larger common plan of development or sale that results in one acre or greater\n of land disturbance, although the locality may reduce this regulatory\n threshold to a smaller area of disturbed land. A plan addressing these\n requirements shall be submitted to the VESMP authority in accordance with\n subsection A.\n\n 3. For a land-disturbing activity occurring in an area designated as a\n Chesapeake Bay Preservation Area subject to the Chesapeake Bay Preservation\n Act (§ 62.1-44.15:67 et seq.):\n \t\t\t\ta. Soil erosion control and water quantity and water quality technical\n criteria shall apply to any land-disturbing activity that disturbs 2,500\n square feet or more of land, other than a single-family detached residential\n structure. However, the governing body of any affected locality may reduce\n this regulatory threshold to a smaller area of disturbed land. A plan\n addressing these requirements shall be submitted to the VESMP authority in\n accordance with subsection A.\n \t\t\t\tb. For land-disturbing activities for single-family detached residential\n structures, soil erosion control and water quantity technical criteria shall\n apply to any land-disturbing activity that disturbs 2,500 square feet or more\n of land, and the locality also may require compliance with the water quality\n technical criteria. A plan addressing these requirements shall be submitted to\n the VESMP authority in accordance with subsection A.\n\nF. Notwithstanding any other provisions of this article, the following\nactivities are not required to comply with the requirements of this article\nunless otherwise required by federal law:\n\n 1. Minor land-disturbing activities, including home gardens and individual\n home landscaping, repairs, and maintenance work;\n\n 2. Installation, maintenance, or repair of any individual service connection;\n\n 3. Installation, maintenance, or repair of any underground utility line when\n such activity occurs on an existing hard surfaced road, street, or sidewalk,\n provided the land-disturbing activity is confined to the area of the road,\n street, or sidewalk that is hard surfaced;\n\n 4. Installation, maintenance, or repair of any septic tank line or drainage\n field unless included in an overall plan for land-disturbing activity relating\n to construction of the building to be served by the septic tank system;\n\n 5. Permitted surface or deep mining operations and projects, or oil and gas\n operations and projects conducted pursuant to Title 45.2;\n\n 6. Clearing of lands specifically for bona fide agricultural purposes; the\n management, tilling, planting, or harvesting of agricultural, horticultural,\n or forest crops; livestock feedlot operations; agricultural engineering\n operations, including construction of terraces, terrace outlets, check dams,\n desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing,\n contour cultivating, contour furrowing, land drainage, and land irrigation; or\n as additionally set forth by the Board in regulations. However, this exception\n shall not apply to harvesting of forest crops unless the area on which\n harvesting occurs is reforested artificially or naturally in accordance with\n the provisions of Chapter 11 (§ 10.1-1100 et seq.) or is converted to\n bona fide agricultural or improved pasture use as described in subsection B of\n § 10.1-1163;\n\n 7. Installation of fence and sign posts or telephone and electric poles and\n other kinds of posts or poles;\n\n 8. Shoreline erosion control projects on tidal waters when all of the\n land-disturbing activities are within the regulatory authority of and approved\n by local wetlands boards, the Marine Resources Commission, or the United\n States Army Corps of Engineers; however, any associated land that is disturbed\n outside of this exempted area shall remain subject to this article and the\n regulations adopted pursuant thereto;\n\n 9. Repair or rebuilding of the tracks, rights-of-way, bridges, communication\n facilities, and other related structures and facilities of a railroad company;\n\n 10. Land-disturbing activities in response to a public emergency where the\n related work requires immediate authorization to avoid imminent endangerment\n to human health or the environment. In such situations, the VESMP authority\n shall be advised of the disturbance within seven days of commencing the\n land-disturbing activity, and compliance with the administrative requirements\n of subsection A is required within 30 days of commencing the land-disturbing\n activity; and\n\n 11. Discharges to a sanitary sewer or a combined sewer system that are not\n from a land-disturbing activity.\n\nG. Notwithstanding any other provision of this article, the following activities\nare required to comply with the soil erosion control requirements but are not\nrequired to comply with the water quantity and water quality technical criteria,\nunless otherwise required by federal law:\n\n 1. Activities under a state or federal reclamation program to return an\n abandoned property to an agricultural or open land use;\n\n 2. Routine maintenance that is performed to maintain the original line and\n grade, hydraulic capacity, or original construction of the project. The paving\n of an existing road with a compacted or impervious surface and reestablishment\n of existing associated ditches and shoulders shall be deemed routine\n maintenance if performed in accordance with this subsection; and\n\n 3. Discharges from a land-disturbing activity to a sanitary sewer or a\n combined sewer system.\n\nHISTORY: 1989, cc. 467, 499, \u00a7 10.1-603.8; 1994, cc. 605, 898; 2004, c. 372;\n2011, c. 400; 2012, cc. 785, 819; 2013, cc. 756, 793; 2014, cc. 303, 598; 2016,\ncc. 68, 758; 2023, cc. 48, 49.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}