{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_51.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_51.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_51.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_51.html"}],"law_id":59976,"edition_id":1,"section_id":59976,"structure_id":15073,"section_number":"62.1-44.15:51","catch_line":"Definitions","history":"1973, c. 486, \u00a7 21-89.3; 1974, c. 265; 1977, c. 149; 1980, c. 305; 1988, cc. 690, 732, 891, \u00a7 10.1-560; 1990, c. 491; 1991, c. 469; 1992, c. 184; 1993, c. 925; 1994, c. 703; 2003, c. 423; 2004, c. 476; 2005, c. 107; 2006, c. 21; 2009, c. 309; 2012, cc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758; 2023, cc. 48, 49.","full_text":"As used in this article, unless the context requires a different meaning:\n\t\t“Agreement in lieu of a plan” means a contract between the VESCP authority and the owner that specifies conservation measures that must be implemented in the construction of a (i) single-family detached residential structure or (ii) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent; this contract may be executed by the VESCP authority in lieu of a formal site plan.\n\t\t“Applicant” means any person submitting an erosion and sediment control plan for approval in order to obtain authorization for land-disturbing activities to commence.\n\t\t“Certified inspector” means an employee or agent of a VESCP authority who (i) holds a certification from the Board in the area of project inspection or (ii) is enrolled in the Board’s training program for project inspection and successfully completes such program within one year after enrollment.\n\t\t“Certified plan reviewer” means an employee or agent of a VESCP authority who (i) holds a certification from the Board in the area of plan review, (ii) is enrolled in the Board’s training program for plan review and successfully completes such program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, landscape architect, land surveyor pursuant to Article 1 (\u00a7 54.1-400 et seq.) of Chapter 4 of Title 54.1, or professional soil scientist as defined in \u00a7 54.1-2200.\n\t\t“Certified program administrator” means an employee or agent of a VESCP authority who (i) holds a certification from the Board in the area of program administration or (ii) is enrolled in the Board’s training program for program administration and successfully completes such program within one year after enrollment.\n\t\t“Department” means the Department of Environmental Quality.\n\t\t“Director” means the Director of the Department of Environmental Quality.\n\t\t“District” or “soil and water conservation district” means a political subdivision of the Commonwealth organized in accordance with the provisions of Article 3 (\u00a7 10.1-506 et seq.) of Chapter 5 of Title 10.1.\n\t\t“Erosion and sediment control plan” or “plan” means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.\n\t\t“Erosion impact area” means an area of land that is not associated with a current land-disturbing activity but is subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes.\n\t\t“Farm building or structure” means the same as that term is defined in \u00a7 36-97 and also includes any building or structure used for agritourism activity, as defined in \u00a7 3.2-6400, and any related impervious surfaces including roads, driveways, and parking areas.\n\t\t“Land disturbance” or “land-disturbing activity” means any man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including the clearing, grading, excavating, transporting, and filling of land.\n\t\t“Natural channel design concepts” means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.\n\t\t“Owner” means the same as provided in \u00a7 62.1-44.3. For a land-disturbing activity that is regulated under this article, “owner” also includes the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property.\n\t\t“Peak flow rate” means the maximum instantaneous flow from a given storm condition at a particular location.\n\t\t“Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity.\n\t\t“Runoff volume” means the volume of water that runs off the land development project from a prescribed storm event.\n\t\t“Soil erosion” means the movement of soil by wind or water into state waters or onto lands in the Commonwealth.\n\t\t“Town” means an incorporated town.\n\t\t“Virginia Erosion and Sediment Control Program” or “VESCP” means a program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances, rules, policies and guidelines, technical materials, and requirements for plan review, inspection, and evaluation consistent with the requirements of this article.\n\t\t“Virginia Erosion and Sediment Control Program authority” or “VESCP authority” means a locality approved by the Board to operate a Virginia Erosion and Sediment Control Program. A locality that has chosen not to establish a Virginia Erosion and Stormwater Management Program pursuant to subdivision B 3 of \u00a7 62.1-44.15:27 is required to become a VESCP authority in accordance with this article.\n\t\t“Virginia Stormwater Management Program” or “VSMP” means a program established by the Board pursuant to \u00a7 62.1-44.15:27.1 on behalf of a locality on or after July 1, 2014, to manage the quality and quantity of runoff resulting from 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.","order_by":null,"text":{"0":{"id":219617,"text":"As used in this article, unless the context requires a different meaning:\n\t\t“Agreement in lieu of a plan” means a contract between the VESCP authority and the owner that specifies conservation measures that must be implemented in the construction of a (i) single-family detached residential structure or (ii) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent; this contract may be executed by the VESCP authority in lieu of a formal site plan.\n\t\t“Applicant” means any person submitting an erosion and sediment control plan for approval in order to obtain authorization for land-disturbing activities to commence.\n\t\t“Certified inspector” means an employee or agent of a VESCP authority who (i) holds a certification from the Board in the area of project inspection or (ii) is enrolled in the Board’s training program for project inspection and successfully completes such program within one year after enrollment.\n\t\t“Certified plan reviewer” means an employee or agent of a VESCP authority who (i) holds a certification from the Board in the area of plan review, (ii) is enrolled in the Board’s training program for plan review and successfully completes such program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, landscape architect, land surveyor pursuant to Article 1 (\u00a7 54.1-400 et seq.) of Chapter 4 of Title 54.1, or professional soil scientist as defined in \u00a7 54.1-2200.\n\t\t“Certified program administrator” means an employee or agent of a VESCP authority who (i) holds a certification from the Board in the area of program administration or (ii) is enrolled in the Board’s training program for program administration and successfully completes such program within one year after enrollment.\n\t\t“Department” means the Department of Environmental Quality.\n\t\t“Director” means the Director of the Department of Environmental Quality.\n\t\t“District” or “soil and water conservation district” means a political subdivision of the Commonwealth organized in accordance with the provisions of Article 3 (\u00a7 10.1-506 et seq.) of Chapter 5 of Title 10.1.\n\t\t“Erosion and sediment control plan” or “plan” means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.\n\t\t“Erosion impact area” means an area of land that is not associated with a current land-disturbing activity but is subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes.\n\t\t“Farm building or structure” means the same as that term is defined in \u00a7 36-97 and also includes any building or structure used for agritourism activity, as defined in \u00a7 3.2-6400, and any related impervious surfaces including roads, driveways, and parking areas.\n\t\t“Land disturbance” or “land-disturbing activity” means any man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including the clearing, grading, excavating, transporting, and filling of land.\n\t\t“Natural channel design concepts” means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.\n\t\t“Owner” means the same as provided in \u00a7 62.1-44.3. For a land-disturbing activity that is regulated under this article, “owner” also includes the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property.\n\t\t“Peak flow rate” means the maximum instantaneous flow from a given storm condition at a particular location.\n\t\t“Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity.\n\t\t“Runoff volume” means the volume of water that runs off the land development project from a prescribed storm event.\n\t\t“Soil erosion” means the movement of soil by wind or water into state waters or onto lands in the Commonwealth.\n\t\t“Town” means an incorporated town.\n\t\t“Virginia Erosion and Sediment Control Program” or “VESCP” means a program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances, rules, policies and guidelines, technical materials, and requirements for plan review, inspection, and evaluation consistent with the requirements of this article.\n\t\t“Virginia Erosion and Sediment Control Program authority” or “VESCP authority” means a locality approved by the Board to operate a Virginia Erosion and Sediment Control Program. A locality that has chosen not to establish a Virginia Erosion and Stormwater Management Program pursuant to subdivision B 3 of \u00a7 62.1-44.15:27 is required to become a VESCP authority in accordance with this article.\n\t\t“Virginia Stormwater Management Program” or “VSMP” means a program established by the Board pursuant to \u00a7 62.1-44.15:27.1 on behalf of a locality on or after July 1, 2014, to manage the quality and quantity of runoff resulting from 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15073,"edition_id":1,"name":"Erosion and Sediment Control Law for Localities Not Administering a Virginia Erosion and Stormwater Management Program","identifier":"2.4","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:52:00","date_modified":"2026-06-26 03:52:00","permalink":{"id":269623,"object_type":"structure","relational_id":15073,"identifier":"2.4","token":"62.1\/3.1\/2.4","url":"\/62.1\/3.1\/2.4\/","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":59976,"structure_id":15073,"section_number":"62.1-44.15:51","catch_line":"Definitions","url":"\/62.1-44.15_51\/","token":"62.1\/3.1\/2.4\/62.1-44.15_51","metadata":false},{"id":77325,"structure_id":15073,"section_number":"62.1-44.15:51.1","catch_line":"Applicability","url":"\/62.1-44.15_51.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_51.1","metadata":false},{"id":57827,"structure_id":15073,"section_number":"62.1-44.15:52","catch_line":"Virginia Erosion and Sediment Control Program","url":"\/62.1-44.15_52\/","token":"62.1\/3.1\/2.4\/62.1-44.15_52","metadata":false},{"id":58461,"structure_id":15073,"section_number":"62.1-44.15:53","catch_line":"Certification of program personnel","url":"\/62.1-44.15_53\/","token":"62.1\/3.1\/2.4\/62.1-44.15_53","metadata":false},{"id":59360,"structure_id":15073,"section_number":"62.1-44.15:54","catch_line":"Virginia Erosion and Sediment Control Program","url":"\/62.1-44.15_54\/","token":"62.1\/3.1\/2.4\/62.1-44.15_54","metadata":false},{"id":73356,"structure_id":15073,"section_number":"62.1-44.15:55","catch_line":"Regulated land-disturbing activities; submission and approval of erosion and sediment control plan","url":"\/62.1-44.15_55\/","token":"62.1\/3.1\/2.4\/62.1-44.15_55","metadata":false},{"id":71858,"structure_id":15073,"section_number":"62.1-44.15:55.1","catch_line":"Department review of erosion and sediment control plans for solar projects","url":"\/62.1-44.15_55.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_55.1","metadata":false},{"id":63528,"structure_id":15073,"section_number":"62.1-44.15:56","catch_line":"Repealed","url":"\/62.1-44.15_56\/","token":"62.1\/3.1\/2.4\/62.1-44.15_56","metadata":false},{"id":60412,"structure_id":15073,"section_number":"62.1-44.15:56.1","catch_line":"Department acceptance of plans in lieu of plan review","url":"\/62.1-44.15_56.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_56.1","metadata":false},{"id":78583,"structure_id":15073,"section_number":"62.1-44.15:57","catch_line":"Approved plan required for issuance of grading, building, or other permits; security for performance","url":"\/62.1-44.15_57\/","token":"62.1\/3.1\/2.4\/62.1-44.15_57","metadata":false},{"id":58785,"structure_id":15073,"section_number":"62.1-44.15:58","catch_line":"Monitoring, reports, and inspections","url":"\/62.1-44.15_58\/","token":"62.1\/3.1\/2.4\/62.1-44.15_58","metadata":false},{"id":68747,"structure_id":15073,"section_number":"62.1-44.15:58.1","catch_line":"Inspections; land-disturbing activities of natural gas pipelines; stop work instructions","url":"\/62.1-44.15_58.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_58.1","metadata":false},{"id":68955,"structure_id":15073,"section_number":"62.1-44.15:59","catch_line":"Reporting","url":"\/62.1-44.15_59\/","token":"62.1\/3.1\/2.4\/62.1-44.15_59","metadata":false},{"id":66328,"structure_id":15073,"section_number":"62.1-44.15:60","catch_line":"Right of entry","url":"\/62.1-44.15_60\/","token":"62.1\/3.1\/2.4\/62.1-44.15_60","metadata":false},{"id":86487,"structure_id":15073,"section_number":"62.1-44.15:61","catch_line":"Repealed","url":"\/62.1-44.15_61\/","token":"62.1\/3.1\/2.4\/62.1-44.15_61","metadata":false},{"id":63162,"structure_id":15073,"section_number":"62.1-44.15:62","catch_line":"Judicial appeals","url":"\/62.1-44.15_62\/","token":"62.1\/3.1\/2.4\/62.1-44.15_62","metadata":false},{"id":70738,"structure_id":15073,"section_number":"62.1-44.15:63","catch_line":"Penalties, injunctions and other legal actions","url":"\/62.1-44.15_63\/","token":"62.1\/3.1\/2.4\/62.1-44.15_63","metadata":false},{"id":57476,"structure_id":15073,"section_number":"62.1-44.15:64","catch_line":"Stop work orders by Board; civil penalties","url":"\/62.1-44.15_64\/","token":"62.1\/3.1\/2.4\/62.1-44.15_64","metadata":false},{"id":67572,"structure_id":15073,"section_number":"62.1-44.15:65","catch_line":"Authorization for more stringent ordinances","url":"\/62.1-44.15_65\/","token":"62.1\/3.1\/2.4\/62.1-44.15_65","metadata":false},{"id":73284,"structure_id":15073,"section_number":"62.1-44.15:66","catch_line":"No limitation on authority of Department of Energy","url":"\/62.1-44.15_66\/","token":"62.1\/3.1\/2.4\/62.1-44.15_66","metadata":false}],"next_section":{"id":77325,"structure_id":15073,"section_number":"62.1-44.15:51.1","catch_line":"Applicability","url":"\/62.1-44.15_51.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_51.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:51\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 486 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 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 18 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 1974, chapter 265; in 1977, chapter 149; in 1980, chapter 305; in 1988, chapters 690, 732, and 891; in 1990, chapter 491; in 1991, chapter 469; in 1992, chapter 184; in 1993, chapter 925; in 1994, chapter 703<\/a>; in 2003, chapter 423<\/a>; in 2004, chapter 476<\/a>; in 2005, chapter 107<\/a>; in 2006, chapter 21<\/a>; in 2009, chapter 309<\/a>; in 2012, chapters 785<\/a> and 819<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2016, chapters 68<\/a> and 758<\/a>; in 2023, chapters 48<\/a> and 49<\/a>.<\/p>","references":[{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"},{"id":63496,"section_number":"15.2-1129.2","catch_line":"Creation of local economic revitalization zones","order_by":null,"url":"\/15.2-1129.2\/"},{"id":59310,"section_number":"15.2-1232.2","catch_line":"Creation of local economic revitalization zones","order_by":null,"url":"\/15.2-1232.2\/"},{"id":63677,"section_number":"15.2-2295.1","catch_line":"Regulation of mountain ridge construction","order_by":null,"url":"\/15.2-2295.1\/"},{"id":83924,"section_number":"15.2-2306.1","catch_line":"Creation of working waterfront development areas","order_by":null,"url":"\/15.2-2306.1\/"},{"id":83202,"section_number":"15.2-941.1","catch_line":"Creation of abandoned school revitalization zones","order_by":null,"url":"\/15.2-941.1\/"},{"id":66799,"section_number":"3.2-3602","catch_line":"Local government regulation of fertilizer","order_by":null,"url":"\/3.2-3602\/"},{"id":54780,"section_number":"36-55.64","catch_line":"Creation of local housing rehabilitation zones","order_by":null,"url":"\/36-55.64\/"},{"id":67832,"section_number":"58.1-3851","catch_line":"Creation of local tourism zones","order_by":null,"url":"\/58.1-3851\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":71282,"section_number":"62.1-44.15:24","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_24\/"},{"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":75881,"section_number":"62.1-44.15:27.2","catch_line":"Rural Tidewater localities; water quantity technical criteria; tiered approach","order_by":null,"url":"\/62.1-44.15_27.2\/"},{"id":60412,"section_number":"62.1-44.15:56.1","catch_line":"Department acceptance of plans in lieu of plan review","order_by":null,"url":"\/62.1-44.15_56.1\/"},{"id":65612,"section_number":"62.1-44.15:68","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_68\/"},{"id":81184,"section_number":"62.1-44.15:81","catch_line":"Application and preparation of draft certification conditions","order_by":null,"url":"\/62.1-44.15_81\/"},{"id":69253,"section_number":"62.1-44.32","catch_line":"Penalties","order_by":null,"url":"\/62.1-44.32\/"}],"refers_to":[{"id":57608,"section_number":"10.1-506","catch_line":"Power to create new districts and to relocate or define district boundaries; composition of districts","order_by":null,"url":"\/10.1-506\/"},{"id":78622,"section_number":"3.2-6400","catch_line":"Definitions","order_by":null,"url":"\/3.2-6400\/"},{"id":78167,"section_number":"36-97","catch_line":"Definitions","order_by":null,"url":"\/36-97\/"},{"id":74345,"section_number":"54.1-2200","catch_line":"Definitions","order_by":null,"url":"\/54.1-2200\/"},{"id":76379,"section_number":"54.1-400","catch_line":"Definitions","order_by":null,"url":"\/54.1-400\/"},{"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":78889,"section_number":"62.1-44.15:27.1","catch_line":"Virginia Stormwater Management Programs administered by the Board","order_by":null,"url":"\/62.1-44.15_27.1\/"},{"id":61187,"section_number":"62.1-44.3","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.3\/"}],"permalink":{"id":269625,"object_type":"law","relational_id":59976,"identifier":"62.1-44.15:51","token":"62.1\/3.1\/2.4\/62.1-44.15_51","url":"\/62.1-44.15_51\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_51\/","token":"62.1\/3.1\/2.4\/62.1-44.15_51","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:51","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article, unless the context requires a different meaning:\n\t\t“Agreement in lieu of a plan<\/span>” means a contract<\/span> between the VESCP authority<\/span> and the owner<\/span> that specifies conservation measures that must be implemented in the construction of a (i) single-family detached residential structure or (ii) farm building or structure<\/span> on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure<\/span> to be constructed, of less than five percent; this contract<\/span> may be executed by the VESCP authority<\/span> in lieu of a formal site plan.\n\t\t“Applicant<\/span>” means any person<\/span> submitting an erosion and sediment control plan<\/span> for approval in order<\/span> to obtain authorization for land-disturbing activities to commence.\n\t\t“Certified inspector<\/span>” means an employee or agent of a VESCP authority<\/span> who (i) holds a certification from the Board<\/span> in the area of project inspection or (ii) is enrolled in the Board<\/span>’s training program for project inspection and successfully completes such program within one year after enrollment.\n\t\t“Certified plan reviewer<\/span>” means an employee or agent of a VESCP authority<\/span> who (i) holds a certification from the Board<\/span> in the area of plan review, (ii) is enrolled in the Board<\/span>’s training program for plan review and successfully completes such program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, landscape architect, land surveyor pursuant to Article 1 (\u00a7 54.1-400<\/a> et seq.) of Chapter 4 of Title 54.1, or professional soil scientist as defined in \u00a7 54.1-2200<\/a>.\n\t\t“Certified program administrator<\/span>” means an employee or agent of a VESCP authority<\/span> who (i) holds a certification from the Board<\/span> in the area of program administration or (ii) is enrolled in the Board<\/span>’s training program for program administration and successfully completes such program within one year after enrollment.\n\t\t“Department<\/span>” means the Department<\/span> of Environmental Quality.\n\t\t“Director<\/span>” means the Director<\/span> of the Department<\/span> of Environmental Quality.\n\t\t“District” or “soil and water conservation district<\/span>” means a political subdivision of the Commonwealth organized in accordance with the provisions of Article 3 (\u00a7 10.1-506<\/a> et seq.) of Chapter 5 of Title 10.1.\n\t\t“Erosion and sediment control plan<\/span>” or “plan” means a document containing material<\/span> for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.\n\t\t“Erosion impact area<\/span>” means an area of land that is not associated with a current land-disturbing activity<\/span> but is subject to persistent soil erosion<\/span> resulting in the delivery of sediment onto neighboring properties or into state waters<\/span>. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes.\n\t\t“Farm building or structure<\/span>” means the same as that term is defined in \u00a7 36-97<\/a> and also includes any building or structure used for agritourism activity, as defined in \u00a7 3.2-6400<\/a>, and any related impervious surfaces including roads, driveways, and parking areas.\n\t\t“Land disturbance<\/span>” or “land-disturbing activity<\/span>” means any man-made change to the land surface that may result in soil erosion<\/span> or has the potential to change its runoff characteristics, including the clearing, grading, excavating, transporting, and filling of land.\n\t\t“Natural channel design concepts<\/span>” means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.\n\t\t“Owner<\/span>” means the same as provided in \u00a7 62.1-44.3<\/a>. For a land-disturbing activity<\/span> that is regulated under this article, “owner<\/span>” also includes the owner<\/span> or owners<\/span> of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession<\/span>, assignee of rents, receiver, executor, trustee, lessee, or other person<\/span>, firm, or corporation in control of a property.\n\t\t“Peak flow rate<\/span>” means the maximum instantaneous flow from a given storm condition at a particular location.\n\t\t“Person<\/span>” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board<\/span>, public or private institution, utility, cooperative, county, city, town<\/span>, or other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity.\n\t\t“Runoff volume<\/span>” means the volume of water that runs off the land development project from a prescribed storm event.\n\t\t“Soil erosion<\/span>” means the movement of soil by wind or water into state waters<\/span> or onto lands in the Commonwealth.\n\t\t“Town<\/span>” means an incorporated town<\/span>.\n\t\t“Virginia Erosion and Sediment Control Program<\/span>” or “VESCP” means a program approved by the Board<\/span> that has been established by a VESCP authority<\/span> for the effective control of soil erosion<\/span>, sediment deposition<\/span>, and nonagricultural runoff associated with a land-disturbing activity<\/span> to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances<\/span>, rules<\/span>, policies<\/span> and guidelines, technical materials<\/span>, and requirements for plan review, inspection, and evaluation consistent with the requirements of this article.\n\t\t“Virginia Erosion and Sediment Control Program<\/span> authority<\/span>” or “VESCP authority<\/span>” means a locality approved by the Board<\/span> to operate a Virginia Erosion and Sediment Control Program<\/span>. A locality that has chosen not to establish a Virginia Erosion and Stormwater Management Program pursuant to subdivision B 3 of \u00a7 62.1-44.15:27<\/a> is required to become a VESCP authority<\/span> in accordance with this article.\n\t\t“Virginia Stormwater Management Program<\/span>” or “VSMP<\/span>” means a program established by the Board<\/span> pursuant to \u00a7 62.1-44.15:27.1<\/a> on behalf of a locality on or after July 1, 2014, to manage the quality and quantity of runoff resulting from 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>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 62.1-44.15:51)\n\nAs used in this article, unless the context requires a different meaning:\n\t\t“Agreement in lieu of a plan” means a contract between the VESCP\nauthority and the owner that specifies conservation measures that must be\nimplemented in the construction of a (i) single-family detached residential\nstructure or (ii) farm building or structure on a parcel of land with a total\nimpervious cover percentage, including the impervious cover from the farm\nbuilding or structure to be constructed, of less than five percent; this\ncontract may be executed by the VESCP authority in lieu of a formal site plan.\n\t\t“Applicant” means any person submitting an erosion and sediment\ncontrol plan for approval in order to obtain authorization for land-disturbing\nactivities to commence.\n\t\t“Certified inspector” means an employee or agent of a VESCP\nauthority who (i) holds a certification from the Board in the area of project\ninspection or (ii) is enrolled in the Board’s training program for project\ninspection and successfully completes such program within one year after\nenrollment.\n\t\t“Certified plan reviewer” means an employee or agent of a VESCP\nauthority who (i) holds a certification from the Board in the area of plan\nreview, (ii) is enrolled in the Board’s training program for plan review\nand successfully completes such program within one year after enrollment, or\n(iii) is licensed as a professional engineer, architect, landscape architect,\nland surveyor pursuant to Article 1 (\u00a7 54.1-400 et seq.) of Chapter 4 of Title\n54.1, or professional soil scientist as defined in \u00a7 54.1-2200.\n\t\t“Certified program administrator” means an employee or agent of a\nVESCP authority who (i) holds a certification from the Board in the area of\nprogram administration or (ii) is enrolled in the Board’s training program\nfor program administration and successfully completes such program within one\nyear after enrollment.\n\t\t“Department” means the Department of Environmental Quality.\n\t\t“Director” means the Director of the Department of Environmental\nQuality.\n\t\t“District” or “soil and water conservation district”\nmeans a political subdivision of the Commonwealth organized in accordance with\nthe provisions of Article 3 (\u00a7 10.1-506 et seq.) of Chapter 5 of Title 10.1.\n\t\t“Erosion and sediment control plan” or “plan” means a\ndocument containing material for the conservation of soil and water resources of\na unit or group of units of land. It may include appropriate maps, an\nappropriate soil and water plan inventory and management information with needed\ninterpretations, and a record of decisions contributing to conservation\ntreatment. The plan shall contain all major conservation decisions to ensure\nthat the entire unit or units of land will be so treated to achieve the\nconservation objectives.\n\t\t“Erosion impact area” means an area of land that is not associated\nwith a current land-disturbing activity but is subject to persistent soil\nerosion resulting in the delivery of sediment onto neighboring properties or\ninto state waters. This definition shall not apply to any lot or parcel of land\nof 10,000 square feet or less used for residential purposes or to shorelines\nwhere the erosion results from wave action or other coastal processes.\n\t\t“Farm building or structure” means the same as that term is\ndefined in \u00a7 36-97 and also includes any building or structure used for\nagritourism activity, as defined in \u00a7 3.2-6400, and any related impervious\nsurfaces including roads, driveways, and parking areas.\n\t\t“Land disturbance” or “land-disturbing activity” means\nany man-made change to the land surface that may result in soil erosion or has\nthe potential to change its runoff characteristics, including the clearing,\ngrading, excavating, transporting, and filling of land.\n\t\t“Natural channel design concepts” means the utilization of\nengineering analysis and fluvial geomorphic processes to create, rehabilitate,\nrestore, or stabilize an open conveyance system for the purpose of creating or\nrecreating a stream that conveys its bankfull storm event within its banks and\nallows larger flows to access its bankfull bench and its floodplain.\n\t\t“Owner” means the same as provided in \u00a7 62.1-44.3. For a\nland-disturbing activity that is regulated under this article,\n“owner” also includes the owner or owners of the freehold of the\npremises or lesser estate therein, mortgagee or vendee in possession, assignee\nof rents, receiver, executor, trustee, lessee, or other person, firm, or\ncorporation in control of a property.\n\t\t“Peak flow rate” means the maximum instantaneous flow from a given\nstorm condition at a particular location.\n\t\t“Person” means any individual, partnership, firm, association,\njoint venture, public or private corporation, trust, estate, commission, board,\npublic or private institution, utility, cooperative, county, city, town, or\nother political subdivision of the Commonwealth, governmental body, including a\nfederal or state entity as applicable, any interstate body, or any other legal\nentity.\n\t\t“Runoff volume” means the volume of water that runs off the land\ndevelopment project from a prescribed storm event.\n\t\t“Soil erosion” means the movement of soil by wind or water into\nstate waters or onto lands in the Commonwealth.\n\t\t“Town” means an incorporated town.\n\t\t“Virginia Erosion and Sediment Control Program” or\n“VESCP” means a program approved by the Board that has been\nestablished by a VESCP authority for the effective control of soil erosion,\nsediment deposition, and nonagricultural runoff associated with a\nland-disturbing activity to prevent the unreasonable degradation of properties,\nstream channels, waters, and other natural resources and shall include such\nitems where applicable as local ordinances, rules, policies and guidelines,\ntechnical materials, and requirements for plan review, inspection, and\nevaluation consistent with the requirements of this article.\n\t\t“Virginia Erosion and Sediment Control Program authority” or\n“VESCP authority” means a locality approved by the Board to operate\na Virginia Erosion and Sediment Control Program. A locality that has chosen not\nto establish a Virginia Erosion and Stormwater Management Program pursuant to\nsubdivision B 3 of \u00a7 62.1-44.15:27 is required to become a VESCP authority in\naccordance with this article.\n\t\t“Virginia Stormwater Management Program” or “VSMP”\nmeans a program established by the Board pursuant to \u00a7 62.1-44.15:27.1 on\nbehalf of a locality on or after July 1, 2014, to manage the quality and\nquantity of runoff resulting from any land-disturbing activity that (i) disturbs\none acre or more of land or (ii) disturbs less than one acre of land and is part\nof a larger common plan of development or sale that results in one acre or\ngreater of land disturbance.\n\nHISTORY: 1973, c. 486, \u00a7 21-89.3; 1974, c. 265; 1977, c. 149; 1980, c. 305;\n1988, cc. 690, 732, 891, \u00a7 10.1-560; 1990, c. 491; 1991, c. 469; 1992, c. 184;\n1993, c. 925; 1994, c. 703; 2003, c. 423; 2004, c. 476; 2005, c. 107; 2006, c.\n21; 2009, c. 309; 2012, cc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758;\n2023, 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}}