{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_55.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_55.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_55.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_55.html"}],"law_id":73356,"edition_id":1,"section_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","history":"1973, c. 486, \u00a7 21-89.6; 1979, c. 432; 1988, cc. 732, 891, \u00a7 10.1-563; 1993, c. 925; 1999, c. 555; 2001, c. 490; 2003, cc. 827, 966; 2006, c. 466; 2008, c. 23; 2011, cc. 720, 721; 2012, cc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758; 2023, cc. 48, 49; 2024, cc. 5, 104.","full_text":"A\n\nExcept as provided in § 62.1-44.15:31 for a land-disturbing activity conducted by a state agency, federal entity, or other specified entity, no person shall engage in any land-disturbing activity until (i) he has submitted to the VESCP authority an erosion and sediment control plan for the land-disturbing activity and the plan has been reviewed and approved and (ii) where Virginia Pollutant Discharge Elimination System permit coverage is required, the VESCP authority has obtained evidence of such permit coverage from the Department’s online reporting system prior to issuing its land-disturbance approval. A VESCP authority may enter into an agreement with an adjacent VESCP or VESMP authority regarding the administration of multijurisdictional projects specifying who shall be responsible for all or part of the administrative procedures. Should adjacent authorities fail to come to such an agreement, each shall be responsible for administering the area of the multijurisdictional project that lies within its jurisdiction. Where the land-disturbing activity results from the construction of a (a) single-family residence or (b) 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, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the VESCP authority.B\n\nThe VESCP authority shall review erosion and sediment control plans submitted to it and grant written approval within 60 days of the receipt of the plan if it determines that the plan meets the requirements of this article and the Board’s regulations and if the person responsible for carrying out the plan certifies that he will properly perform the erosion and sediment control measures included in the plan and shall comply with the provisions of this article. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate to the VESCP authority, as provided by § 62.1-44.15:52, who will be in charge of and responsible for carrying out the land-disturbing activity. However, any VESCP authority may waive the certificate requirement for an agreement in lieu of a plan. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of an individual holding a certificate, as provided by § 62.1-44.15:52. Failure to provide the name of an individual holding a certificate prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this article.\n\t\t\tWhen a plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify the modifications, terms, and conditions that will permit approval of the plan. If no action is taken by the VESCP authority within the time specified in this subsection, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. The VESCP authority shall act on any erosion and sediment control plan that has been previously disapproved within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate.C\n\nThe VESCP authority may require changes to an approved plan in the following cases:1\n\nWhere inspection has revealed that the plan is inadequate to satisfy applicable regulations; or2\n\nWhere the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article and associated regulations, are agreed to by the VESCP authority and the person responsible for carrying out the plan.D\n\nIn order to prevent further erosion, a VESCP authority may require approval of an erosion and sediment control plan for any land identified by the VESCP authority as an erosion impact area.E\n\nFor the purposes of subsections A and B, when land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner.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\nDisturbance of a land area of less than 10,000 square feet in size or less than 2,500 square feet in an area designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.). However, the governing body of the program authority may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply;2\n\nMinor land-disturbing activities such as home gardens and individual home landscaping, repairs, and maintenance work;3\n\nInstallation, maintenance, or repair of any individual service connection;4\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;5\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;6\n\nPermitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.2;7\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.) of Title 10.1 or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163;8\n\nInstallation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;9\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;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;11\n\nDischarges to a sanitary sewer or a combined sewer system that are not from a land-disturbing activity; and12\n\nRepair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company.","order_by":null,"text":{"0":{"id":263974,"text":"Except as provided in § 62.1-44.15:31 for a land-disturbing activity conducted by a state agency, federal entity, or other specified entity, no person shall engage in any land-disturbing activity until (i) he has submitted to the VESCP authority an erosion and sediment control plan for the land-disturbing activity and the plan has been reviewed and approved and (ii) where Virginia Pollutant Discharge Elimination System permit coverage is required, the VESCP authority has obtained evidence of such permit coverage from the Department’s online reporting system prior to issuing its land-disturbance approval. A VESCP authority may enter into an agreement with an adjacent VESCP or VESMP authority regarding the administration of multijurisdictional projects specifying who shall be responsible for all or part of the administrative procedures. Should adjacent authorities fail to come to such an agreement, each shall be responsible for administering the area of the multijurisdictional project that lies within its jurisdiction. Where the land-disturbing activity results from the construction of a (a) single-family residence or (b) 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, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the VESCP authority.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":263975,"text":"The VESCP authority shall review erosion and sediment control plans submitted to it and grant written approval within 60 days of the receipt of the plan if it determines that the plan meets the requirements of this article and the Board’s regulations and if the person responsible for carrying out the plan certifies that he will properly perform the erosion and sediment control measures included in the plan and shall comply with the provisions of this article. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate to the VESCP authority, as provided by § 62.1-44.15:52, who will be in charge of and responsible for carrying out the land-disturbing activity. However, any VESCP authority may waive the certificate requirement for an agreement in lieu of a plan. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of an individual holding a certificate, as provided by § 62.1-44.15:52. Failure to provide the name of an individual holding a certificate prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this article.\n\t\t\tWhen a plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify the modifications, terms, and conditions that will permit approval of the plan. If no action is taken by the VESCP authority within the time specified in this subsection, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. The VESCP authority shall act on any erosion and sediment control plan that has been previously disapproved within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":263976,"text":"The VESCP authority may require changes to an approved plan in the following cases:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":263977,"text":"Where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":263978,"text":"Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article and associated regulations, are agreed to by the VESCP authority and the person responsible for carrying out the plan.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":263979,"text":"In order to prevent further erosion, a VESCP authority may require approval of an erosion and sediment control plan for any land identified by the VESCP authority as an erosion impact area.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":263980,"text":"For the purposes of subsections A and B, when land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":263981,"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":"E","next_prefix":"F1"},"8":{"id":263982,"text":"Disturbance of a land area of less than 10,000 square feet in size or less than 2,500 square feet in an area designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.). However, the governing body of the program authority may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"9":{"id":263983,"text":"Minor land-disturbing activities such as home gardens and individual home landscaping, repairs, and maintenance work;","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"10":{"id":263984,"text":"Installation, maintenance, or repair of any individual service connection;","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"11":{"id":263985,"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","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"12":{"id":263986,"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","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"13":{"id":263987,"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","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5","next_prefix":"F7"},"14":{"id":263988,"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.) of Title 10.1 or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163;","type":"section","prefixes":["F","7"],"prefix":"7","entire_prefix":"F7","prefix_anchor":"F7","level":2,"prior_prefix":"F6","next_prefix":"F8"},"15":{"id":263989,"text":"Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;","type":"section","prefixes":["F","8"],"prefix":"8","entire_prefix":"F8","prefix_anchor":"F8","level":2,"prior_prefix":"F7","next_prefix":"F9"},"16":{"id":263990,"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","9"],"prefix":"9","entire_prefix":"F9","prefix_anchor":"F9","level":2,"prior_prefix":"F8","next_prefix":"F10"},"17":{"id":263991,"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;","type":"section","prefixes":["F","10"],"prefix":"10","entire_prefix":"F10","prefix_anchor":"F10","level":2,"prior_prefix":"F9","next_prefix":"F11"},"18":{"id":263992,"text":"Discharges to a sanitary sewer or a combined sewer system that are not from a land-disturbing activity; and","type":"section","prefixes":["F","11"],"prefix":"11","entire_prefix":"F11","prefix_anchor":"F11","level":2,"prior_prefix":"F10","next_prefix":"F12"},"19":{"id":263993,"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","12"],"prefix":"12","entire_prefix":"F12","prefix_anchor":"F12","level":2,"prior_prefix":"F11"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:55\/","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 14 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 1979, chapter 432; in 1988, chapters 732 and 891; in 1993, chapter 925; in 1999, chapter 555<\/a>; in 2001, chapter 490<\/a>; in 2003, chapters 827<\/a> and 966<\/a>; in 2006, chapter 466<\/a>; in 2008, chapter 23<\/a>; in 2011, chapters 720<\/a> and 721<\/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>; in 2024, chapters 5<\/a> and 104<\/a>.<\/p>","references":[{"id":71858,"section_number":"62.1-44.15:55.1","catch_line":"Department review of erosion and sediment control plans for solar projects","order_by":null,"url":"\/62.1-44.15_55.1\/"},{"id":58785,"section_number":"62.1-44.15:58","catch_line":"Monitoring, reports, and inspections","order_by":null,"url":"\/62.1-44.15_58\/"},{"id":68747,"section_number":"62.1-44.15:58.1","catch_line":"Inspections; land-disturbing activities of natural gas pipelines; stop work instructions","order_by":null,"url":"\/62.1-44.15_58.1\/"},{"id":70738,"section_number":"62.1-44.15:63","catch_line":"Penalties, injunctions and other legal actions","order_by":null,"url":"\/62.1-44.15_63\/"},{"id":67572,"section_number":"62.1-44.15:65","catch_line":"Authorization for more stringent ordinances","order_by":null,"url":"\/62.1-44.15_65\/"},{"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":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":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":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":269645,"object_type":"law","relational_id":73356,"identifier":"62.1-44.15:55","token":"62.1\/3.1\/2.4\/62.1-44.15_55","url":"\/62.1-44.15_55\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_55\/","token":"62.1\/3.1\/2.4\/62.1-44.15_55","dublin_core":{"Title":"Regulated land-disturbing activities; submission and approval of erosion and sediment control plan","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:55","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in § 62.1-44.15:31<\/a> for a land-disturbing activity<\/span> conducted by a state agency, federal entity, or other specified entity, no person<\/span> shall engage in any land-disturbing activity<\/span> until (i) he has submitted to the VESCP authority<\/span> an erosion and sediment control plan<\/span> for the land-disturbing activity<\/span> and the plan has been reviewed and approved and (ii) where Virginia Pollutant Discharge Elimination System permit coverage is required, the VESCP authority<\/span> has obtained evidence<\/span> of such permit coverage from the Department<\/span>’s online reporting system prior to issuing its land-disturbance approval<\/span>. A VESCP authority<\/span> may enter into an agreement with an adjacent VESCP or VESMP authority regarding the administration of multijurisdictional projects specifying who shall be responsible for all or part of the administrative procedures. Should adjacent authorities fail to come to such an agreement, each shall be responsible for administering the area of the multijurisdictional project that lies within its jurisdiction<\/span>. Where the land-disturbing activity<\/span> results from the construction of a (a) single-family residence or (b) 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, an agreement in lieu of a plan<\/span> may be substituted for an erosion and sediment control plan<\/span> if executed by the VESCP authority<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The VESCP authority<\/span> shall review erosion and sediment control plans<\/span> submitted to it and grant written approval within 60 days of the receipt of the plan if it determines that the plan meets the requirements of this article and the Board<\/span>’s regulations<\/span> and if the person<\/span> responsible for carrying out the plan certifies that he will properly perform the erosion and sediment control measures included in the plan and shall comply with the provisions of this article. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person<\/span> responsible for carrying out the plan shall provide the name of an individual holding a certificate<\/span> to the VESCP authority<\/span>, as provided by § 62.1-44.15:52<\/a>, who will be in charge of and responsible for carrying out the land-disturbing activity<\/span>. However, any VESCP authority<\/span> may waive<\/span> the certificate<\/span> requirement for an agreement in lieu of a plan<\/span>. If a violation occurs during the land-disturbing activity<\/span>, then the person<\/span> responsible for carrying out the agreement in lieu of a plan<\/span> shall correct the violation and provide the name of an individual holding a certificate<\/span>, as provided by § 62.1-44.15:52<\/a>. Failure to provide the name of an individual holding a certificate<\/span> prior to engaging in land-disturbing activities may result in revocation<\/span> of the approval of the plan and the person<\/span> responsible for carrying out the plan shall be subject to the penalties provided in this article.\n\t\t\tWhen a plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant<\/span> within 45 days. The notice shall specify the modifications, terms, and conditions that will permit approval of the plan. If no action is taken by the VESCP authority<\/span> within the time specified in this subsection, the plan shall be deemed approved and the person<\/span> authorized to proceed with the proposed activity. The VESCP authority<\/span> shall act on any erosion and sediment control plan<\/span> that has been previously disapproved within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The VESCP authority<\/span> may require changes to an approved plan 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

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

E.<\/span> For the purposes of subsections A and B, when land-disturbing activity<\/span> will be required of a contractor performing construction work pursuant to a construction contract<\/span>, the preparation, submission, and approval of an erosion and sediment control plan<\/span> shall be the responsibility of the owner<\/span>. <\/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> Disturbance of a land area of less than 10,000 square feet in size or less than 2,500 square feet in an area designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67<\/a> et seq.). However, the governing body of the program authority may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

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

4.<\/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

5.<\/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

6.<\/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

7.<\/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.) of Title 10.1 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

8.<\/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

9.<\/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

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 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>; <\/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>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/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>","plain_text":" CODE OF VIRGINIA\n\nREGULATED LAND-DISTURBING ACTIVITIES; SUBMISSION AND APPROVAL OF EROSION AND\nSEDIMENT CONTROL PLAN (\u00a7 62.1-44.15:55)\n\nA. Except as provided in § 62.1-44.15:31 for a land-disturbing activity\nconducted by a state agency, federal entity, or other specified entity, no\nperson shall engage in any land-disturbing activity until (i) he has submitted\nto the VESCP authority an erosion and sediment control plan for the\nland-disturbing activity and the plan has been reviewed and approved and (ii)\nwhere Virginia Pollutant Discharge Elimination System permit coverage is\nrequired, the VESCP authority has obtained evidence of such permit coverage from\nthe Department’s online reporting system prior to issuing its\nland-disturbance approval. A VESCP authority may enter into an agreement with an\nadjacent VESCP or VESMP authority regarding the administration of\nmultijurisdictional projects specifying who shall be responsible for all or part\nof the administrative procedures. Should adjacent authorities fail to come to\nsuch an agreement, each shall be responsible for administering the area of the\nmultijurisdictional project that lies within its jurisdiction. Where the\nland-disturbing activity results from the construction of a (a) single-family\nresidence or (b) 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, an agreement\nin lieu of a plan may be substituted for an erosion and sediment control plan if\nexecuted by the VESCP authority.\n\nB. The VESCP authority shall review erosion and sediment control plans submitted\nto it and grant written approval within 60 days of the receipt of the plan if it\ndetermines that the plan meets the requirements of this article and the\nBoard’s regulations and if the person responsible for carrying out the\nplan certifies that he will properly perform the erosion and sediment control\nmeasures included in the plan and shall comply with the provisions of this\narticle. In addition, as a prerequisite to engaging in the land-disturbing\nactivities shown on the approved plan, the person responsible for carrying out\nthe plan shall provide the name of an individual holding a certificate to the\nVESCP authority, as provided by § 62.1-44.15:52, who will be in charge of\nand responsible for carrying out the land-disturbing activity. However, any\nVESCP authority may waive the certificate requirement for an agreement in lieu\nof a plan. If a violation occurs during the land-disturbing activity, then the\nperson responsible for carrying out the agreement in lieu of a plan shall\ncorrect the violation and provide the name of an individual holding a\ncertificate, as provided by § 62.1-44.15:52. Failure to provide the name of\nan individual holding a certificate prior to engaging in land-disturbing\nactivities may result in revocation of the approval of the plan and the person\nresponsible for carrying out the plan shall be subject to the penalties provided\nin this article.\n\t\t\tWhen a plan is determined to be inadequate, written notice of disapproval\nstating the specific reasons for disapproval shall be communicated to the\napplicant within 45 days. The notice shall specify the modifications, terms, and\nconditions that will permit approval of the plan. If no action is taken by the\nVESCP authority within the time specified in this subsection, the plan shall be\ndeemed approved and the person authorized to proceed with the proposed activity.\nThe VESCP authority shall act on any erosion and sediment control plan that has\nbeen previously disapproved within 45 days after the plan has been revised,\nresubmitted for approval, and deemed adequate.\n\nC. The VESCP authority may require changes to an approved plan in the following\ncases:\n\n 1. Where inspection has revealed that the plan is inadequate to satisfy\n applicable regulations; or\n\n 2. Where the person responsible for carrying out the approved plan finds that\n because of changed circumstances or for other reasons the approved plan cannot\n be effectively carried out, and proposed amendments to the plan, consistent\n with the requirements of this article and associated regulations, are agreed\n to by the VESCP authority and the person responsible for carrying out the\n plan.\n\nD. In order to prevent further erosion, a VESCP authority may require approval\nof an erosion and sediment control plan for any land identified by the VESCP\nauthority as an erosion impact area.\n\nE. For the purposes of subsections A and B, when land-disturbing activity will\nbe required of a contractor performing construction work pursuant to a\nconstruction contract, the preparation, submission, and approval of an erosion\nand sediment control plan shall be the responsibility of the owner.\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. Disturbance of a land area of less than 10,000 square feet in size or less\n than 2,500 square feet in an area designated as a Chesapeake Bay Preservation\n Area pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et\n seq.). However, the governing body of the program authority may reduce this\n exception to a smaller area of disturbed land or qualify the conditions under\n which this exception shall apply;\n\n 2. Minor land-disturbing activities such as home gardens and individual home\n landscaping, repairs, and maintenance work;\n\n 3. Installation, maintenance, or repair of any individual service connection;\n\n 4. 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 5. 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 6. Permitted surface or deep mining operations and projects, or oil and gas\n operations and projects conducted pursuant to Title 45.2;\n\n 7. 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.) of Title 10.1 or is\n converted to bona fide agricultural or improved pasture use as described in\n subsection B of § 10.1-1163;\n\n 8. Installation of fence and sign posts or telephone and electric poles and\n other kinds of posts or poles;\n\n 9. 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 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;\n\n 11. Discharges to a sanitary sewer or a combined sewer system that are not\n from a land-disturbing activity; and\n\n 12. Repair or rebuilding of the tracks, rights-of-way, bridges, communication\n facilities, and other related structures and facilities of a railroad company.\n\nHISTORY: 1973, c. 486, \u00a7 21-89.6; 1979, c. 432; 1988, cc. 732, 891, \u00a7\n10.1-563; 1993, c. 925; 1999, c. 555; 2001, c. 490; 2003, cc. 827, 966; 2006, c.\n466; 2008, c. 23; 2011, cc. 720, 721; 2012, cc. 785, 819; 2013, cc. 756, 793;\n2016, cc. 68, 758; 2023, cc. 48, 49; 2024, cc. 5, 104.","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}}