Office of E & S

NOTICE FOR
ALL EXCAVATORS, DEVELOPERS, CONTRACTORS, HOME BUILDERS

If you are planning a construction project which involves more than 10,000 square feet (approximately a quarter of an acre) of disturbed area, you should first check with your local official. Most land disturbing activities require a permit and an approved Erosion and Sediment Control (E&S) plan prior to beginning construction. According to the Virginia Erosion and Sediment Control Law, a building permit for such a project may not be issued until the applicant submits an erosion and sediment control plan to the local official for review. The locality then has 45 days to review the plan. Therefore, in order to avoid delays in the project it is best to submit the E&S plan early. If you are not the owner, you should make sure the project has an approved E&S plan before beginning any land disturbance. If you begin grading operations without proper authorization, your activity can be stopped. Following is a partial list of activities EXEMPT from this law: The owner is responsible for obtaining the Land Disturbing Permit and providing the performance bond.

• Home gardens and landscaping
• Individual service connections
• Underground public utilities (on an existing hard surfaced road or sidewalk)
• Tilling, planting, or harvesting of agricultural, horticultural, or forest crops or livestock feedlot operations with conditions
  
• Agricultural engineering operations
• Disturbed areas less than 10,000 square feet

The following activities are NOT EXEMPT from this law:

• *Single family residences in excess of 10,000 square feet not part of a subdivision development.
• Individual lots of less than 10,000 square feet in a residential subdivision development*
• Residential subdivision development (regardless of phasing or ownership)**
• Commercial and industrial subdivision development**
• Roads or driveways that disturb in excess of 10,000 square feet
.

*An “Agreement in Lieu of a Plan” may substitute for E & S plan in this case. CLICK HERE to submit this form electronically.

**Stormwater Management must be considered for ultimate development.

In addition to an Erosion & Sediment Control Plan, your project may require coverage under the Virginia Storm water Management Program (VSMP) Construction General Permit. The VSMP Permit Regulations require owners/operators of construction activities (those sites or common plans of development or sale that will result in the disturbance of one or more acres of total land area) to obtain coverage under the General Permit for Discharges of Stormwater from Construction Activities [DCR01].

Those grading on the site must also hold a Registered Land Disturber (RLD) Permit.

These programs are administered by Virginia Department of Conservation and Recreation


If you have any questions, please feel free to call the Carroll County Erosion and Sediment Control Inspector - Mr. Terry Nester - at 276.730.3117 or the Department of Conservation and Recreation at (540) 643-2595.