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The Erosion & Sediment Control Inspectors Office
Grayson County Courthouse, Davis Street
Independence, Virginia 24348
James S. Moss
Grayson County Building Official
Phone: 276-773-2322
Fax: 276-773-3673
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 apporved 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.
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Home gardens and landscaping
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Individual service connections
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Underground public utilities (on an existing hard surfaced road or sidewalk)
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Tilling, planting, or harvesting of agricultural, horticultural, or forest crops or livestock feedlot operations with conditions
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Agricultural engineering operations
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Disturbed areas less than 10,000 square feet
The following activities are NOT EXEMPT from this law:
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*Single family residences in excess of 10,000 square feet not part of a subdivision development.
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Individual lots of less than 10,000 square feet in a residential subdivision development*
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Residential subdivision development (regardless of phasing or ownership)**
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Commercial and industrial subdivision development**
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Roads or driveways that disturb in excess of 10,000 square feet.
**Stormwater Management must be considered for ultimate development.
In addition to an Erosion & Sediment Control Plan, your project may require coverage under the Virginia Stormwater Management Program (VSMP) Construction General Permit. The VSMP Permit Regulations require ownser/operators of consturction 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.
Informational Downloads
If you have any questions please feel free to call the Grayson County Erosion and Sediment Control Administrator, James Moss, at 276-773-2322, or the Department of Conservation and Recreation.
Informational Downloads
DCR
Department of Conservation & Recreation
Virginia Erosion and Sediment Control Law
Exemptions to the Definition of Land Disturbing Activity Virginia Code Section 10.1-560
The Virginia Erosion and Sediment Control Law (Title 10.1, Chapter 5, Article 4 of the Code of Virginia as amended) defines a land-disturbing activity as any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in Virginia, including, but not limited to, clearing, grading, excavating, transporting, and filling of land. However, there are 13 specific activities that are exempt from teh definition of land-disturbing activity, and therefore, are exempt from the requirements of the Law.
Note that the appropriate regulatory authority is obligated to determine the validity of a claim of exempt status by an individual property owner. As soon as a nonexempt status is determined, the requirements of the Law shall be immediately enforced.
A digested version of these exemptions is provided in this brochure. Please refer to local ordinance or the Law for a complete, unedited copy of the exemptions.
1. Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work
2. Individual service connections
3. Installation, maintenance, or repair of any underground public utility lines 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 orad, street, or sidewalk that is hard surfaced
4. Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system
5. Surface or deep mining
6. Exploration or drilling for oil and gas including the well site, roads, feeder lines, and off-site disposal areas
7. Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: 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; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally or is converted to bona find agricultural or pasture use
8. Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities, and other related structures, and facilities of a railroad company
9. Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not requred to comply with the provisions of the Dam Safety Act, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation
10. Disturbed land areas of less than 10,000 square feet in size; 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
11. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles
12. Shore erosion control projects on tidal waters when the projects are approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of Engineers
13. Emergency work to protect life, limb or property, and emergency repairs; however, if the land-distrubing activity would have requred an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority
The complete, unedited version of the Virginia Erosion and Sediment Control Law as codified in the Virginia Code is available throug the Commonwealth of Virginia website at www.vipnet.org/vipnet/portal/government.
Additional information on Virginia's Erosion & Sediment Control and Stormwater Management Programs is available on DCR's website at www.dcr.state.us or from DCR Watershed Offices.
Department of Conservation & Recreation
Division of Soil & Water Conservation
Phone: (804) 786-2064
Fax: (804) 786-1798
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