Land Disturbing Permitting Process

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Agreements in Lieu of a Plan 

Construction of a single-family dwelling unit or farm buildings/structures require approval of a land disturbing permit prior to issuance of a zoning/building permit if more than 10,000 square feet is being disturbed.  

Single family dwellings that disturb less than 5 acres and farm buildings/structures that will result in a total impervious cover percentage of less than 5% can be permitted with an “Agreement in Lieu of a Plan.” An “Agreement in Lieu of a Plan” is a contract between the VESMP Authority (the County) and the owner that specifies erosion and sediment control measures that must be implemented and maintained during construction.  

Although a plan is not required in the above instances, additional information may be required in certain circumstances and must be submitted as described in the applications.  

Agreements in Lieu of a Plan

Land Disturbing Permit (LDP) for Projects with Less than 1 Acre of Disturbance 

Activity that disturbs more than 10,000 square feet and less than one (1) acre of disturbance  requires a land disturbing permit. This includes agricultural activity not meeting the requirements set forth in Section 11-5 of the Fauquier County Code. 

Projects with Less Than 1 Acre of Disturbance

Land Disturbing Permit (LDP)/VESMP Authority Permit for Projects with More than 1 Acre of Disturbance 

Activity that disturbs more than one (1) acre (more than 5 acres for a single-family dwelling) OR more than 10,000 square feet of conversion to impervious area requires a Land Disturbing Permit and a Virginia Erosion and Stormwater Management Program (VESMP) Authority Permit. 

Projects with More than 1 acre of disturbance

Land Disturbing Permit (LDP)/VESMP Authority Permit for Projects with an Approved Site Plan/Construction Plan/Infrastructure Plan  

Site work cannot begin and building permits cannot be issued until the Site Plan/Construction Plan/Infrastructures Plan is RELEASED. A Land Disturbing Permit and a VESMP Authority Permit are required for release. 

LDP INFRA