Section 9-5.B.34 of the Subdivision Ordinance requires submission of U.S. Army Corps of Engineers Jurisdictional Determination for some land development applications.  This requirement can be waived in certain circumstances.  

1.   If soil map units with hydric soils or hydric soil inclusions are not present on the parcel or in the project area, then neither a JD nor a waiver is required. For the County Soil Map or County Type 1 Soil Report, the information in the latest version of The Interpretive Guide to the Soils in Fauquier County shall be used to determine if the soil map units is composed of hydric soils or has hydric soil inclusions.

2.   The project is not eligible for a waiver of 9-5.B.34 under the following conditions:

      a. Project consists of greater than 6 lots (including any residue or open space lot) and/or

      b. Project proposed disturbance in or within 20 feet of a soil map unit with hydric soils.

3.   If the project proposes 6 or less lots (including residue or open space parcel), it may be eligible for a waiver if no disturbance is proposed in or within 20 feet of soil map units with hydric soils or hydric soil inclusions.

4.   Information provided by the U.S. Army Corps of Engineers or the Virginia Department of Environmental Quality may preclude the waiver of a JD.

 

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