Attention

Policy Change Related to

Issuance of Certificates of Occupancy

Effective February 1, 2017


As of February 1, 2017, building permit holders will be required to have final stabilization of the property in place per Erosion & Sediment Control Regulations 9VAC25-840-40 prior to obtaining an Occupancy Permit.  Minimum Standard 1 requires permanent or temporary soil stabilization to be applied to denuded areas within seven days after final grade is reached on any portion of the site.  Temporary soil stabilization is also required to be applied within seven days to denuded areas that may not be at final grade but that will remain dormant for longer than 14 days. 

Any disturbance associated with the construction of the house will require stabilization.  Sod, hydroseeding, and seed & straw are accepted measures for stabilization. When you call in for your final inspection, a final E&S inspection will be scheduled at that time.

Erosion & Sediment Control (E&S)

The Department of Community Development administers the Erosion and Sediment Control (E&S) program required by state law.  The program assures that measures are in place during construction to help safeguard waters from pollutants and sediment deposition downstream while also minimizing damages due to increases in volume and velocity. An approved E&S plan is required prior to the issuance of a land disturbing permit, and E&S inspectors perform bi-weekly inspections on all active development projects to ensure that all control measures are properly installed and maintained.  See Permitting Process Page for application information. 

Stormwater Management (SWM)

The Department of Community Development also administers the Stormwater Management (SWM) program for Fauquier County, as required by state law.  SWM facilities are required to be designed and constructed in conjunction with development to ensure the protection of state waters from pollutants in runoff after construction has been completed.  SWM Plans are submitted, reviewed and approved by the County in conjunction with development proposals.  The County also reviews field surveys of constructed SWM facilities (As-Built Plans) to ensure they were built according to the design, and ensures maintenance of constructed SWM facilities through recorded easements, maintenance agreements, and routine inspections.  See Permitting Process Page for application information and Stormwater Page for requirements related to stormwater management. 

Summary Table of Requirements

Type of Disturbance,
Conversion or
Development

Land Area Disturbed,
Converted and/or
Developed

Requirement Under
Chapter 11

Single-Family

Less than 10,000 sq. ft.

Exempt from the requirements of this chapter unless part of a larger common plan of development.

10,000 sq. ft. to 1 acre

LDP with an Agreement in Lieu of Plan or LDP with an Erosion and Sediment Control Plan Required (See sections 11-51 and 11-52).

1 acre or more

LDP with an Agreement in Lieu of Plan or LDP with an Erosion and Sediment Control Plan Required (See sections 11-51 and 11-52).

Agricultural Activity not meeting the exemptions set forth in section 11-5

Less than 10,000 sq. ft.

Exempt from the requirements of this chapter unless part of a larger common plan of development.

10,000 sq. ft. to 1 acre

LDP Required  (See sections 11-51 and11-52).

More than 1 acre

VSMP/LDP Permit Required  (See section 11-53.)

All Other Types of Activity

Less than 10,000 sq. ft.

Exempt from the requirements of this chapter unless part of a larger common plan of development.

10,000 sq. ft. up to 1 acre of disturbance AND less than 10,000 sq. ft. of conversion to impervious surface

LDP Required  (See section 11-52).

More than 1 acre of disturbance OR more than 10,000 sq. ft. of conversion to impervious surface

VSMP Authority/LDP Permit Required  (See section 11-53).


 

 

 

FAQs

  • I would like to apply for a special exception to allow more nonagricultural fill than I am permitted to import to my property by-right. What do I need to do?
  • Are there any fill activities that are exempt from the needed approvals?
  • I am an excavation contractor for the Commonwealth of Virginia. What approvals are necessary to place nonagricultural fill on property that I own?
  • I own multiple parcels that are adjacent to each other. Am I permitted to import up to 200 cubic yards to each parcel that I own within a 24-hour period before a special exception is required?
  • Where can the nonagricultural fill be placed on my property?
  • My parcel is larger than 10 acres – how much nonagricultural fill can I have brought to my property?
  • I would like to apply for the no-fee Administrative Permit. Who do I contact?
  • My parcel is 10 acres – how much nonagricultural fill can I have brought to my property?
  • How do I know if the new Ordinance applies to my property?
  • What is nonagricultural fill material?
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