Erosion & Sediment Control Program

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Overview

The Erosion & Sediment Control Program works with the Virginia Department of Environmental Quality (DEQ) to conserve, protect, and enhance their lands and improve the quality of the Chesapeake Bay and our rivers and streams, promotes the stewardship and enjoyment of natural, cultural and outdoor recreational resources, and ensures the safety of Virginia's dams.

Any land disturbing activity exceeding 5,000 square feet will require a land disturbing permit (LDP).  Land Disturbing Activity means 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 the Commonwealth, including but not limited to, clearing, grading, excavating, transporting, and filling of land, except that the term shall not include those activities which are exempted by the Code of Virginia and/or local ordinance.

As provided by the Code of Virginia, §62.1-44.15.51 through 62.1-44.15.66, the following activities are not considered land disturbing activities in Appomattox County:

  • Minor land-disturbing activities such as home gardens and individual home landscaping, repairs, and maintenance work.
  • Individual service connections.
  • 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 road, street or sidewalk which is hard-surfaced.
  • 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.
  • Surface or deep mining activities authorized under a permit by the Virginia Department of Mines, Minerals, & Energy.
  • Exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas.
  • Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operation 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 in accordance with the provisions of Code of Virginia §10.1-1100 et seq. or the area is converted to bona fide agricultural or improved pasture use.  Evidence of intent of bona fide agricultural or improved pasture use shall require, as a minimum and within twelve months from the date of completion of commercial cutting, that the land intended for such use shall be cleared of all trees, snags, brush, tree tops, and debris by piling and burning or otherwise disposing of the same, or by enclosing the area with a well-constructed fence and planting grass seed thereon so as to make a bona fide improved pasture.
  • Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act (Code of Virginia §10.1-604 et seq), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation.
  • Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.
  • Disturbed land areas of less than 5,000 square feet in size.
  • Installation of fence and sign posts or telephone and electric poles and other kinds of poles.
  • Emergency work to protect life, limb, or property, and emergency repairs; however, if the land-disturbing activity would have required 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.

E & S Program Fees

There are two levels of Erosion & Sediment Control fees:

  • Agreement in Lieu of an Official Erosion & Sediment Control Plan, which is a contract between Appomattox County and the owner specifying conservation measures that must be implemented during the construction of a single family residence.  This is executed by the County in lieu of a formal site plan.  The cost for an Agreement in Lieu is $75.00 + $10.00 per acre or portion thereof.
  • Land Disturbance Permit (LDP), which is a permit issued by Appomattox County for the clearing, filling, excavating, grading, and transporting of land, or for any combination thereof.  The cost for a LDP is $300.00 + $25.00 per acre or portion thereof.

Responsible Land Disturber License

If an area greater than 5,000 sq. ft. is to be disturbed, a Responsible Land Disturber (RLD) must be identified.  For more information, please contact DEQ or visit the DEQ website at http://www.deq.virginia.gov/.