Land Development Notice

Land Development Services
12055 Government Center Parkway
Fairfax, Virginia  22035
703-324-1780, TTY 711

June 10, 2014

Stormwater Ordinance Interpretations

The following interpretations apply to the County’s Stormwater Ordinance.

  1. INFILL LOT GRADING PLANS.  Land-disturbing activities for single-family detached dwellings disturbing less than one acre and not part of a larger common plan of development or sale, including: additions to existing single-family detached dwellings; accessory structures to single-family detached dwellings; and demolitions of single-family detached dwellings or accessory structures are not required to obtain state VPDES permit coverage. Consequently, infill lot grading plans for such land-disturbing activities submitted for review to Land Development Services (LDS) no later than close-of-business on June 30, 2014, are considered to have met the eligibility requirements of § 124-1-11.A (Time Limits on Applicability of Approved Design Criteria) of the Stormwater Management Ordinance for acquisition of state permit coverage provided that the infill lot grading plan is complete and accepted for review, and is subsequently approved before Jan. 1, 2015. Resubmissions of infill lot grading plans that have met the June 30, 2014, submission deadline may be approved as long as the revised plan does not result in a net increase in phosphorus runoff from the land-disturbing activity as depicted on the previously submitted version of the plan. These projects shall be subject to the technical criteria of Article 5 (i.e., the current stormwater management criteria) of the ordinance pursuant to § 124-1-11.A. 

    Infill lot grading plans submitted after June 30, 2014, must demonstrate compliance with the new technical requirements of Article 4 of the ordinance.

  2. BMP and/or DETENTION WAIVERS. The county has determined that BMP and/or detention waivers with expiration dates that extend past July 1, 2014, shall remain valid until the expiration date or the life of the associated plan if it has been approved provided that all conditions of the waivers are met. Extensions of these waivers will not be granted unless the associated plan qualifies for grandfathering. For application of this determination for specific sites, contact the appropriate Branch Chief in the Site Development and Inspection Division.

  3. START OF CONSTRUCTION. The county has determined that all references to commencing or starting construction in the Stormwater Management Ordinance, Virginia Stormwater Management Regulations, and the Virginia Stormwater Act shall be interpreted as the applicant/owner/developer having obtained a land disturbance permit from LDS.

For more information contact the Site Code Research and Development Branch at 703-324-1780, TTY 711.


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