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Vegetation, such as groundcover, turf and plants, protects and stabilizes our soil, preventing sediment from leaving a site. Removing vegetation, including trees, is also considered land disturbance and is further defined by the Ordinance as clearing.
Clearing: removing all or part of existing vegetation
Grading: ensuring a level base, or one with a specified slope
Excavating: forming a cavity in the land by cutting, digging or scooping
Transporting and filling of land: adding or removing dirt
Paving of existing pervious: areas penetrable by water
Creating new impervious areas: surface material significantly obstructing or preventing natural infiltration of water into the soil
Some activities are exempt as listed under Section 104-1-7(m), and include:
Land disturbance that is less than 2,500 square feet
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
Septic tank lines or drainfields unless included in an overall plan relating to construction of the building to be served by the septic tank system (e.g., new single-family home)
Installation of fence and signposts or telephone and electric poles and other kinds of posts or poles
Emergency work to protect life, limb or property
Certain agricultural/horticultural activities
NOTE: The application of the above exemptions is very specific and generally requires additional guidance and interpretation from staff. For more information, please contact the Engineer of the Day via email or telephone at 703-324-2258, TTY 711.
Fairfax County is subject to the Chesapeake Bay Act and as such all land-disturbing activities exceeding 2,500 square feet are regulated by the Erosion and Sediment Control Ordinance and require an approved site-related planBEFORE disturbance. The type of plan you submit depends on the area of land you will disturb and the complexity of your project.
To calculate the total disturbed area for your project, add the following:
Area of project footprint
10-foot-wide work zone around all sides of the project footprint
10-foot-wide access path from existing street/driveway to edge of project footprint
Area of stockpile footprint matching area of project footprint (only when project includes excavation such as for a pool or basement foundation)
For more information on how disturbance is calculated, see Letter to Industry #09-05 or contact the Customer and Technical Support Center via phone at 703-222-0801, TTY 711.
What Approvals Are Required?
Be sure to obtain all necessary approvals before beginning land-disturbing activity. Failure to obtain the necessary pre-approvals may result in a violation. Approvals may include the following:
Zoning approval (considering property setbacks, easements and use of the proposed improvement)
What Else Do I Need to Know?
Before beginning any land-disturbing activity, regardless of size, contact Virginia 811 at VA811.com or by telephone at 811 or 800-552-7001.
Free Dirt Could be Costly!
Fill dirt companies often look for a place to offload excess fill material, but you as the owner could be found in violation of the county’s environmental laws if you accept fill without an approved grading plan.
When you are adding soil on more than 2,500 square feet of land, you must comply with the county’s erosion and sediment control law (Chapter 104 of the County Code) and you may need to submit a site-related plan to the County. When you are altering grade by more than 18 inches, additional laws apply. If a big enough storm hits, just one small stockpile of fill dirt can lead to eroded soil entering the stream.
Recently Approved Grading Plan
If you recently improved your property under an approved site-related plan (i.e., grading plan) and have not yet received the refund of the associated escrow deposit you should contact the Bonds and Agreements Center via email or telephone at 703-222-0801, TTY 711,BEFORE performing any new work on your property, regardless of size. The grading plan must be officially released before any new land disturbance may begin or you could be in risk of a violation even if the work originally covered under the plan is complete. The issuance of the Residential Use Permit (aka Occupancy Permit) does NOT constitute “release” of the plan.
Reporting Land Development Concerns
Fairfax County is committed to maintaining the quality of our natural environment. As a result, there are regulations which address the clearing of land, the dumping of fill dirt and debris such as stumps and trash and the erosion of soil. To learn more, including which agency to contact for each type of concern, visit our reporting Web page. Disturbing more than 2,500 square feet without an approved plan, will result in a violation.