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Fairfax County, Virginia
Fairfax County Virginia
Fairfax County Virginia

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Land Development Services

  1. Home
  2. Land Development Services
  3. Waivers (WAIV)

Land Development Services Alert:

CONTACT INFORMATION: Monday through Thursday, 8 a.m. - 4 p.m. and Friday, 9:15 a.m. - 4 p.m. Please note that visitors may not be added to in-person queues past 3:45 p.m.
703-222-0801 TTY 711
LandDevelopmentServices@fairfaxcounty.gov
12055 Government Center Pkwy
Fairfax, VA 22035
fairfaxcounty
Bill Hicks
Director

Department Resources

  • LDS Home
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  • Site Development
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  • Project Management Program
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Related Resources

  • PLUS Portal
  • LDS PLUS Support
  • Meeting Approval Conditions
  • Site-Related Plans
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Waivers (WAIV)

A waiver must be approved when a project proposes to waive or modify site code requirements. The county can approve a waiver or variation where strict application of the standard cannot be met for a particular site or where new or creative designs are proposed. The proposed waiver or variation must meet the intent of the code provisions and a statement of justification for requesting the waiver or modification, including supporting data and information, must accompany the submission. Request for approval of a waiver, modification, and exception are all submitted as PLUS record type “Waivers.” A modification request requires county approval to modify a particular specification or requirement. An exception is a request for relief from the provisions of Articles 4 and 5 of the Erosion and Stormwater Management Ordinance, or pursuant to the Chesapeake Bay Preservation Ordinance for work in the Resource Protection Area (RPA).


Depending on the scope of your project, you may need to apply for a separate building permit record in PLUS. To determine whether your project requires a permit, visit When a Permit is Required. Once you determine the appropriate record type, review the associated Permit Library guide to find details regarding the submission and review process.

ON THIS PAGE

  • Who Should Apply?
  • Plan Ahead
  • How Do I Submit My Record?
  • Requirements
  • What's Next?
  • Additional Resources
 

This information is the most common for how to obtain the necessary approval for your project and is not representative of all the conditions you may encounter.

 

 

WHO SHOULD APPLY?

Developers or their duly authorized agents may submit waivers, however, supporting plans associated with the waiver request should be sealed by a professional engineer, land surveyor, architect or landscape architect licensed by the Commonwealth of Virginia and meeting the respective code requirements.

 

 

PLAN AHEAD

Before submitting, ensure you are aware of all applicable regulations and conditions that could affect your project to avoid surprises during the review process. Some of those factors include:

  • Zoning Information
  • Design Codes and Standards
  • Do I Need to Hire a Design Professional?
  • Floodplains
  • Resource Protection Areas (RPA)
  • Grading/Site Plans
  • Parking Tabulation
  • Types of Soils and Problem Soils
  • Researching Site Conditions

To get a detailed description about each regulation and condition, visit our Plan Ahead page.

 

 

HOW DO I SUBMIT MY RECORD?


PLUS Application

Apply for your waiver online in PLUS under the Site tab. If you are a first-time user, you must first register for an account.

application tab

 


 

RPA buffer

 .

Minor Addition Exceptions and Removal of Vegetation requests in the RPA are both reviewed by the Site Services Minimum Submission Review (MSR) team within five (5) business days. The detailed PLUS submission processes can be found here:

  • Minor Addition Walk Through Exception
  • Removal of Vegetation in the RPA

 


 

Submission Guidelines

Visit our Site-Related Submission Guidelines page for information on how to submit your plan, including strongly encouraged naming conventions.

 

Tutorial on Uploading Plans and Documents in PLUS


 

Helpful Instruction Guide:

  • Uploading Plans and Documents

 

Need Help with PLUS?  Visit Our LDS PLUS Support Page.

 

 

Requirements

Depending on the scope of your project, one or more of the following may be required:
 

First Submissions:

  • Appropriate waiver application (dependent on scope):
    • RPA Minor Additions (Walk Through WRPA) – Select this Waiver type for RPA requests proposing a minor addition to an existing home that will result in no more than 2,500 square feet of land disturbance or 1,000 square feet of impervious area. For submission details, visit the RPA & Floodplain Review for Minor Additions webpage.
    • Removal of Vegetation Requests (RPA WRPA) – Select this Waiver type for RPA requests proposing the removal, treatment or management of non-native, invasive vegetation and dead, dying or diseased trees and shrubs that will result in no more than 2,500 square feet of land disturbance. For submission details, visit Removing Vegetation in an RPA.
    • Waiver/Modification/Exception Application Form – for PFM modifications requests, subdivision ordinance waiver requests and stormwater management ordinance exceptions.
    • Chesapeake Bay Preservation Ordinance RPA Exemption/Exception Request – for RPA requests that can be reviewed administratively and do not require a public hearing.
    • Exception for Public Hearing (RPA) – for RPA exception requests that are unable to meet administrative provisions (i.e., reviewed by staff) and require a public hearing under Article 6 of the Chesapeake Bay Preservation Ordinance . Projects that commonly require public hearing exceptions include detached accessory structures such as sheds, patios, detached garages and pools. A water quality impact assessment must be submitted prior to your WAIV submission and deemed “acceptable” by the Site Development and Inspections Division (SDID). It is strongly recommended that you first consult with an SDID stormwater specialist before submitting your application. You can contact SDID at 703-222-0801, option 3, TTY 711.
  • Reference to specific code sections that are the subject of the request
  • Detailed description of the requested waiver/modification
  • Detailed justification including why the code requirement cannot be met and how the waiver or modification meets the intent of the associated code provisions
  • Supporting documentation necessary for the county to assess the request (as referenced in the applicable application above)
  • Digital signature - verifiable digital signature of the licensed design professional, when applicable
  • Review fee

 

Subsequent Submissions:

  • Digital signature - verifiable digital signature of the licensed design professional
  • Applicant responses - enter responses to all open issues in the PLUS Digital Plan Room
  • Review fee

Helpful Videos:

red arrow in gray box Respond to Issues - YouTube

red arrow in gray box Upload Corrected Plans - YouTube

Helpful Instruction Guides:

  • Corrections Required
  • VOID Sheet Process

 

 

What's Next?

To get a step-by-step guide on PLUS statuses and what they mean, see our What is My PLUS Status? Site Plans Infographic.

 

Review Process

Staff from the Site Services and Site Development and Inspections Division will review your package for completeness and compliance with applicable codes and county ordinances. You will be notified of any deficiencies. Plan corrections, resubmission fees and additional supporting documents may be required.

  • Queue times
  • Fees
  • Common plan comments for site review
  • Workflow Routing Slip to track review and plan assignment

For a detailed summary of application progress, to include the name(s) of assigned review staff, click on “Reports” in the top-right corner of the PLUS screen, when you are in a specific record, and select “Workflow Routing Slip Report.”

workflow routing slip

Waiver Letter Issuance

Once all reviews are complete and fees paid, the letter of determination regarding your requested waiver/modification will be available to download from PLUS.

Helpful Video:

red arrow in gray box Approved Plans - YouTube Video

 

 

Additional Resources

  • Site-Related Plans
  • Chesapeake Bay Preservation Ordinance


 

Need More Assistance?

For questions or additional information, please visit the Site Services website or via telephone at 703-222-0801, TTY 711.


 

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Need Help? Call 703-222-0801, TTY 711.

Monday through Thursday from 8 a.m. to 4 p.m. and Friday from 9:15 a.m. to 4 p.m.

 

  • LDS Permit Library:  Access guides to navigate every record type in PLUS.
  • Letters to Industry:  Subscribe for LDS announcements, notices, and tech bulletins.
  • Meet With Staff:  Find a staff member to help you with the permit process.

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