Construction & Land Disturbance

A land disturbing permit is required when disturbing more than 10,000 square feet of land. This includes clearing, grading, excavation, transporting and filling of land. In order to obtain a land disturbing permit, an erosion and sediment control plan must be submitted to the County Engineer for review and approval, plan review fees paid, and surety provided.

Land disturbing activities involving the construction of a single family residence may sign an agreement in lieu of submitting an erosion and sediment control plan.

The following activities do not require a land disturbing permit:

• Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work. 
  Individual service connections.
• Installation, maintenance or repairs of any underground public utility lines 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. 
• Exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal.
• Tilling, planting or harvesting of agricultural, horticultural or forest crops, or livestock feedlot operations. This includes engineering operations such as: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivation, 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 the state law or is converted to bona fide agricultural or improved pasture use as described in the law.
• Repair or rebuilding of tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.
• Agricultural engineering operations, including construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Article 2 of Chapter 6, ditches, strip cropping, lister furrowing, contour cultivation, contour furrowing, land drainage and land irrigation.
• Installation of fence and sign posts or telephone and electric poles and other kinds of posts or 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.

An erosion and sediment control plan for the proposed project may be submitted for review and approval by the County Engineer. Plans may be submitted as attachments via email, mailed or brought to the Engineering and Regulatory Compliance office:

Montgomery County Government Center
755 Roanoke St., Suite 1C
Christiansburg, VA 24073.

The County Engineer will review your plans and send a review letter listing areas needing clarification or approval of the plans. If the plans are approved, the permit fees will be calculated by the disturbed area shown on the approved plans. An estimation of erosion and sediment costs will also be provided, which determines the bond, letter of credit or cash required for surety.

The plan review fee and bond, cash escrow or irrevocable letter of credit to cover the completion of the approved plan must be sent, along with a signed certification that the approved erosion and sediment control plan will be followed.

Section 8-87 of the Montgomery County Code provides a listing of fees.

An erosion and sediment control plan describes the potential for erosion and sedimentation on a construction project. The plan also explains and illustrates the measures that are to be taken to control those problems. The plan has a written portion known as the narrative and an illustrative portion known as a plan.

The narrative explains the erosion and sediment control decisions made for a particular project and the justification for those decisions. The narrative is especially important to the plan approving authority because it contains concise information concerning existing site conditions, construction schedules and other pertinent items that are not apparent in a typical site plan.

An erosion and sediment control plan must contain enough information to satisfy the plan approving authority that the problems of erosion and sedimentation have been adequately addressed for a proposed project. The length and complexity of the plan should be commensurate with the size of the project, the severity of site conditions and the potential for off-site damage.

The landowner or lessee has the responsibility for plan preparation and submission. The owner or lessee may designate someone (engineer, architect, contractor, etc.) to prepare the plan, but the owner or lessee retains the ultimate responsibility.

The Virginia Erosion and Sedimentation Control Handbook (VESCH) requires Erosion and Sediment Control Plan Narratives to address:

• Project description: Briefly describes the nature and purpose of the land disturbing activity, and the area (acres) to be disturbed.
• Existing site conditions: A description of the existing topography, vegetation and drainage.
• Adjacent areas: A description of neighboring areas such as streams, lakes, residential areas, roads, etc., which might be affected by the land disturbance.
• Off-site areas: Describe any off-site land-disturbing activities that will occur (including borrow sites, waste or surplus areas, etc.) Will any other areas be disturbed?
• Soils: A brief description of the soils on the site giving such information as soil name, mapping unit, erodibility, permeability, depth, texture and soil structure.
• Critical areas: A description of areas on the site which have potentially serious erosion problems (steep slopes, channels, underground springs, etc.)
• Erosion and sediment control measures: A description of the methods to be used to control erosion and sedimentation on the site. (Controls should satisfy minimum standards in Chapter 3, VESCH.)
• Permanent stabilization: A brief description, including specifications, of how the site will be stabilized after construction is completed.
• Stormwater runoff considerations: Will the development site cause an increase in peak runoff rates? Will the increase in runoff cause flooding or channel degradation downstream? Describe the strategy to control stormwater runoff.
• Calculations: Detailed calculations for the design of temporary sediment basins, permanent stormwater detention basins, diversions, channels, etc. Include calculations for pre- and post-development runoff.