Louisa County Community Development
Land Disturber Article

There are several types of land disturbing activities that are regulated by state and local county laws and ordinances which require a permit from the County. Land disturbing activity is defined as any land change, which may result in soil erosion from water or wind by clearing, grading, excavating, transporting, and filling operations. In order to describe the land disturbing permit process, the Community Development Department has put together some Frequently Asked Questions (FAQs).

What is a land disturbing permit? A land disturbing permit allows landowners to clear, contour, or stockpile areas of dirt, construction or roadway over 10,000 square feet in size. Both the Virginia Department of Conservation and Recreation (DCR) and Louisa County require this permit. The landowner is required by law to submit a set of erosion and sediment control plans to the county, ensuring that while clearing, the land will be protected from erosion onto other property, state roads, and nearby waterways and wetlands.

These plans are very detailed and must be reviewed by local or regional program administrators and sometimes, state officials. There are strict guidelines on how the plans are drawn and submitted. Detailed calculations must be made of all the changes to the contours of the land, underground pipes (culverts and storm sewers), well and roadside ditches and overall water runoff from adding impervious surfaces to the natural landscape. Because of this, review of the plans and their ultimate approval takes about four to six weeks. Do I need a permit if I am building a house? Not typically, Louisa County waives the need for erosion plans with a form called an Agreement in Lieu of Plan, which allows builders and homeowners to clear land for their home site. When you apply for your building permit, you will sign an Agreement before your permit is issued. If by chance, you are building a home on a site that has extreme site contours, slopes or fill that requires engineered plans for grading the earth, then a permit may be required.

What are the exceptions? The state provides exceptions for land disturbing activities. The county's adopted exceptions are:

  1. Tilling, planting, or harvesting of agricultural, horticultural, or agriculture;
  2. Land clearing, BMP, and conservation practices related to argriculture;
  3. Single-family residences separately built and not part of a subdivision, including additions or modifications to existing single-family detached residences;
  4. Structures considered accessories or ancillary to single family detached residences, duplexes, and townhouses, including garages, decks, patios, and barns;
  5. Development projects that disturb less than 10,000 square feet of land;
  6. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of title 45.1 of the Code of Virginia;
  7. Linear development projects.
*Please note that a development permit is required through the County for land clearing over 10,000 square feet with the intended use of an agricultural activity.

Where do I start? Contact in person, the Department of Community Development located at 1 Woolfolk Avenue in the Louisa County Office Building, or by phone at (540) 967-3430, about getting a land disturbing permit. There are applications here or feel free to download one from the County website (www.louisacounty.com). When you are ready, submit a set of erosion control plans (five sets) and a check for the fees to this same office (see fee schedule for amounts).

How do I get a set of erosion control/road plans? A certified land surveyor, architect or civil engineer must prepare the erosion control plans. A minimum of five sets of plans, (ten sets if there is work performed in the VDOT right-of-way) must be submitted along with a fee and land disturbing application. Once the County has reviewed the plans and all other agencies involved, and your bond has been posted, you can begin work.

How long does the review take? Provided there are no delays or complicated issues, the review usually takes about four to six weeks if the plan is required to go to the Virginia Department of Transportation. The plans are very detailed and require a set of detailed calculations that must also be reviewed. However, many times the plans are not accurate and require revisions. Many permits are simple and don't require a great deal of revisions so they get processed quicker than others. This process may be time consuming but it is necessary to ensure that the site is protected from erosion, slope failure or damage to the environment. The key to getting your permit reviewed faster is to make sure your engineer or surveyor has all the required information for the plans on the first submittal, thereby creating the need for fewer revisions which cause many of the delays.

How much will the permit cost? At the time of this publication, the fees for permits are: over 10,000 sq. ft., $1000 + $ 50 per disturbed acre; or, if associated with Single Family Dwelling, $50 with an Agreement in Lieu. An erosion control bond is also required. The bond amounts are based on the number of erosion control methods used to protect the site. The amount of the bond can range in price as well. Sometimes the bond may only be $2,000. On larger, more complicated sites, the bond may be $50,000 or higher. Many people must make arrangements to acquire the money for the bonds, process bank letters of credit or contact a surety company. This also will add to the time it takes to get your approved plans, so be prepared in advance to avoid delay.

What is a bond? A bond is a sum of money placed in escrow to ensure that an agreement between two parties will be carried to completion. Should the work not be completed, the bond holder [the County in this case] has the right to cash the bond and contract to have the work finished as required. A bond can be in three forms: cash, letter of credit, or performance bond. Once the bond is submitted, the landowner must sign an agreement stating they will complete the project according to the plans.

When do I get the bond back? For an erosion bond, the County will release a bond periodically as measures are no longer required. Once the site is at final stabilization the County generally holds 10% of the bond for seeding and mulching through one growing season or until vegetation is firmly established.

Are there special meetings or inspections required? Yes. There is a preconstruction meeting required with the contractor, landowner and the County's Erosion & Sediment Control inspector prior to beginning any grading, grubbing, or clearing. The inspector will go over the approved plans with the designated Responsible Land Disturber (usually the contractor), explain what is expected during construction, as well as how to maintain the site and keep any violations from occurring. Once this meeting has taken place, clearing can begin. Keep in mind that although clearing is allowed, building of any structures requires a building permit from the Community Development Department.

What is a Responsible Land Disturber? A Responsible Land Disturber (RLD) is someone who is certified by DCR in basic erosion and sediment control laws, principles, practices and minimum standards. This is an effort by DCR to promote compliance throughout the Commonwealth. Your engineer, land surveyor or architect is automatically qualified, however, your RLD should be the person who will actually be moving the dirt. An RLD certification can be obtained by contacting the Department of Conservation and Recreation online at www.dcr.virginia.gov or by calling (804) 786-1712.

Stormwater Management Permit. Effective October 1, 2006 the Department of Conservation and Recreation requires a Stormwater Management Permit. Information is available in the Community Development Department and also on Louisa County's Website at www.louisacounty.com. The Stormwater Management Permit provided by DCR must be submitted to the County before a land disturbing permit will be issued. Additional information is also available through DCR at their website which is www.dcr.virginia.gov/soil_&_water/vsmp.shtml.

Hopefully, these questions and answers have provided some clarity as to what is involved in the land disturbing permit process. Please feel free to visit the Community Development Department located in the Louisa County Office Building (1 Woolfolk Avenue), Louisa Virginia, 23093 or call us at (540) 967-3430 between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday.