Last Updated 07/23/2026
Albemarle Stormwater Laws & Regulations
Albemarle County regulation is compliant with the Virginia Stormwater Management Program (VSMP/NPDES) through municipal regulation Albemarle County Code Chapter 17. The county’s Municipal Separate Storm Sewer System (MS4) requires Albemarle to administer and enforce compliance with stormwater discharge permits in an effort to decrease stormwater pollutants and increase overall water quality.
Excerpt- Albemarle County Code Chapter 17 Water Protection
ARTICLE III. APPLICABILITY OF THE VESCP AND THE VSMP TO A LAND DISTURBING ACTIVITY OR A SITE CONDITION
Sec. 17-302
Land disturbing activities subject to the VSMP. The following land disturbing activities are subject to the VSMP, and the owner shall comply with all applicable requirements of the VSMP in this chapter and under State law:
A. Land disturbance of 10,000 square feet or more. Any land disturbing activities that disturb ten thousand (10,000) square feet or more, including the harvesting of forest crops, unless the activity is exempt under section 17-303.
B. Land disturbance of less than 10,000 square feet; common plan of development or sale. Any land disturbing activities that disturb less than ten thousand (10,000) square feet if the disturbance is part of a common plan of development or sale whose total land disturbance will exceed ten thousand (10,000) square feet, unless the activity is exempt under section 17-303.
Sec. 17-303
Land disturbing activities exempt from the VSMP. The following land disturbing activities are exempt from the VSMP requirements of this chapter, unless otherwise required by federal law:
A. Mining, oil and gas operations and projects. Permitted surface or deep mining operations and projects, and oil and gas operations and projects conducted pursuant to Title 45.1 of the Virginia Code.
B. Agricultural, horticultural, and forestal activities. Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the State Water Control Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, 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 Chapter 11 (Virginia Code 10.1-1100etseq.) of Title 10.1 of the Virginia Code or is converted to bona fide agricultural or improved pasture use as described in Virginia Code § 10.1-1163(B).
C. Single-family residences. Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures.
D. Land disturbance of less than 10,000 square feet. Land disturbing activities that disturb less than ten thousand (10,000) square feet of land are a except for land disturbing activities that are part of a larger common plan of development or sale that is ten thousand (10,000) square feet or greater of disturbance
E. Discharges. Discharges to a sanitary sewer or a combined sewer system.
F. Reclamation of abandoned property. Activities under a State or Federal reclamation program to return an abandoned property to an agricultural or open land use.
G. Project maintenance. Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection.
H. Emergencies. Conducting land disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In a public emergency, the owner shall advise the administrator of the disturbance within seven (7) days after commencing the land disturbing activity, and compliance with the administrative requirements of this chapter to obtain approval of a VSMP permit is required within thirty (30) days after commencing the land disturbing activity.
ARTICLE VII. Illicit Discharges, Illicit Connections, and Prohibited Dumping
Sec. 17-703 Dumping Prohibited
No person, whether the owner, occupant, lessee, principal, agent, employee or otherwise, may dump or discharge, or allow any other person to dump or discharge, refuse, as that term is defined in Albemarle County Code § 13-100, or any other material or pollutant, natural or synthetic, into the County’s MS4, State waters, or a natural stream, unless the dumping or discharge is expressly authorized by the Albemarle County Code.
ARTICLE IX. Enforcement
If, after an inspection, the administrator determines that the owner has failed to comply with any requirement of this chapter:
A. Notice to owner or other person responsible. The administrator shall provide written notice to the owner and any other person responsible for carrying out the terms of the permit, plan or any other applicable requirement of this chapter.
B. Contents of notice. The notice shall specify the measures needed to comply with the permit, plan or other applicable requirement of this chapter, and shall specify the time within which such measures shall be completed.
C. How notice delivered. The notice shall be mailed by certified mail, with confirmation of delivery, to the address specified in the permit application, the plan certification, or, if the owner and the County have entered into an agreement as provided in section 17-415, to the address specified therein, or to another address provided by the owner to administrator in writing, or by personal delivery at the site of the land disturbing or development activities to the agent or employee.
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Frequently Asked Questions
What is stormwater compliance in Albemarle County?
Stormwater compliance in Albemarle County means following Chapter 17 of the Albemarle County Code, which establishes the County’s Virginia Stormwater Management Program (VSMP). Albemarle operates as an MS4 permittee, meaning the County administers and enforces stormwater discharge permits locally to reduce pollutants and protect water quality across the region.
No land-disturbing activity subject to the VSMP may begin until the owner has complied with all applicable requirements of the program. The County can inspect properties, issue written notices to comply specifying required corrective measures and timelines, and take further enforcement action for failure to comply.
Does my Albemarle County project need a VSMP permit?
Most land-disturbing activities in Albemarle County that disturb 10,000 square feet or more require VSMP compliance. Projects disturbing less than 10,000 square feet are also subject to the program if they are part of a common plan of development or sale whose total land disturbance will exceed 10,000 square feet.
Several categories of activity are exempt, including permitted mining and oil and gas operations, clearing specifically for agricultural or horticultural purposes, single-family residences separately built that disturb less than one acre and are not part of a larger common plan, routine maintenance that preserves the original line, grade, and hydraulic capacity of an existing structure, and emergency land-disturbing activities required to prevent imminent danger to human health or the environment. Emergency activities must be reported to the administrator within seven days and must achieve full compliance within 30 days.
If you are unsure whether your project triggers the VSMP requirement, AQUALIS can review your plans and help you navigate the permitting process before work begins.
What discharges are prohibited in Albemarle County?
Albemarle County Code Chapter 17 prohibits any person from dumping or discharging, or allowing any other person to dump or discharge, refuse or any other material or pollutant, natural or synthetic, into the County’s MS4 system, any state waters, or any natural stream. This prohibition applies to owners, occupants, lessees, principals, agents, employees, and any other person with control over the property.
The only exception is if the dumping or discharge is expressly authorized by the Albemarle County Code. Any discharge that is not explicitly authorized is prohibited, regardless of the nature of the material or whether it occurred intentionally. If you suspect a prohibited discharge has occurred on your property or from your operations, contact AQUALIS to assess the situation before it reaches the County’s attention.
How do I know if my Albemarle County stormwater system is at risk of failure or safety violation?
Watch for these warning signs.
Land-disturbing work performed without a VSMP permit. Any disturbance of 10,000 square feet or more, or any disturbance that is part of a larger common plan exceeding that threshold, requires VSMP compliance before work begins. Unpermitted activity is an automatic violation the County can act on at any time.
Any discharge to the MS4, state waters, or a natural stream. The dumping prohibition is broad and applies to any material or pollutant not expressly authorized by county code. Activities such as pressure washing, equipment cleaning, chemical storage, or outdoor materials handling near drainage features can create prohibited discharge conditions.
Water is not draining after rain. Standing water more than 72 hours after a storm suggests your on-site stormwater facilities are not functioning as required and may not be meeting the performance standards in your approved plan.
Visible deterioration of stormwater facilities. Sediment buildup, overgrown vegetation, clogged inlets or outlets, and structural damage are all signs maintenance is overdue and put you at risk during a County inspection.
Recent property purchase. VSMP requirements and any associated maintenance obligations travel with the property. If you recently acquired a commercial property and are unsure what stormwater facilities exist or what compliance obligations came with it, an AQUALIS assessment can give you a clear picture before any issues surface.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
