Last Updated 07/24/2026
Botetourt County Municipal Code
Chapter 10 - EROSION AND SEDIMENT CONTROL; STORMWATER MANAGEMENT
Sec. 10-54. - Stormwater management program established; submission and approval of plans; prohibitions.
(a) Pursuant to § 62.1-44.15:27 of the Code of Virginia, Botetourt County hereby establishes a Virginia Stormwater Management Program for land-disturbing activities and adopts the applicable regulations that specify standards and specifications for VSMPs promulgated by the state board for the purposes set out in section 10-51 of this article. No person shall conduct any land-disturbing activity until he has submitted a permit application to the VSMP authority that includes a state VSMP permit registration statement, if such statement is required, and, after July 1, 2014, a stormwater management plan or an executed agreement in lieu of a stormwater management plan, and has obtained VSMP authority approval to begin land disturbance.
(b) No VSMP authority permit shall be issued by the administrator, until the following items have been submitted to and approved by the administrator as prescribed herein:
(1) A permit application that includes a general permit registration statement; however, a registration statement is not required for detached single-family home construction within or outside of a common plan of development or sale, but such single-family home construction must adhere to the requirements of the general permit.
(2) An erosion and sediment control plan approved in accordance with the Botetourt County Erosion and Sediment Control Ordinance, articles I and II of this chapter.
(3) A stormwater management plan that meets the requirements of section 10-56 of this article.
(c) No VSMP authority permit shall be issued until evidence of general permit coverage is obtained.
(d) No VSMP authority permit shall be issued until the fees required to be paid pursuant to section 10-65, are received, and a reasonable performance bond required pursuant to section 10-66 of this article has been submitted.
(e) No VSMP authority permit shall be issued unless and until the permit application and attendant materials and supporting documentation demonstrate that all land clearing, construction, disturbance, land development and drainage will be done according to the approved permit.
(f) No grading, building or other local permit shall be issued for a property unless a VSMP authority permit has been issued by the administrator.
Sec. 10-60. - Long-term maintenance of permanent stormwater facilities.
(a) The administrator shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to general permit termination or earlier as required by the administrator and shall at a minimum:
(1) Be submitted to the administrator for review and approval prior to the approval of the stormwater management plan;
(2) Be stated to run with the land;
(3) Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;
(4) Provide for inspections and maintenance and the submission of inspection and maintenance reports to the administrator; and
(5) Be enforceable by all appropriate governmental parties.
(b) At the discretion of the administrator, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the administrator that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the administrator.
(c) If a recorded instrument is not required pursuant to subsection 10-60(b), the administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the administrator or any duly authorized agent of the administrator.
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Frequently Asked Questions
What is stormwater compliance in Botetourt County?
Stormwater compliance in Botetourt County means following Article III of Chapter 10 of the County Code, which establishes the County’s Virginia Stormwater Management Program. Botetourt operates as an MS4 permittee and administers VSMP permits locally to reduce stormwater pollutants and protect water quality.
No land-disturbing activity may begin in Botetourt until a VSMP authority permit has been issued. No grading, building, or other local permit can be issued for a property unless a VSMP authority permit is already in place. The Administrator is authorized to inspect land-disturbing activities during construction and to conduct post-construction inspections of stormwater facilities. The County can issue stop work orders and take enforcement action for any deficiency or violation found on site.
What are the penalties for stormwater violations in Botetourt County?
Botetourt enforces its stormwater program through a range of remedies that escalate based on the nature and persistence of the violation.
Civil penalties under Virginia state law can reach up to $32,500 per violation, with each day of continued violation constituting a separate offense. The court considers the degree of harm caused and the economic benefit gained from noncompliance when setting the penalty amount. Civil penalties paid to the County go into a dedicated account used for local pollution prevention and water quality improvement.
Misdemeanor charges apply for willful or negligent violations, with up to 12 months in jail and fines between $2,500 and $32,500.
Emergency orders can be issued without advance notice or hearing when a violation presents an imminent and substantial danger of causing harmful erosion or sediment deposition in state waters. If a person does not comply with an emergency order, the County can pursue injunctive relief in Circuit Court.
Stop work orders halt all land-disturbing activities until the violation is resolved, an approved plan and permits are obtained, and all specified corrective measures are complete.
How do I know if my Botetourt County stormwater system is at risk of failure or safety violation?
Watch for these warning signs.
Land-disturbing work started without a VSMP permit. No grading, building, or other local permit can be issued without a VSMP permit already in place. Work that began before permit approval is an active violation the County can act on at any time.
No performance bond on file. Botetourt requires a performance bond as a condition of permit issuance. If your project permit was issued without one, or if the bond has lapsed, that gap needs to be resolved.
Post-construction stormwater facilities not maintained. The County conducts post-construction inspections at minimum once every five years. Sediment buildup, overgrown vegetation, clogged inlets or outlets, and structural deterioration are the most common findings. Addressing these before the County’s scheduled inspection is far preferable to receiving a violation notice.
Visible erosion or unauthorized discharge. The ordinance authorizes emergency orders without advance notice when violations present an imminent danger to water quality. If you see active erosion, sediment entering a waterway, or an unauthorized discharge from your property, acting immediately is critical.
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.
