Last Updated 07/24/2026
Fairfax Stormwater Laws and Regulations
Excerpt- Stormwater Management Ordinance
Fairfax County has adopted a Stormwater Management Ordinance in response to state regulations requiring localities to adopt ordinances and take over reviews and inspections for Virginia Stormwater Management Program (VSMP) general permits relating to stormwater runoff from construction sites effective July 1, 2014. The ordinance and related code amendments implement the Virginia Stormwater Management Act (Va. Code Ann. § 62.1-44.15:24, et seq.) and Virginia Stormwater Management Program (VSMP) Permit Regulations (9 VAC 25-870 et seq.).
Section 124.1-2-6. - Long-term maintenance of stormwater management facilities.
(A) The operator of any permanent stormwater management facility in the County must submit a construction record drawing in accordance with the Public Facilities Manual including a statement signed by a professional registered in the Commonwealth of Virginia pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, stating that to the best of the professional’s knowledge, the construction record drawing shows all adjustments and revisions to the stormwater management plan made during construction and serves as a permanent record of the actual location of all constructed elements. The property owner is required to provide for long-term responsibility and maintenance of stormwater management facilities and other techniques specified to manage the quality or quantity of runoff. Such requirements must be delineated in an instrument recorded in the Fairfax County land records prior to approval to begin land-disturbing activities and must at a minimum:
(1) Be submitted to the County 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 County; and
(5) Be enforceable by all appropriate governmental parties.
(6) Ensure that measures could be taken by the County to maintain the stormwater management facilities or perform inspections at the owner’s expense should the owner fail to maintain the stormwater management facilities in good working order in accordance with the maintenance specifications in the agreement or perform the periodic inspections required by the agreement;
(7) Provide that in the event the County, pursuant to the agreement, performs work of any nature or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the owner will reimburse the County for all costs incurred by the County; and
(8) Provide for liens to be placed on the property should the owner fail to reimburse the County for costs incurred by the County.
(B) Failure by a property owner to provide for the long-term responsibility and maintenance of a stormwater management facility and other techniques specified to manage the quality or quantity of runoff in accordance with the terms of the recorded instrument described in subsection (A) above is a violation of this Chapter, enforceable under Article 8.
Excerpt from Fairfax Public Facilities Manual
6-1303.3 Infiltration Facilities Maintenance.
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Frequently Asked Questions
What is stormwater compliance in Fairfax County?
Stormwater compliance in Fairfax County means following Chapter 124 of the County Code, which implements the Virginia Stormwater Management Act and VSMP permit regulations. Fairfax operates as both a VSMP authority and an MS4 permittee, meaning the County administers construction stormwater permits locally and is also responsible for preventing pollutants from entering the storm sewer system and local waterways from all land uses.
No land-disturbing activity may begin until a VSMP permit has been issued. Property owners with private stormwater management facilities are required to maintain them under a recorded Private Maintenance Agreement and submit annual inspection reports. The County runs an active inspection program for private facilities and a separate inspection program targeting commercial and industrial properties at high risk of stormwater pollution.
Who is responsible for long-term stormwater maintenance in Fairfax County?
All privately maintained stormwater management facilities require a Private Maintenance Agreement (PMA) recorded in Fairfax County land records before land-disturbing activity may begin. This agreement must run with the land, provide County access for inspections and maintenance, and require annual inspection reports to be submitted to the County. It is also enforceable by all appropriate governmental parties.
If the owner fails to maintain facilities in good working order or perform required inspections, the County can perform the work itself and bill the owner for all costs, including a lien on the property if the owner does not reimburse.
Owner-submitted inspection reports may be accepted by the County if the inspection is conducted by a licensed professional engineer, architect, landscape architect, land surveyor, or a person working under their direction, or a person holding an appropriate SWCB certificate of competence. AQUALIS can conduct your annual inspections, prepare compliant reports, and submit them on your behalf.
Does Fairfax County inspect commercial and industrial properties for stormwater compliance?
Yes. In addition to the private facility inspection program, Fairfax County runs a separate routine inspection program for commercial and industrial properties that, because of the nature of their operations, present a high risk of discharging non-stormwater substances to the County’s MS4. The County makes its methodology and criteria for including properties in this program publicly available.
The MS4 permit prohibits non-stormwater discharges to the storm drainage system, including from sanitary sewer connections, illegal dumping, and similar sources. The permit also requires the County to prevent pollutants such as engine oil, fertilizers, pet waste, and trash from entering waterways to the maximum extent practicable.
If your commercial or industrial property has outdoor activities that generate potential pollutants, including vehicle maintenance, outdoor storage, chemical handling, or food operations, you may be on the County’s inspection list regardless of whether you have received notice.
How do I know if my Fairfax County stormwater system is at risk of failure or safety violation?
Watch for these warning signs.
No Private Maintenance Agreement on file or annual reports not submitted. Fairfax requires both a recorded PMA and annual inspection reports. If either is missing, that is an active compliance gap the County can act on.
You received a Notice of Inspection and have not responded. The 45 day initial response window and 135 day total voluntary compliance period are firm. If you have an open NOI, time is running.
Your facility no longer matches its approved plan condition. Fairfax requires maintenance items to restore facilities to original design specifications. Sediment accumulation, structural deterioration, and vegetation changes that deviate from approved plans are all maintenance findings.
Your commercial or industrial property has outdoor pollution-generating activities. The County’s commercial and industrial inspection program targets properties with operations that could discharge pollutants. If your property involves vehicle maintenance, outdoor storage, chemicals, or similar activities, you may be on the inspection schedule.
Recent property purchase. The Private Maintenance Agreement runs with the land and transfers with ownership. If you recently acquired a property with stormwater facilities and did not receive the PMA or maintenance history, AQUALIS can locate the recorded agreement, assess the condition of your facilities, and get your annual reporting current before the County’s next inspection.
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.
