Erosion & Sediment Control

Pursuant to VA Erosion and Sediment Control Law §62.1-44.15:55 and the Madison County Erosion and Sediment Control Ordinance, land disturbance ≥ 10,000 square feet of disturbance must first obtain a Land Disturbance permit prior to any land disturbing activities.  No person shall engage in any land-disturbing activity until the property owner has submitted to the County an erosion and sediment control plan for the land-disturbing activity and the plan has been reviewed and approved.  Where the land-disturbing activity results from the construction of a single-family residence that does not involve any major grading, filling, or severe slopes, an Agreement in Lieu for a SFD may be substituted for an erosion and sediment control plan.

Performance guarantees shall be required for land disturbance permits.  As a condition of approval of an erosion and sediment control plan, the applicant will be required to post a performance bond with surety, cash escrow, letter of credit, or combination thereof, or such other legal arrangement as is acceptable to the County to insure that measures could be taken by Madison County at the expense of the person conducting the land-disturbing activity should he fail, after proper notice, within the time specified to initiate or maintain appropriate conservation action which may be required of him in order to be in compliance with VA Erosion and Sediment Control Laws and the Madison County Erosion and Sediment Control Ordinance.

Certain agricultural activities are exempt from land-disturbing activities as specified in VA Erosion and Sediment Control Law §62.1-44.15:55.F.7.  The construction of agricultural buildings is not included.  Therefore, the agricultural exemption does not apply to the construction of farm buildings, such as barns, livestock houses, etc.  The reference to ponds applies to ponds that are used primarily for agricultural purposes such as irrigating crops, watering livestock, etc.