§ 104-1-2. Applicability; regulated land-disturbing activities; submission and approval of a conservation plan.  


Latest version.
  • Except as noted herein, no person may engage in any land-disturbing activity in Fairfax County until he has submitted to the County a conservation plan for the land-disturbing activity and the plan has been reviewed and approved by the Director. The conservation plan shall be included in the grading plan required under Paragraph 3 of Part 6 of Article 2 of the Zoning Ordinance unless the following applies. Where the land-disturbing activity results from the demolition of a single family dwelling, demolition of an accessory structure to a single family dwelling, construction of an addition to a single family dwelling as defined in Chapter 61 of the Code, or construction of an accessory structure to a single family dwelling, that results in a disturbed area of 5,000 square feet or less and does not require the installation of water quality controls or other drainage improvements, the conservation plan may be included in a plat certified by a land surveyor, engineer, landscape architect or architect authorized by the State to practice as such meeting the requirements of Part 6 of Article 18 of the Zoning Ordinance in lieu of a grading plan. The standards in Section 104-1-8 are to be used by the applicant when making a submittal under the provisions of this Chapter and in the preparation of a conservation plan. The Director, in considering the adequacy of a submitted plan, shall be guided by these standards. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence to the Director, as provided in § 62.1-44.15:52 of the Code of Virginia, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this Chapter. In order to prevent further erosion, the County may require approval of a conservation plan for any land identified as an erosion impact area. The provisions of this Article shall not limit the powers or duties presently exercised by the State Water Control Board or the Department of Mines, Minerals and Energy.

    (a)

    Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall file general erosion and sediment control specifications annually with the State Water Control Board for review and approval in accordance with § 62.1-44.15:55.D of the Virginia Code.

    (b)

    Any person engaging, in more than one jurisdiction, in the creation and operation of wetland mitigation or stream restoration banks, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of wetland mitigation or stream restoration banks, pursuant to a mitigation banking instrument signed by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation or stream restoration banks annually with the State Water Control Board for review and approval in accordance with § 62.1-44.15:55.E of the Virginia Code. Approval of general erosion and sediment control specifications by the State Water Control Board does not relieve the owner or operator from compliance with any other Fairfax County ordinances and regulations including requirements to submit plans and obtain permits as may be required by such ordinances and regulations.

    (c)

    Except as provided for in § 62.1-44.15:56 of the Virginia Code, land-disturbing activities undertaken by an agency of the Commonwealth of Virginia shall be exempt from the requirements of this Chapter. Notwithstanding § 62.1-44.15:56 of Virginia Code, public institutions of higher education, including community colleges, colleges, and universities, shall be subject to project review and compliance for state erosion and sediment control requirements by the Director, unless such institution submits annual specifications to the Department of Conservation and Recreation, in accordance with § 62.1-44.15:56 A (i) of the Virginia Code.

    (5-82-104; 15-89-104; 37-03-104; 07-07-104; 73-08-104; 24-11-104; 04-14-104.)

(5-82-104; 15-89-104; 37-03-104; 07-07-104; 73-08-104; 24-11-104; 04-14-104.)