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Agreement-in-lieu of Plan

Construction of a single family dwelling unit requires approval of a land disturbing permit prior to issuance of a zoning/building permit for the home if more than 10,000 square feet is being disturbed. When applying for a building permit, an Agreement in lieu of Plan will also be submitted. An Agreement-in-lieu of plan is a contract between the VSMP and the owner that specifies erosion and sediment control measures that must be implemented and maintained during the construction of a single-family residence. All disturbances planned for the project should be included within the total disturbance. The following should be accounted for: area utilized for a drainfield, utility installation, house location, yard grading, and driveway extents. If the construction for the single family dwelling is to exceed 1 acre, a Single Family Home Stormwater Pollution Prevention Plan (SFH SWPPP) is also required to be submitted with the application for the Agreement-in-lieu of Plan. In certain cases, if the construction of the single-family home is on steep slopes or near a live watercourse, additional requirements may apply to the Agreement-in-lieu of a Plan process.  Application for Agreement-in-lieu of Plan

LDP for Less than 1 acre

Activity that disturbs more than 10,000 sf but less than one acre, or that creates more than 10,000 sf of impervious surface on the property requires a Land Disturbing Permit. This includes agricultural activity not meeting the exemptions set forth in section 11-5 of the Fauquier County Code. An Erosion and Sediment Control plan is required to be submitted with the Land Disturbance Permit Application; however, the plan does not need to be engineered.  The plan is typically a plat showing the limits of disturbance, limits of proposed impervious, and erosion and sediment control measures that will be implemented with the project.  Application for LDP for work greater than 10,000 sf but less than 1 acre

LDP for more than 1 acre

Land disturbing activities that include 1 acre or more of disturbance or  more than 10,000 sf of impervious area, require a Virginia Stormwater Management Program (VSMP) Authority Permit and a Land Disturbance Permit. A Stormwater Management Plan and an Erosion and Sediment Control Plan certified by a professional engineer or professional land surveyor are required, as well as a Stormwater Pollution Prevention Plan (SWPPP).  The plans associated with these permits are typically reviewed and approved in conjunction with site plans and construction plans. Application for Land Disturbance Permit.

For agricultural projects, site plans and construction plans are typically not required so the Stormwater & E&S plans must be submitted and reviewed with the LDP application. These permits are required to be registered with the Virginia Department of Environmental Quality (DEQ).  Application for VSMP & Land Disturbance Permit


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