Land Disturbance Permit Information
BEFORE you clear, grade, excavate or fill:
Any land disturbing activity (clearing, grading, excavating, filling, etc.) greater than 2,500 square feet in area requires a land disturbing permit from the King and Queen County Zoning and Building office.
To obtain a permit:
1) Fill out a land disturbing permit application.
2) Be sure to provide clear, specific directions to your site. Inadequate directions may delay the processing of your permit.
3) If building a residence, submit a copy of your Virginia Department of Health Permit or Certification Letter providing evidence of an approved septic system. Contact the King and Queen Health Department for an application and more information at 785-6154.
4) Submit approval from VDOT for your proposed driveway if your drive will enter from a state road.
5) For residential projects: On a copy of a survey or plat of your property, draw the limits of your proposed clearing, grading, or other land disturbance and provide dimensions of the area to be disturbed. Also known as the "in lieu of" land disturbance application/permit.
For all other projects: Submit an erosion and sediment control plan meeting the requirements of the Virginia Erosion and Sediment Control Regulations. Click here for a copy of the Virginia E&S Regulations.
6) If your property has any wetlands, streams or other water bodies you may be required to be setback a minimum of 100 feet from these features due to the Chesapeake Bay Preservation Act. This 100' buffer is called the Resource Protection Area (RPA). No construction, land disturbance, storage of equipment or materials is allowed in the 100' RPA.
7)Post a sign at the proposed driveway location with the last name of the property owner.
8) Mark/flag the limits of your proposed land disturbance on site. These limits should match the limits shown on your drawing.
9) Complete a Construction
General Permit Application and submit to DEQ.
$100 for residential & commercial construction per acre or portion thereof. Non-profit is exempt from this fee.
Violations are not eligible for the in-lieu fee and may be subject to civil charges and/or penalties.
Responsible Land Disturber (RLD):
A DCR certified RLD is required for all non-residential projects, residential projects disturbing over an acre and violations. A copy of a RLD's certification must be submitted with application for these projects. For more information on the RLD requirements click here.
After your permit has been issued:
1) Post your land disturbing permit on your site.
2) Install any required erosion and sediment control meaures that are required (i.e. construction entrance, silt fence, etc.)
3) Keep land disturbing activity within the approved limits.
4) Periodically inspect your property for erosion problems.
5) County staff will conduct periodic inspections of your project and inform you of any erosion and sediment control issues on your site.
Before you are ready for a certificate of occupancy:
1) All denuded, disturbed area must be appropriately graded, seeded and mulched.
2) A Permanent Certificate of Occupany will NOT be issued until your site is adequately stabilized. If stabilizing with grass, the grass must be mowable, which will indicate that the grass is adequately established and your site is stabilized.
3) If you must have a permanent certificate of occupancy for your bank or other reason and the only outstanding item is your grass, you may enter into a Residential Performance Agreement with the county. The agreement requires a $1000 surety be submitted to the County. Please keep in mind that the check will be cashed. The Agreement is valid in 30 day increments. The $1000 is returned when the site is adequately stabilized. Click here for the Residential Performance Agreement.