Disturbing the land requires certification

by Paul Komar, Summer 2002

Before you start excavating land in Virginia, you must, by law, be a Certified Responsible Land Disturber.

Ground disturbance off Rt. 622 in Rappahannock County as seen from space. The light-color areas on this satellite image show ground clearing for driveways and home sites. Tree cover is apparent, as are fields. The small, black, rectangular shapes are the roofs of structures. Additional satellite imagery is available from TerraServer at http://terraserver.microsoft.com/

This certification program provides training and certification to all professional excavators and developers, as well as to the person down the road who has a front-end loader or a bulldozer and does some excavation work to earn extra income. It is also for homeowners who are acting as a general contractor to build their own homes.

The purpose of the certification is to certify that the person disturbing the land understands the Erosion and Sediment Control Law and how to apply it when excavating or otherwise disturbing dirt. The law is simple, and examples of applied erosion and control techniques are everywhere: the silt fence around a construction site, the hydra-seeding of hills on highway projects, the sediment control ponds next to large-scale commercial developments, for example.

Large construction companies have been using these techniques for many years. Since January 1999, the same erosion and sediment control regulations have been applied to single-family home construction as to the large-scale construction projects, even if the area being disturbed is less than 10,000 square feet.

The Commonwealth of Virginia—under the Erosion and Sediment Control Law, Title 10.1, Chapter 5, Article 4, subsections 10.1-560 through 10.1-571—defines erosion and sediment control criteria. During its 2001 session, the General Assembly amended and reenacted laws (10.1-563, Regulated Land-Disturbing Activities; and 10.1-566, Monitoring Reports and Inspections) that define regulation of land-disturbing activities. Land-disturbing activities are defined in detail in section 10.1-560.

At the end of this page are some abbreviated descriptions and definitions of the erosion and sediment control regulations. There are five definitions excluded that cover large-scale operations, which Rappahannock County does not have at this time [2002].

Under 10.1-563, no person may engage in land-disturbing activity until he or she has submitted an erosion and sediment control plan to the district or locality. Where the land-disturbing activity results from the construction of a single-family residence, what is called an "Agreement in Lieu of a Plan"; may be substituted for an erosion and sediment control plan. The plan-approving authority reviews conservation plans submitted and grants written approval within 45 days if the plan meets the requirements of the board’s regulations, and if the person responsible for carrying out the plan certifies that he or she will perform properly the conservation measures included in the plan.

Under 10.1-566, the plan-approving authority provides for periodic inspections of land-disturbing activity and requires that an individual hold a certificate of competence. If a permit is issued in connection with land-disturbing activities that involve the issuance of a grading, building, or other permit, the permit-issuing authority provides these inspections. Simply put, if land is to be disturbed, a control plan must be prepared, submitted, and approved before the disturbance commences.

Nineteen minimum standards govern what must be done to keep dirt from transferring from one property to the next. The key word in most of the minimum standards is "stabilize," meaning to plant vegetation as soon as possible. The amount of time required by law to stabilize most land-disturbing activities is immediately to seven days. A good rule of thumb is, if the land to be disturbed is steep, get grass growing immediately; if the land has a slight grade or is flat, stabilize the area within seven days.

Homeowners are responsible for any activity taking place on their land. If you’re contemplating disturbing your land, the best thing to do is hire the right people, with the right qualifications. Ask the person you hire if they are certified as Responsible Land Disturbers—or better yet, check for yourself at www.dcr.state.va.us/sw/es_rld.htm or call 804-786-1712.

Activities NOT Covered Under Erosion and Sediment Control Regulations Minor activities, such as home gardens; and home landscaping, repairs, and maintenance. Individual service connections to utilities. Installation, maintenance, or repair of any underground public utilities, provided they are on hard-surfaced roads. Septic-tank lines or drainage fields, unless included in an overall plan for land-disturbing activity relating to construction of a building to be served by the septic tank system. Tilling, planting, or harvesting of agricultural, horticultural, or forest crops (a typical farming operation); and livestock feedlot operations. Agricultural engineering operations (for example, terraces and terrace outlets). Land disturbance in areas of less than 10,000 square feet; however, the governing body or program authority may reduce the area of disturbed land. Installation of fence and sign posts or telephone and electric poles.

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