Erosion and Sediment Control

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A Land Disturbing Permit is required for any land disturbance of: 
  • Any non-residential project within a subdivision
  • Any new home site in or near the Chesapeake/Atlantic Preservation Area Resource Protection Area (RPA). needs an E&S Agreement (home + driveway + septic + well)
  • Over 2,500 square feet for any parcel that drains to the Chesapeake Bay (bayside)
  • Over 10,000 square feet for any parcel that drains to the Atlantic Ocean (seaside)
  • Any project which encroaches into the Chesapeake Bay Resource Protection Area (RPA)100-foot waterfront buffer needs an Administrative Waiver and a Buffer Mitigation Plan.

Except for the following exemptions:

  • Minor land-disturbing activities such as individual home landscaping, repairs and maintenance work
  • Individual utility service connections
  • Installation, maintenance or repair of underground public utility lines when such activity is confined to an existing hard surfaced road, street or sidewalk
  • Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system 
  • Surface or deep mining 
  • Exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas 
  • Tilling, planting or harvesting of agricultural, horticultural or forest crops, or livestock feedlot operations; including a specific list of engineering operations 
  • Repair or rebuilding of the railroad tracks, right-of-way, bridges, communication facilities and other related structures, and facilities of a railroad company 
  • Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Virginia Dam Safety Act, ditches, strip-cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation. Farm buildings are not exempt.
  • Installation of fence, sign, telephone, electric, or other kinds of posts or poles 
  • Shore erosion control projects on tidal waters when the projects are approved by local wetlands boards, the Marine Resources Commission or the U. S. Army Corps of Engineers
  • Emergency work to protect life, limb or property, and emergency repairs
If you are not sure if a Land Disturbing Permit is required for your proposed project, please contact the Department of Environmental Programs. 

Small projects and single family residential home development may be permitted with an "Agreement in Lieu of a Plan" rather than requiring a full Erosion and Sediment Control Plan.

Please follow the guidelines below for submitting your plan:

Check with the local program administrator for permitting requirements:

Department of Environmental Programs
P.O. Box 686
Accomac, VA 23301 
(757) 787-5728


  1. You can apply for a permit on line through the Access Online Portal HERE.   Or download and submit an Erosion and Sediment Control Plan Review Application Form.
  2. Submit an erosion and sediment control plan, consisting of a narrative and site plan, prepared in accordance with The Virginia Erosion and Sediment Control Handbook
  3. Please call (757) 787-5728 for fee amount.
  4. Make checks payable to Treasurer of Accomack County.
Your plan will be reviewed and evaluated. If changes are required, you will be notified and advised of them.  A revised plan may be required.

Upon final approval of your plan, your land-disturbing permit will be issued.

If you have any questions that have not been answered with the information above please visit the links below:

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