Changes to Virginia Erosion and Sediment Control Law
General Information
Governor James S. Gilmore recently signed into law revisions to the Virginia Erosion and Sediment Control Law found in Chapter 490 of the 2001 Virginia Acts of the Assembly. These revisions will require all erosion and sediment control program plan approving authorities to ensure, as a prerequisite to approval of an erosion and sediment control plan, that the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence issued by the Department of Conservation and Recreation who will be in charge of and responsible for carrying out the land disturbing activity. Effective July 1, 2001 all Local, State, private, and public land disturbing projects that require an erosion and sediment control plan are subject to this new requirement.
To meet the requirement of this law the Department of Conservation and Recreation will begin issuance of a new certification called the "Responsible Land Disturber Certification". This new certification will become effective by July 1, 2001. At this time, we believe that all individuals currently certified by the Department of Conservation and Recreation as an "Inspector, Plan Reviewer, Program Administrator or Combined Administrator" or individuals that have successfully completed the Contractor Training Course should automatically be considered a "Certified Responsible Land Disturber" without further training, certification or fees until such time that their certification expires.
Questions and Answers Can I be considered a Responsible Land Disturber if I've already obtained a different certification from DCR?
Yes, over 7000 individuals hold Combined Administrator, Administrator, Plan Reviewer, Inspector, and Contractor certificates. These individuals will be considered Responsible Land Disturbers without further training, certification, or fees. Their names, certificate numbers and certificate expiration dates can be verified on the DCR website at www.state.va.us/dcr/sw/e&s.htm . "Please note that the Responsible Land Disturber shall be a member of the project team or development team, not an employee of the local Program Authority or the Plan Approving Authority.
Can I be considered a Responsible Land Disturber if I have a Virginia Professional Engineer, Land Surveyor, Landscape Architect, or Architect License?
Yes, an individual holding a valid Virginia Professional Engineer, Land Surveyor, Landscape Architect, or Architects License will be considered a Responsible Land Disturber without further training, certification or fees. Their names, license numbers, and license expiration dates can be varified by calling the Virginia Department of Professional and Occupational Regulation at (804)367-8500.
What happens to erosion and sidement control plans, grading permits, and clearing permits that don't provide the Responsible Land Disturber name?
They would be deemed incomplete and not approved until the proper information is provided.
Is this requirement in effect every place in Virginia even though local ordinances have not yet been updated to include this language?
Yes, this requirement is the law throughout Virginia effective July 1, 2001. Local governments may need to update their local ordinances to include the actual text from the state law.
Land Exam Is Available
In accordance with SB 1247, the Department of Conservation and Natural Resources has developed the training and certification program for "Responsible Land Disturbers."
SB 1247, which went into effect on July 1, prohibits a local government from approving an erosion and sediment control program plan unless the plan identifies a person with a "certificate of competence" who will be in charge of conducting the land disturbing activity.
Exam details are available at www.dcr.state.va.us/sw.
Highland County
Building and Zoning
P.O. Box 188
Monterey, VA 24465
Phone: 540-468-2323
Fax: 540-468-3447
Email: hilandbz@htcnet.org
