Land Disturbing Permit
Who Needs A Land Disturbing Permit?
Any person who will disturb more than 10,000 square feet of land which may result in
soil erosion and the movement of sediments into the state waters or onto lands in the
commonwealth, including, but not limited to, clearing, grading, excavation, transporting
and filling of land needs to obtain a land disturbing permit or sign an
agreement in lieu of obtaining a permit in the case of a single family dwelling.
(This form is available in the Forms, Reports, and Publications Section.)
Are there exceptions to the above rule?
Yes, the following activities do not require a land disturbing permit:
- Minor land-disturbing activities such as home gardens and individual
home landscaping, repairs and maintenance work.
- Individual service connections.
- Installation, maintenance, or repairs of any underground public utility
lines when such activity occurs on an existing hard-surfaced road, street
or sidewalk provided such land disturbing activity is confined to the area
of the road, street or sidewalk which is hard surfaced.
- 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.
- Tilling, planting, or harvesting of agricultural, horticultural, or forest crops,
or livestock feedlot operations; including engineering operations as follows:
construction of terraces, terrace outlets, check dams, desilting basins, dikes,
ponds, ditches, strip cropping, lister furrowing, contour cultivation, contour furrowing,
land drainage, and land irrigation: however, this exception shall not apply to
harvesting of forest crops unless the area on which harvesting occurs is reforested
artificially or naturally in accordance with the provisions of the state law or is
converted to bona fide agricultural or improved pasture use as described in the law.
- Repair or rebuilding of the 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 Dam Safety Act, Article 2 of Chapter 6, ditches, strip cropping,
lister furrowing, contour cultivation, contour furrowing, land drainage, and land irrigation.
- Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles.
- Emergency work to protect life, limb or property, and emergency repairs; however, if the land disturbing
activity would have required an approved erosion and sediment control plan, if the activity were not
an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the
requirements of the plan-approving authority.
Where can I get help in determining if I need a land disturbing permit?
You may contact the County Engineer who will be glad to assist you.
A screening form (available in the downloads section) has been provided listing the information
that will be needed to assist in determining your permitting requirements.
Do I need a Land Disturbing Permit if I am only going to build a single-family house?
No. For single-family residences the owner or builder may be able to sign an
agreement in lieu of submitting an
erosion and sediment control plan and obtaining a land
disturbing permit. This agreement specifies conservation measures that must be implemented in the
construction of a single-family residence.
How do I obtain a Land Disturbing Permit?
- Develop an erosion and sediment control plan for the proposed project.
- Submit the erosion and sediment control plan for review and approval by the County Engineer. A revise plan may be required.
- Pay the plan review and inspection fees.
- Provide a bond, cash escrow, or irrevocable letter of credit to cover the completion of the approved plan.
- Sign a certification that the approved erosion and sediment control plan will be followed.
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