Fill Ordinance (2025)

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Albemarle County is reviewing the 2020 regulations on the placement of fill. Whether you have been involved in an application for fill as an applicant or are interested in fill activities, we want to hear what you think about the regulations and process.

What is the Purpose of the Current Fill Ordinance Update?

Balance the impacts of fill activities with the needs of the community in alignment with the Comprehensive Plan.

This includes:

  • Protecting natural, rural, historic, and scenic resources;
  • Supporting a strong agricultural and silvicultural economy in the Rural Area by allowing productive uses of agricultural land;
  • Promoting active

Albemarle County is reviewing the 2020 regulations on the placement of fill. Whether you have been involved in an application for fill as an applicant or are interested in fill activities, we want to hear what you think about the regulations and process.

What is the Purpose of the Current Fill Ordinance Update?

Balance the impacts of fill activities with the needs of the community in alignment with the Comprehensive Plan.

This includes:

  • Protecting natural, rural, historic, and scenic resources;
  • Supporting a strong agricultural and silvicultural economy in the Rural Area by allowing productive uses of agricultural land;
  • Promoting active and vibrant Development Areas; and
  • Protecting the quiet enjoyment of one’s property.

This project does not involve:

  • Wholesale rewrite of regulations,
  • Expanding regulations to allow non-inert materials/contaminants, or
  • Removing environmental protections.

What is Fill?

Clean earth and inert waste are two types of fill.

  • Clean earth fill consists of soil and rock. County regulations limit the amount of woody material and the amount and size of rocks.
  • Inert waste fill consists of solid materials that are stable from further degradation. Examples include certain types of construction and demolition debris, such as concrete, bricks, and asphalt.

What Does the Current Fill Ordinance Regulate?

The fill regulations govern adding outside material to a parcel, usually changing its elevation or topography. These regulations are found in Albemarle County Code § 18-5.1.28, part of the County’s zoning ordinance. The regulations include:

  • Requirements for shaping and sloping fill areas
  • Restrictions on fill locations (for example, not in flood hazard areas or stream buffers)
  • Reclamation requirements after fill activities
  • Setback requirements from property lines and streets for access and fill activity
  • Lot size and area restrictions for fill activities
  • Tree protection measures
  • Access and transportation requirements
  • Time limits and operating hours for fill activities
  • Safety and environmental protection measures

The regulations specify that inert waste fill must be topped with clean earth fill to a minimum depth of two feet (or one foot in some cases) to allow for proper stabilization and reclamation of the site. This requirement ensures that the filled area can support vegetation and blend with the surrounding landscape.

These zoning regulations do not apply to the movement of fill material within the same parcel or fill associated with an approved site plan, building permit, or road plan. A compilation of zoning regulations relating to fill is found here.

  • Planning Commission Public Hearing Scheduled for 3/24/26

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    Project Update: Clean Earth & Inert Waste Fill Regulation Revisions

    Albemarle County is continuing its work to revise the Clean Earth and Inert Waste Fill regulations in the Zoning Ordinance. As part of this process, draft regulations are now available for public review ahead of the Planning Commission’s upcoming public hearing on Tuesday, March 24.

    What’s Available for Review

    To help our community understand the proposed changes, the draft regulations are provided in three formats:

    These are the same drafts that will be presented to the Planning Commission on March 24. Only minor grammatical or typographical corrections may be made before the hearing.

    How to Provide Input

    Community feedback is an important part of the review process. You are invited to submit comments in any of the following ways:

    Comments received by March 13 will be included in the staff packet, giving Commissioners time to review them before the meeting.

    Comments received after March 13 will still be forwarded to the Planning Commission.

    What Happens Next

    After reviewing the drafts and public input, the Planning Commission will make a recommendation to the Board of Supervisors. The Board will then hold its own public hearing to consider the proposed regulations. A date for that hearing has not yet been scheduled. All materials reviewed by the Planning Commission will automatically carry forward to the Board.

    Questions?

    For additional information about the proposed regulations or the text amendment process, please contact:

  • Project Update: August 2025

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    What We Did

    The Fill Ordinance Project launched in August 2024 on Engage Albemarle, where community members could access information, complete a survey, and submit questions.

    In May 2025, staff provided interested parties with several resources on zoning fill regulations, including:

    Looking Ahead

    On September 17, 2025, staff will meet with the Board of Supervisors to review the draft ordinance and focus questions. A staff report will be posted on the County’s meeting calendar in advance of the discussion.

    While work sessions do not include public comment on the agenda items being discussed, community members may share feedback at the start of the meeting during “Public Comment on Matters Previously Considered or Currently Pending Before the Board (Other than Scheduled Public Hearings).”

    It has not yet been determined whether the next step will be another work session or a public hearing with the Planning Commission. Please check this project page regularly for updated Key Dates and links to meeting agendas and reports.

  • Review: First draft of proposed changes to the zoning regulations for fill

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    The draft fill regulations and supporting documents are ready for review:

    Draft Fill Regulations - May 21, 2025

    • This is the first draft of proposed changes to Albemarle County’s zoning rules for fill.

    Guide and Focused Questions for Revised Zoning Fill Regulations

    • This document provides an overview and questions. The first page gives a summary of the draft changes to the ordinance. The second page includes specific questions to help readers think about the changes.

    Other Localities’ Fill Regulations

    • This chart compares how several Virginia localities manage fill through their zoning rules. The Virginia Department of Environmental Quality establishes statewide regulations for erosion and sediment control, as well as stormwater management. Some places, such as Albemarle County, also regulate fill as a land use through zoning regulations.

    Compilation of Existing Zoning Fill Regulations

    • This document lists all existing Albemarle County zoning regulations related to fill.
Page last updated: 03 Mar 2026, 01:39 PM