Fill & Waste Ordinance
Albemarle County is reviewing the 2020 regulations on the placement of fill and waste. Whether you have been involved in an application for fill and waste as an applicant or are interested in fill and waste activities, we want to hear what you think about the regulations and process.
What is the Purpose of the Current Fill & Waste 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 byContinue reading
Albemarle County is reviewing the 2020 regulations on the placement of fill and waste. Whether you have been involved in an application for fill and waste as an applicant or are interested in fill and waste activities, we want to hear what you think about the regulations and process.
What is the Purpose of the Current Fill & Waste 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 Clean Earth and Inert Waste 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 & Waste 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.
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CLOSED: This survey has concluded.
We appreciate your interest in this matter, as we aim to foster meaningful and diverse public engagement. Our goal is to connect with a wide array of individuals and organizations who are interested in, affected by, or involved with the clean earth fill and inert waste regulations in Albemarle County. We value your insights and are eager to understand how these regulations impact you and whether we are effectively reaching all interested parties.
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Goals for the Ordinance
Albemarle County's goals for the fill zoning ordinance amendment are to a.) assist in creating an equitable and resilient future and b.) align with Comprehensive Plan and Strategic Plan goals, including:
- abundant natural, rural, historic, and scenic resources
- healthy ecosystems
- active and vibrant development areas
- a physical environment that supports healthy lifestyles, and
- a thriving economy
Project Phases
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Discover (Summer 2024)
Fill & Waste Ordinance has finished this stageDevelop a shared understanding of this topic's constraints, interests, challenges, and opportunities. This includes:
- Identifying interested parties and contacts
- Identifying concerns and challenges with the current ordinance
- Clarifying the constraints for this ordinance
- Identifying the goals for this ordinance
- Researching best practices
- Delivering clear and accessible information
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Define (Fall 2024)
Fill & Waste Ordinance is currently at this stageReview the quantitative and qualitative information received during the Discover phase. Identify insights and themes. Finalize the parameters for the revised ordinance with clarity on what we seek to accomplish with the regulations.
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Draft (Winter 2024)
this is an upcoming stage for Fill & Waste OrdinanceBased on parameters set within the Define stage, staff will draft the revised ordinance and share the draft for review.
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Decide (Spring 2025)
this is an upcoming stage for Fill & Waste OrdinanceThe Board of Supervisors will adopt the revised ordinance that aligns with the desired parameters and goals.
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Do (beginning Summer 2025)
this is an upcoming stage for Fill & Waste OrdinanceThe adopted ordinance will be implemented and reviewed at regular intervals.
Who's Listening
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Special Projects Manager
Email amcculley2@albemarle.org -
Public Engagement Coordinator
Email sgruia@albemarle.org