Fill & Waste Ordinance (2025)

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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

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.

Page last updated: 10 Jul 2025, 01:19 PM