Fill & Waste Ordinance

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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.

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  • Share Please explain what you mean by “fill and waste development “. Is that landfill or dumpsters? on Facebook Share Please explain what you mean by “fill and waste development “. Is that landfill or dumpsters? on Twitter Share Please explain what you mean by “fill and waste development “. Is that landfill or dumpsters? on Linkedin Email Please explain what you mean by “fill and waste development “. Is that landfill or dumpsters? link

    Please explain what you mean by “fill and waste development “. Is that landfill or dumpsters?

    Joy McLaughlin asked 26 days ago

    "Fill and waste development" in Albemarle County refers to the regulated disposal of construction and demolition materials in ways that do not involve landfill operations or dumpster services. The types of materials that may be transported and placed on properties other than where they are generated are regulated by the Virginia Department of Environmental Quality and Albemarle County.  

    Some examples of fill and waste development include: 

    • Trucking excess soil and rock from a construction site to fill in low areas on rural properties or to level a steep lot 
    • Using crushed concrete from a demolished building to level an uneven field 
    • Disposing of excess soil and rock from excavation by spreading it to level agricultural fields 


    Several groups are involved in fill and waste development activities in Albemarle County: 

    • Property owners: Landowners may receive fill material on their properties, subject to performance standards and permitting requirements 
    • Developers and construction companies: During development and redevelopment, the goal is to balance what is being removed (or cut) from the site with what is being added (or filled). However, this is not always possible. When it is not possible, these entities must find an offsite location for the deposition of soil, rock, and inert construction materials from their projects 
    • Trucking companies: They transport the fill materials from construction sites to disposal areas 
    • Albemarle County residents and businesses: They may be impacted by increased truck traffic or other concerns related to fill activities 
    • Albemarle County officials: The Community Development Department and Board of Supervisors are involved in regulating and reviewing these activities 
    • Agricultural landowners: Some utilize fill to support their agricultural operations 
    • Waste management facilities: Places like the Ivy Solid Waste & Recycling Center accept certain types of construction and demolition debris, as well as clean fill material, for a fee 
    • Environmental groups and concerned residents: These groups may be interested in the potential impacts of fill activities 
Page last updated: 25 Oct 2024, 12:00 PM