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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;
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 fillconsists 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 regulationsgovern 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’szoning ordinance. Theregulations 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.
Thesezoning regulationsdo not apply to the movement offill 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.
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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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
Discover (Summer 2024)
Fill Ordinance (2025) has finished this stage
Develop 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
Define (Fall 2024)
Fill Ordinance (2025) has finished this stage
Review 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.
Draft (Spring 2025)
Fill Ordinance (2025) has finished this stage
Based on parameters set within the Define stage, staff will draft the revised ordinance.
Review (Summer 2025)
Fill Ordinance (2025) is currently at this stage
Share the draft to receive input from interested parties. Hold work sessions with the Board of Supervisors.
Decide (Winter 2025)
this is an upcoming stage for Fill Ordinance (2025)
The Board of Supervisors will adopt the revised ordinance that aligns with the desired parameters and goals.
Do (beginning Spring 2026)
this is an upcoming stage for Fill Ordinance (2025)
The adopted ordinance will be implemented and reviewed at regular intervals.
