Fill permit; required when filling or grading areas.
Norfolk City Code § 42-20.2
in effectSec. 42-20.2. - Fill permit; required when filling or grading areas.
(a) Before any filling or grading is done by any person of any area in the city, a fill plan shall be obtained from the director of public works, or his designee. Upon approval of the fill plan and issuance of a fill permit by the director of public works or his designee, the filling or grading shall be done in accordance therewith.
(b) The fill plan shall include:
(1) A survey drawn to scale, certified as complete and accurate by a professional engineer or a certified land surveyor, which clearly delineates:
a. The existing topography of the area proposed to be filled or graded shown by contour lines;
b. The location, elevation, extent, and type of proposed fill or grading shown by contour lines and total fill and disturbed area calculations; and
c. The location of natural drainage areas which would or could be obstructed by the fill.
(2) Appropriate erosion and sedimentation control procedures as required by chapter 15 of the City Code.
(3) A description of the purpose and necessity of the filling or grading.
(4) Any additional information or data the director of public works or his designee requests to complete their review of the fill plan.
(c) The director of public works or his designee prior to issuing a fill permit, may require the applicant to submit a reasonable performance bond with surety, cash bond, letter of credit, any combination thereof, or such other legal arrangement acceptable to the director of public works or his designee to ensure that measures could be taken by the city at the applicant's expense should he fail, after proper notice, within the time specified, to fill and maintain drainage in accordance with the fill permit. If the applicant should fail to fill or maintain drainage in accordance with the fill permit, the city may collect from the permittee the difference should the amount of the reasonable cost of such action exceed the amount of security held. Within sixty (60) days of the inspection and approval of the filling and adequate stabilization, such bond, cash bond, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof shall be refunded to the applicant or terminated. These requirements are in addition to all other provisions relating to the issuance of fill permits and are not intended to otherwise affect the requirements for such permits.
(d) Upon the approval of the fill plan under this section a fill permit shall be issued. Upon the completion of the work thereunder, the owner of the land or the person obtaining the permit shall thereafter maintain the drainage in such condition as to allow the free flow of water through it in an unobstructed manner. Should this drainage become obstructed, a plan for reopening it must be submitted to the director of public works or his designee.
(e) Any person violating any provision of this section shall be guilty of a Class 1 misdemeanor. Each day that drainage is obstructed shall constitute a separate offense. If the owner or any other person with the knowledge and consent of the owner fails to carry out the filling within the terms and conditions set forth in the approved fill plan, the director of public works or his designee shall revoke the same and take such action as is appropriate to remedy or restore the area affected. In addition to any penalty imposed for each violation, a judge hearing the case may direct the person responsible for the improper filling to remove such material and/or restore the area, and each day's default in such removal or restoration shall constitute a violation of and a separate offense under this section.
(Ord. No. 36,187, § 1, 8-28-90; Ord. No. 37,168, § 1, 3-16-93; Ord. No. 40,580, § 1, 1-8-02)
Source: City of Norfolk, Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/norfolk/codes/code_of_ordinances?nodeId=COCI_CH42STSI_ARTIINGE_S42-20.2FIPEREWHFIGRARFetched: 11/1/2026