Permit Modifications, Transfers & Terminations

Modifications, Transfers and Terminations of existing VSMP permits, regardless of the date the permit was originally issued, must be submitted to the County for processing as described below.

All forms must be signed in ink by a person who is authorized to sign on behalf of the construction activity operator as described in the form instructions. The original ink signature form must be submitted-copies will not be accepted.


The Construction General Permit (CGP) requires the operator to update the site-specific Stormwater Pollution Prevention Plan (SWPPP) whenever there is a change in the design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to surface waters. Changes to the approved Stormwater Management (SWM) or Erosion and Sediment Control (E&S) plan must typically be addressed through review and approval of a revised land development application. However, minor changes to the temporary E&S controls can in some cases be addressed via "redlined" adjustments at the discretion of the Loudoun County Field Manager.

Registration Statement Modification

Changes to the SWPPP also require a Registration Statement Modification if they affect the information reported on the previously provided Registration Statement (with the exception of the estimated project start and completion dates). For the purposes of the CGP, modifications most commonly include increases to the permitted disturbed area.

Registration Statement modification fees are assessed according to the total disturbed acreage of the site (see Fee Schedule). In addition, if the modification results in an increase in total disturbed acreage to a higher fee category (for example, increasing from 1 to 5 acres disturbed to 5 to 10 acres disturbed), the difference between the initial fee and the fee associated with the revised total disturbed acreage must be paid. (*Note that these fees are in addition to any other required land development application or permit fees). See the following example:

Initial Permitted Project
Total Disturbed Area: 8.2 Acres
County VSMP New Permit Fee: $4,900
VA DEQ VSMP New Permit Fee: $952
Total VSMP New Permit Fees: $5,852

Permit Modification Example 1
Total Disturbed Area: 9 Acres
Disturbed Area Upgrade Fees: $0
Base Modification Fee (County): $485
Total Permit Modification Fee: $485 (County)

Permit Modification Example 2
Total Disturbed Area: 10 Acres
County VSMP New Permit Fee: $6,480
VA DEQ VSMP New Permit Fee: $1,260
Total VSMP New Permit Fees: $7,740
-- Less Initial Fees Paid --
VA DEQ Disturbed Area Upgrade Fee ($1,260-$952): $308
County Disturbed Area Upgrade Fee ($6,840-$4,900): $1,580
Base Modification Fee (County): $485
Total Modification Fee: $2,373 ($2,065 County, $308 DEQ)*

*The Base Modification Fee is paid only to the county, so in the first example, $485 would be paid to the County and no payment would be made to DEQ. In the second example, $2065 of the total $2373 fee would be paid to the County at the time application submittal and the remaining $308 would be paid to DEQ following County approval.

Required Submittals for Permit Modification

  1. VSMP Permit Fee Form (PDF)
  2. An updated original-signature 2019 Registration Statement (Required Post 2021-01-01) 
  3. Fees (base fee plus applicable upgrade fees as described).
  4. Brief written description of the modification, along with any supporting documents (e.g., updated SWM plan, E&S plan, SWPPP, etc.) necessary to describe the modification and demonstrate compliance with the applicable regulations.


Permit Transfers designate a new "operator" for a project when ownership changes hands, or if a different entity will be acting in that role on behalf of the owner. For example, the owner may initially be designated as the Operator when coverage is first obtained, but Operator status, along with oversight of daily operations, could be transferred to the General Contractor once one has been selected.

Required Submittals for Permit Transfer

  1. VSMP Permit Fee Form (PDF)
  2. 2019 Transfer of Ownership Agreement Form (From DEQ)
  3. Transfer Fee


Permit termination is initiated by submitting a Notice of Termination (NOT) form, either in hard copy to the Land Development Counter ("attention VSMP Team"), or electronically to [email protected]. The form must be submitted no later than 30 days after:

  1. Necessary permanent control measures included in the SWPPP for the site are in place and functioning effectively and final stabilization has been achieved on all portions of the site for which the operator is responsible. When applicable, long-term responsibility and maintenance requirements for permanent control measures shall be recorded in the local land records prior to the submission of a Notice of Termination.
    • The County's process for verification that this condition has been satisfied includes the following. County staff will alert both the applicant and DEQ within 60 days of receipt of the not as to its acceptance:
      • Release of the Erosion Control (grading) bond for the permitted area;
      • Review of as-built drawings for and inspection of the permanent stormwater measures. (This inspection may occur as part of the performance bond release process.)
      • Verification that all stormwater easements and any required maintenance agreements have been recorded. (**Currently, maintenance agreements are required as follows: a Wet Pond Agreement (DOC) for all wet ponds and constructed wetlands, and; a Facilities Maintenance and Performance Agreement (FMPA) for certain cartridge-type Manufactured Treatment Devices as determined in the Technical and Procedural Newsletter, dated September 20, 2012 (PDF).
  2. Another operator has assumed control over all areas of the site that have not reached final stabilization and obtained coverage for the ongoing discharge;
  3. Coverage under an alternative VPDES or state permit has been obtained; or
  4. For residential construction only, when temporary soil stabilization has been completed and the residence has been transferred to the owner.

For conditions B through D, authorization to discharge terminates at midnight on the date that the notice of termination is submitted, unless otherwise notified by the county.

Required Submittals for Permit Termination

  1. VSMP Permit Fee Form (PDF) 
  2. 2019 Notice of Termination (NOT) Form (From DEQ)