Fairfax County NOV for Unauthorized Grading: Can You Get the Property Back Into Compliance?
You finished the backyard project.
Then Fairfax County sends you a Notice of Violation for unauthorized grading.
Now what?
The good news is that receiving an NOV does not mean you should panic.
But it does mean the site needs attention.
The goal is to understand the violation and follow the appropriate process to bring the property into compliance.
What Is Unauthorized Grading?
Grading generally means changing the elevation or shape of the land.
That can include cutting soil, adding fill, creating slopes, leveling a yard, or changing drainage patterns.
Some grading is minor.
Other grading can fall under Fairfax County’s land-development requirements.
The important question is whether the work required county approval and whether that approval was obtained.
Why Does Fairfax County Issue an NOV?
If county staff identify land-disturbing activity or another violation of applicable requirements, the county may issue a Notice of Violation.
Fairfax County explains that an NOV identifies the violation and the corrective action needed, along with a timeframe for compliance.
That notice should guide the next step.
Don’t Ignore the Deadline
An NOV is not something to put in a drawer and deal with later.
If engineering is required, you may need time to:
- Review the site
- Obtain survey information
- Prepare a grading plan
- Address drainage
- Submit documents
- Respond to county comments
- Complete physical corrections
Starting early gives you more time to deal with each part.
Does the Property Need to Be Restored to Its Original Condition?
Not necessarily.
The correct fix depends on what has been violated and what the requirements are.
For example, if unauthorized fill was placed on the property causing a change in grade, regrading may be the appropriate remedy.
But the final grade should be determined based on the actual site conditions and applicable requirements.
Simply guessing where the original dirt was isn’t an engineering solution.
Could a Grading Plan Be Required?
Yes, depending on the situation.
The county has several types of site-development and grading plans, including INF and RGP plans.
Which one applies depends on the property and project.
An existing NOV can also be relevant to the plan submission.
For example, Fairfax County’s INF requirements specifically address situations where an INF is being submitted to mitigate an existing violation.
What If the Violation Involves Fill?
Fill violations are common enough that they deserve careful attention.
Adding soil changes the elevation.
The new elevation can change runoff.
If runoff changes, drainage can change.
So the correction needs to consider more than the pile of dirt that was originally placed.
What If a Neighbor Is Affected?
If the unauthorized grading has changed runoff toward a neighboring property, the correction needs to consider that drainage path.
Don’t solve one property’s water problem by creating another property’s water problem.
The site should be evaluated as a whole.
What Documents Should You Give Your Engineer?
Start with the NOV.
Then provide:
- Existing surveys
- Previous grading plans
- Building plans
- Permits
- Construction photographs
- Contractor information
- Photos showing the current site
- County correspondence
- Any previous corrective plans
Even documents that seem unrelated can provide useful background.
What Happens After the Plan Is Prepared?
If a plan is required, it may need to be submitted to Fairfax County for review.
The county can issue comments or deficiencies.
Those comments need to be addressed before the approval process can move forward.
The physical correction may also need to be completed in accordance with the approved plan.
Compliance Is the Goal
The purpose of corrective engineering isn’t to produce another drawing just for the county file.
The purpose is to establish a workable path from the current site condition to a condition that satisfies the applicable requirements.
That means understanding what happened, documenting what exists, designing the correction, and following the county’s process.
Don’t Let an NOV Become a Bigger Problem
If you receive an NOV for unauthorized grading, fill, drainage, or land disturbance, address it early.
Don’t keep modifying the site without a clear plan.
Don’t assume the contractor who performed the original work knows how to resolve the county violation.
And don’t assume that simply moving the dirt again will fix the problem.
CeedCivil helps Fairfax County property owners with grading plans, INF plans, RGPs, drainage issues, and site-related NOVs. If you’ve received a Notice of Violation, we can help evaluate the engineering side of the problem and determine the appropriate next steps.
This article is general information and not legal advice. Follow the specific requirements in your NOV and confirm the current process with Fairfax County.