FAQ
What permits do I need to build a home in Orange County?
A zoning permit, an Agreement in Lieu of an Erosion and Sediment Control Plan, and a building permit must be obtained prior to building a house in Orange County.
When is an Agreement in Lieu of an Erosion and Sediment Control needed?
Outside of a subdivision - an Agreement in Lieu of an Erosion and Sediment Control Plan is issued for land disturbance of more than 10,000 square feet resulting from the following activities, conducted separately or together:
- barn
- detached garage, shed
- driveway
- home construction or addition
- manufactured home placement
- septic drainfield
Inside a subdivision, the Town of Orange, or the Town of Gordonsville - an agreement in Lieu of an Erosion and Sediment Control Plan is issued for any land disturbance resulting from the following activities, conducted separately or together:
- barn
- detached garage, shed
- driveway
- home construction or addition
- manufactured home placement
- septic drainfield
- swimming pool
Structures built on piers or poles, such as decks, docks and pole barns, do not require the issuance of an E&S permit.
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What is required to obtain an Agreement in Lieu of an Erosion & Sediment Control Plan?
To obtain an Agreement in Lieu of an Erosion and Sediment Control Plan, a Land Disturbance Calculation Sheet (found in the "Erosion Control Bond Packet," click here) - must be filled-out in the Planning and Zoning office, providing the following information:
- amount of land to be disturbed (including excavation for home, septic drainfield, driveway, and yard area)
- name and certification number of the Responsible Land Disturber (RLD)
- a letter from the RLD stating they will be doing the work, or that they give permission for their name to be used in association with the project being permitted (if the RLD is not the landowner)
- pay the associated Review Fee
What activities require the review and approval of an Erosion and Sediment Control Plan and issuance of a Land Disturbance Permit?
Anywhere in the county or two towns - land disturbance over 10,000 square feet, for the following, requires a Land Disturbance Permit:
- commercial development
- farm and access road
- industrial development
- lot clearing, fill dirt operations, or borrow sites
- residential street construction
Any land disturbance over one acre requires the issuance of a state VSMP permit. Information pertaining to a state VSMP permit can be found, click here.
What is required to obtain a zoning permit?
Applicants for a zoning permit must provide a plat of the property that shows where the structure will be placed in relation to each property line (approximate distances must be noted). In addition, individuals applying for a zoning permit who are not shown as the owner of record on county real estate records must provide proof of ownership (in the event of a recent land transfer) or permission in writing from the landowner, in order to obtain the zoning permit. The following forms are available on-line, to be utilized:
- Authorized Agent Affidavit
- Application for Zoning Permit
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How often can a piece of property be subdivided?
To accurately answer this question for a particular piece of property, the Planning and Zoning office should be contacted at (540) 672-4347. The number of "by-right" divisions is dependent upon a property's zoning classification. For example, in he agricultural zoning district no more than one (1) lot may be subdivided from any parent parcel within any four (4) year period. A parent parcel means:
- in the agricultural zoning district, a parcel of land of ten (10) or more acres that was of record on 10/28/08
- in any residential zoning district, a parcel of land that is of record upon the effective date of this ordinance
- for the purpose of continued division, the residue as defined herein
How much land is required to build a house in Orange County?
Existing lots that are less than two acres in size and are of record in the Office of the Circuit Court Clerk can be built on as long as the required setbacks can be met and approval by the health department is granted. In agricultural zoning district, the minimum lot area for a newly divided parcel of land is two (2) acres. *Lots created as part of a "family subdivision" must meet the minimum lot size requirements (exclusive of any road right-of-way or easement) in accordance with the zoning of the property. Please contact the Planning and Zoning office at (540) 672-4347 for the required lot sizes for residentially zoned property.
How many dwellings are allowed on one piece of property?
Pursuant to Sec. 70-621. Principle Structures Allowed, only one principal structure and those structures accessory to it are permitted on any single piece of property. Farm tenant houses are considered accessory to a farm.
What is the difference between a family subdivision and a minor subdivision?
Family subdivision means a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner. Minor subdivision means the division of a parcel that creates, simultaneously or cumulatively, seven (7) or fewer lots. Additional specific differences involving a family subdivision, include:
- only one (1) such division allowed per family member
- subject to requirements in Code of Virginia Sec. 15.2-2244 and in Orange County Ordinance Sec. 54-28 and 54-37
- grantor must have held the property being subdivided for five (5) or more years
- each lot created must be titled in the name of the immediate family member, for whom the subdivision is made, for a period of no less than five (5) years from the date of final plat approval
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What is the definition of family?
Family or immediate family means a person’s natural or legal offspring, spouse, sibling, parent, grandparent, grandchild, niece, nephew, or stepchild.
What must be done in order to divide a piece of property?
Obtain a plat of the property to be divided. Draw on plat the lot or lots to be divided-off, and the approximate location of the house to be built. Take plat to the Orange County Planning & Zoning office, 128 W. Main Street, and complete a “Determination of Proposed Subdivision Rights” form. Along with the “Proposed Subdivision Rights” form, checklists of information will be provided to assist a professional surveyor in plat preparation. An independent soil scientist must be hired to conduct a soil study, in order to determine where the property “perks” for a septic drainfield. Contact the VA Office of Environmental Health at (540) 672-0223 to obtain a list of AOSE soil scientists. If a new driveway is being created off of a state road, or the number of lots on an existing driveway is being increased, the Virginia Department of Transportation will need to review and approve the subdivision plat. Contact VDOT at (540) 829-7498 to determine what is required to obtain an Entrance Permit. All copies of the plat must be signed by all landowners, the surveyor, and other approving agencies (VA Health Department and VDOT) before being returned to Planning and Zoning for final review and approval. Additional documentation, such as a road maintenance agreement for an ingress / egress easement or a deed of conveyance for a family subdivision must be submitted with the plats for review, along with a fee of $25.00.
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What must be done to obtain a Special Use Permit and/or rezone a piece of property ?
The rezoning process and Special Use Permit (SUP) process generally take four (4) to eight (8) months to complete. Many factors influence the actual review time, including complexity of the case, Planning Commission or Orange County Board of Supervisor caseload, the applicant’s response to information requests, and staff availability and case load. All forms, reports, and additional information are available in the Planning and Zoning office at 128 West Main Street, Orange, VA 22960 – (540) 672-4347, or via the Internet at: orangecountyva.gov.
It is recommended that, prior to submitting a rezoning application or SUP application, a prospective applicant call the Planning and Zoning office to schedule a pre-application meeting. This will allow the early identification of issues and allow the applicant to become more familiar with the review process. Generally, the applicant is expected to: attend a pre-application meeting; complete pre-submission tasks; submit all mandatory application items; attend an ARC meeting; communicate with neighbors; attend public hearings; actively participate; and pay necessary fees.
Rezoning applications and SUP applications are submitted to the Planning and Zoning office for staff review, and will be distributed to relevant review agencies for comment. A meeting with the Application Review Committee (ARC) will be scheduled and held after a complete application is submitted. Planning and Zoning staff prepare an analysis and recommendation for consideration by the Planning Commission at a public hearing. The Commission is a standing committee appointed by the Board of County Supervisors to advise the Board on land-use issues. The Board, at a subsequent public hearing, will consider the case and the Commissioners’ recommendation, and either approve or deny the application.
As part of the rezoning process in Orange County, the applicant may voluntarily proffer conditions above and beyond those normally required. These conditions are intended to mitigate impacts resulting from the proposed use of the land. Proffer statements are reviewed as a part of the rezoning application, and are accepted by the Board of County Supervisors with its approval of rezoning applications.
How long does the subdivision process take?
Depending on the surveyor used, the process to subdivide may take six (6) months or longer. Once plats are submitted to the Planning and Zoning office, the initial review of the division plat will take approximately ten (10) days. Necessary revisions will be coordinated with the landowner listed on the “Plat Review” application. PLEASE NOTE: The Orange County subdivision agent is allowed sixty (60) days to review plats for compliance with the subdivision ordinance, the VA Health Department is allowed sixty (60) days for their review, with VDOT’s review period being contingent upon whether it is determined a Traffic Impact Analysis is necessary.
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Why is VDOT approval needed for a private road?
VDOT must review and approve entrances from the state highway for any lot created.
How do I find-out the zoning classification for a piece of property?
The zoning for a particular parcel of land can be estimated by utilizing Orange County’s online GIS website. PLEASE NOTE: The information contained on the GIS website is not a “legal description.” Once the site appears, click on “Display Map.” Once the county map is displayed, click on “Search” at the top of the screen. Choose the most appropriate option for conducting a search based on information available for identifying the property (tax map and parcel number, property address, name of landowner, etc). If internet access is unavailable, the Orange County Planning & Zoning office may be contacted at (540) 672-4347 to verify the zoning of a piece of property.
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