Fauquier supervisors adopt stormwater ordinance amendment after residents describe years of dumping at Hawkins site

The Fauquier County Board of Supervisors voted to adopt an amendment to Chapter 11 of the Fauquier County Code to incorporate Virginia Department of Environmental Quality guidance on agricultural exemptions to erosion and stormwater permitting after multiple residents described years of heavy truck traffic and dumping behind homes near Brenttown Road.

The change, adopted after a public hearing, updates local stormwater and erosion-management rules to match DEQ’s interpretation of which agricultural activities are exempt from permitting. County staff said the amendment provides consistent standards; residents and supervisors said enforcement and additional authority from the state remain the pressing issues.

Several residents from the Cedar Run and Midland magisterial districts testified that imported fill, frequent dump-truck traffic and new unpermitted roadway construction have damaged local roads, threatened safety and altered wetlands. Anita Burke said her family bought its land “25 years ago” and has endured “sheer hell” the “last eight years,” describing trucks running from about 6:30 a.m. to 6:30 p.m. and leaving rock, mud and debris on Brenttown Road. Morgan Price said she and her husband returned from a honeymoon to find “a brand new double lane road built approximately 50 yards behind our house” and said a July 25, 2024 court order by “Judge Plowman” had instructed a halt to dumping; Price described renewed activity after that date and said the operation had “permanently damaged” her home’s value.

Jennifer Rainwater, who said she and neighbors have worked for adoption of stronger rules, told the board that what is being called “terracing” at the site often consists of imported asphalt, concrete, wire and construction debris “dumped under an agricultural ruse.” Patricia Hupp described what she called a lack of transparency about permits and enforcement, saying she had spent years in court, that “300 trucks” move through some days, and that material has been dumped at heights she estimated at “22 feet” above her property line. Duane Long told the board the situation had persisted for “seven and eight years” and urged the county to improve enforcement.

Board members who spoke acknowledged the frustration of residents and said the ordinance change is only a partial response. Supervisor Gerhard said the county’s authority is constrained by state law and praised recent progress with the General Assembly; he and other supervisors said Fauquier will work with state legislators to seek stronger enforcement tools, including increased civil penalties and clearer criminal remedies. Supervisor Riehl said the ordinance adoption was “one step” and urged continued legislative action.

The board adopted the ordinance after the public hearing. County staff described the amendment as incorporating DEQ guidance to clarify which land-disturbing activities tied to agriculture require permitting; the text change was identified in meeting materials as “text 240-2368” to amend the county’s erosion and stormwater chapter.

Residents urged additional immediate steps: targeted inspections, a public county website listing major permits and enforcement contacts, and a local enforcement protocol that coordinates with VDOT and state agencies. Several speakers said they had contacted DEQ, the EPA, the Army Corps of Engineers and state police without seeing timely enforcement action.

The board’s recorded motion and the formal vote to adopt the Chapter 11 amendment were entered on the record during the meeting; specific roll-call tallies were not read into the transcript. Supervisors said they would continue outreach to the legislature and seek ways to strengthen local enforcement authority.

The board also noted — in a separate closed-session item recorded at the start of the meeting — that it met under the Virginia Freedom of Information Act exception for legal consultation (Va. Code § 2.2-3711) to discuss pending litigation involving the Hawkins matter and related settlement negotiations.

Residents and supervisors said follow-up steps will include improved public notices of major earth-moving activities, coordination with VDOT on damaged roads, and pursuit of statutory changes at the state level to increase local enforcement powers.

Ending: Board staff said they will publish the adopted ordinance text to the county website and continue outreach to affected residents; supervisors reiterated an intention to seek stronger state-level enforcement authority in the coming legislative cycle.