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Do I need an Erosion Control Permit?

When do I need a permit for land disturbance?

  1. Any land disturbing activity which uncovers one or more acres (43,560 Square Feet) of land.
  2. Any land disturbing activity which uncovers one-half (1/2) acre or more (21,780 square feet) of land with an average slope of 16 percent (7.2 degrees) to 25 percent (11.25 degrees) in its natural state. The average slope shall be calculated only for the disturbed area.
  3. Any land disturbing activity which uncovers one-quarter (1/4) acre or more (10,890 square feet) of land with an average slope over 25 percent (11.25 degrees) in its natural state. The average slope shall be calculated only for the disturbed area.

No person shall undertake any land-disturbing activity without first obtaining an Erosion and Sedimentation Control Plan approval from this office.

Violations spreadsheet, lists amounts that can be assessed if violation occurs at the site. Click here.

*The Erosion and Sedimentation Control Plan must be prepared by a design professional.

Design Professional - A Civil Engineer or Landscape Architect who prepares the Erosion and Sediment Control Plan for the person or agent engaged in land disturbing activities.

Land-Disturbing Activity - Any use of land by any person in residential, industrial, education, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural ocover or topography and that may cause or contribute to sedimentation.

Sedimentation - The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse.

Slope - The level inclination of land from the horizontal plane determined by dividing the
horizontal run of the land into the vertical rise of the same land and converting the result into a
percentage value. For purposes of measurement, property must be at least 25 feet vertically and
50 feet horizontally.

Slope, Average - Calculating the average slope of the disturbed area is based on the elevations at
the corners. An imaginary rectangle or square would have to be applied to calculate the area. The
average slope is calculated by subtracting the average elevation of the uphill area line and the
average elevation of the downhill area line and dividing the sum by the average distance between
the two (2) area lines. The average elevation of the uphill or downhill area line is calculated by
adding the elevations at the ends of the area line and dividing by two.

 

Slope, Steep - A slope greater than 60 percent, identified as part of: (1) a County Soil Survey
prepared by the USDA Natural Resources Conservation Service; and/or (2) a site analysis
conducted by a registered professional engineer, professional land surveyor, landscape architect,
architect or land planner and calculated using topographic maps from an actual survey or from
the US Geological Society.

Lake or Natural Watercourse - Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal waterway, estuary, and any reservoir, lake or pond (natural or impounded) in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment.