Downey's Environmental Rules: The Rules That Matter
Every city handles environmental rules a little differently. In Downey, California, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.
Erosion Control
Any construction, commercial or industrial project in Downey that needs a state NPDES stormwater permit must have it before work starts. Municipal Code § 5704 requires keeping the Construction General Permit, a site-specific SWPPP and stormwater quality data on hand for inspection, so erosion and sediment controls are documented, not optional.
Key details: Governing section: Downey Municipal Code § 5704. Required permits: Construction General Permit or Industrial General Permit. Required on-site records: NOI/WDID number, SWPPP, water quality data. Related BMP duties: § 5705 covers all parcels, not just permitted sites. Penalty: Misdemeanor; each day is a separate offense.
Conducting construction, commercial or industrial activity requiring an NPDES permit without the CGP or IGP, or failing to keep the required Notice of Intent, SWPPP or stormwater quality data on site for inspection, violates § 5704 and § 5710. Enforcement runs as a misdemeanor under Chapter 2 of Article I of the code, with each day of noncompliance a separate offense, plus potential civil injunctions and cost recovery for the City's investigation and cleanup expenses.
This is not one of those rules that cities tend to ignore. Downey actively enforces its erosion control requirements.
Flood Zones
Any new construction, development, or substantial improvement inside a Downey special flood hazard area needs a building or grading permit before work starts, under Municipal Code § 8710.01. The floodplain chapter applies citywide to every area FEMA maps as a special flood hazard on the City's July 6, 1998 Flood Insurance Rate Map, and violations are a misdemeanor under § 8700.07.
Key details: Governing section: Downey Municipal Code § 8710.01. Applies to: All FEMA-mapped special flood hazard areas. FIRM date: July 6, 1998, plus later revisions. Permit fee: Set by City Council resolution. Violation: Misdemeanor under § 8700.07.
Starting construction, grading, or a substantial improvement inside a mapped special flood hazard area without the § 8710.01 permit, or ignoring a permit condition meant to safeguard against flood damage, is a misdemeanor under § 8700.07. The Building Official can also withhold approval until the required elevation certifications and floodproofing documentation are on file, and unresolved boundary or requirement disputes go to the Board of Building Appeals rather than halting enforcement.
Flood Elevation Requirements
New residential construction inside a Downey special flood hazard area must have its lowest floor, including any basement, elevated above the highest adjacent grade, per Municipal Code § 8710.06(c). In an AR zone with a mapped base flood depth, that means elevating to the depth shown on the FIRM, or at least two feet if no depth is listed, then certifying the finished elevation to the Building Official.
Key details: Governing section: Downey Municipal Code § 8710.06(c). Minimum elevation: FIRM depth number, or 2 ft minimum. AR zone alternative: Lower of AR base flood elev. or 3 ft. Certification required: Registered engineer or surveyor sign-off. Nonresidential option: Floodproofing in lieu of elevation.
Occupying or finishing a new residential structure in a special flood hazard area without the engineer- or surveyor-certified elevation record required by § 8710.06(c) blocks final sign-off, and building below the required elevation without qualifying floodproofing is a violation of the construction standards enforceable as a misdemeanor under § 8700.07. The Building Official can withhold the certificate of occupancy until the certification is filed.
Stormwater Management
Downey bans dumping anything but rain into its storm drains. Municipal Code § 5703 prohibits illicit connections to the storm sewer system and makes every non-storm-water discharge illegal unless it falls under a narrow, permit-based exemption, naming pool water, vehicle wash water and construction slurry as specific examples.
Key details: Governing section: Downey Municipal Code § 5703. Default rule: All non-storm water discharge to MS4 prohibited. Named prohibited discharges: Pool water, vehicle wash water, concrete slurry. Enforcing officer: Director or City Code Enforcement Officer. Penalty: Misdemeanor; each day is a separate offense.
An illicit connection to the MS4, or a prohibited non-storm water discharge such as pool backwash, vehicle wash water, or concrete wash-out reaching a storm drain, violates § 5703 and § 5710. Violations are misdemeanors under Chapter 2 of Article I of the code, with each day of continuing discharge a separate offense, and the City can also pursue civil injunctions and recover its investigation and cleanup costs from the responsible party.
This is one of the stricter rules in Downey's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.
Coastal Development
Downey is an inland city approximately 12 miles from the coast and is not within the California Coastal Commission's jurisdiction. Coastal development regulations do not apply.
Key details: Coastal Zone: Not applicable. Location: 12 miles inland. CCC Jurisdiction: Does not apply. Permits: No coastal permits needed.
The Bottom Line
Downey is tougher than many cities when it comes to environmental rules. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Downey, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.
These rules come from Downey's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.