Environmental Rules in San Bernardino, CA: What Residents Actually Need to Know

If you live in San Bernardino or are thinking about moving there, environmental rules are one of those things you probably won't think about until they affect you directly. San Bernardino has 4 specific rules on the books covering different aspects of environmental rules, and some of them might surprise you.

Flood Elevation Requirements

When a San Bernardino property sits in an approximate Zone A flood hazard area with no FEMA base flood elevation on record, the Floodplain Administrator can set the base flood elevation at two feet above the highest adjacent grade, provided nothing shows flood depths could run deeper. Actual construction elevation requirements then follow from that figure under Chapter 8.79.

Key details: Default BFE with no data: 2 feet above highest adjacent grade. Garage exception size cap: 600 sq ft, one story. Group U elevation standard: ASCE 24 design flood elevation. Manufactured home pier height: At least 36 inches above grade. Determining official: City Engineer as Floodplain Administrator.

Building below the required base flood elevation without qualifying for the detached-garage or Group U exceptions is a violation under Section 8.79.430, treated as a misdemeanor, and a structure lacking documentation of its lowest-floor elevation is presumed noncompliant until the owner submits that documentation. The Floodplain Administrator can issue a stop-work order under Section 8.79.440, and continuing work afterward draws case-by-case penalties, fines and remediation fees from the Public Works Department under Section 8.79.450.

Erosion Control

Builders in San Bernardino disturbing an acre or more must get a state construction storm water permit and file a local Storm Water Quality Management Plan before any grading or building permit issues, under Municipal Code § 8.80.501 and § 8.80.502.

Key details: SWQMP required before: any grading/building permit. State permit trigger: 1 acre or more disturbed. Hillside SWQMP trigger: 10,000 sq ft, 25%+ slope. Non-storm discharge notice: 5 days before, to City Engineer. Stop work order fee: $1,000.

Starting work without an approved SWQMP or before the required storm water quality management plan is submitted lets the City Engineer or Building Official issue a stop work order under § 8.80.603(B), which carries a $1,000 issuance fee and halts all work until the City Engineer authorizes resuming it in writing. Continuing violations bring administrative civil penalties up to $5,000 per day per violation under § 8.80.605, and the City Attorney can pursue Superior Court civil penalties of $3,000 to $25,000 per violation per day under § 8.80.702, plus a misdemeanor charge under § 8.80.703 carrying a fine of at least $3,000 and up to six months in jail.

Compared to other cities, San Bernardino takes a harder line on erosion control. The enforcement and penalty structure reflects that.

Stormwater Management

San Bernardino bans dumping anything but rain into its storm drains under Municipal Code Chapter 8.80. Pet waste, wash water, pool backwash, and construction runoff are all prohibited discharges enforced by the City Engineer under an NPDES permit.

Key details: Governing chapter: Municipal Code Ch. 8.80. Enforcing official: City Engineer. Compliance/stop-work order fee: $1,000 per order. Max administrative penalty: $5,000/day per violation. Max court civil penalty: $25,000 per violation per day.

Each enforcement order (compliance, stop work, or cease and desist) under § 8.80.603 carries a $1,000 issuance fee. Administrative civil penalties under § 8.80.605 run up to $3,000 per day for ignoring a compliance order, up to $5,000 per day per violation for a prohibited discharge, and up to $10 per gallon for violating a stop work or cease-and-desist order; unpaid penalties become a property lien after 60 days. Superior Court civil penalties under § 8.80.702 range from $3,000 to $25,000 per violation per day, and willful or negligent violations are misdemeanors under § 8.80.703, punishable by a fine of at least $3,000 and up to six months in jail, with each day of continuing violation a separate offense.

This is not one of those rules that cities tend to ignore. San Bernardino actively enforces its stormwater management requirements.

Flood Zones

Any development inside a San Bernardino flood hazard area needs a floodplain development permit from the City Engineer, who serves as Floodplain Administrator, before work can begin. Flood hazard areas are the zones mapped on the federal Flood Insurance Rate Maps adopted into Chapter 8.79, and building without a permit is a misdemeanor.

Key details: Permit authority: City Engineer as Floodplain Administrator. Map basis: 1979 FIS and FEMA Flood Insurance Rate Maps. Permit lapse: 180 days unused or suspended. Violation penalty: Misdemeanor, Section 8.79.430. Appeal body: Council, Commission and DRC.

Developing in a flood hazard area without an issued permit, or in conflict with an issued permit, is a violation under Section 8.79.430; a structure lacking documentation of its lowest-floor elevation or other required design certification is presumed to be in violation until that documentation is submitted. Violating Chapter 8.79 is a misdemeanor, and the Floodplain Administrator may issue a stop-work order or notice of violation under Section 8.79.440; continuing work after a stop-work order under Section 8.79.450 draws penalties, fines and remediation fees the Public Works Department sets case by case.

This is one of the stricter rules in San Bernardino's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

San Bernardino is tougher than many cities when it comes to environmental rules. Out of the 4 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in San Bernardino, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that San Bernardino can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.