Albany, OR Environmental Rules: Erosion Control (2026)

Chapter 12.40 of the Albany Municipal Code requires an EPSC permit under § 12.40.030 for land-disturbing activities affecting an area of 2,000 square feet or greater, cumulatively. Section 12.40.031 lists exemptions: activities affecting an area less than 2,000 square feet, cumulatively, replacement or re-establishment of an existing lawn on a single lot not exceeding 10,000 square feet, and agricultural activities. Exempt activities must still meet every requirement of Title 12 and are subject to Chapter 12.80.

The property owner applies to the City of Albany Public Works Department. Under § 12.40.032 the application identifies and describes the work, describes the land by legal description or street address, comes with an EPSC plan, identifies the person or entity doing the work, gives a 24-hour emergency contact person and phone number, is signed by the property owner, states financial responsibility for damages from noncompliance, and comes with fees adopted by City Council resolution under § 12.40.090. Section 12.40.040 requires the plan to meet the City of Albany Erosion Prevention and Sediment Control Manual. Major land-disturbing activities, as the manual defines them, need a plan prepared by a professional licensed in Oregon as a civil or environmental engineer, landscape architect or geologist, or a certified professional in erosion and sediment control (CPESC). Minor activities do not require a professional.

Digging cannot start early. Section 12.40.050 bars land-disturbing activities until the permit is issued, and the permit is not issued until the application and plan are submitted, the Director has given the plan initial approval, the erosion BMPs are installed under the plan, the Director has verified them in a site inspection, and the permit holder has made any changes the Director required after that inspection. Under § 12.40.034 a permit is valid for one year, or until the work is complete and surfaces are stabilized with permanent measures as verified by the Director, whichever is shorter, and up to a 12-month extension can be granted. Under § 12.40.033 a permit transfers only upon transfer of title. Eroded sediment leaving a site is also a prohibited discharge under § 12.10.010(1)(k).