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Aliso Viejo, CA Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Rainy season
October 1st to April 30th
Grading cutoff in season
Over 200 cubic yards needs an approved or waived system
Annual plan deadline
September 15th for projects under grading permit
Single-lot waiver
System in place before October 15th
Criminal penalty
Fine up to $500.00, up to six months, or both
Civil penalty
Up to $250.00 per day
Administered by
Aliso Viejo building official

Summary

In the City of Aliso Viejo, California, grading sites must be protected against erosion under Municipal Code § 13.08.330. From October 1st to April 30th, no grading above 200 cubic yards can proceed on a single permitted site unless the building official has approved or waived an erosion control system. Violations are misdemeanors under § 13.08.110.

B. Where necessary, temporary and/or permanent erosion control devices such as desilting basins, check dams, riprap or other devices or methods, as approved by the building official, shall be employed to control erosion and provide safety during the rainy season from October 1st to April 30th. C. No grading work in excess of 200 cubic yards will be allowed between October 1st and April 30th on any single grading site under permit unless an erosion control system has been approved or waived by the building official. ... K. Erosion protection shall consist of effective planting of all slopes in excess of five feet high unless otherwise approved by the building official. Slopes exceeding 15 feet high may require an adequate irrigation system, as determined by the building official. ... M. All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds 40 percent.

Full Breakdown

The City of Aliso Viejo, in Orange County, California, regulates construction erosion in Article XIII of its Grading and Excavation Code, Chapter 13.08, and the building official administers it. The rainy season runs from October 1st to April 30th. During that window, temporary or permanent devices such as desilting basins, check dams and riprap must be used where necessary, and no grading above 200 cubic yards on a single permitted site is allowed unless an erosion control system has been approved or waived.

Several operating rules sit beside the seasonal cutoff. Paved streets and sidewalks must be kept free of loose soil, construction debris and trash, with street sweeping or an equally effective method used on a regular basis. Watering is not allowed for street cleaning except for fine material, unless the water is vacuumed up. Unless the building official approves otherwise, the owner must retain a civil engineer to design all erosion and sediment control improvements and to give initial approval of installation during each rainy season until final approval of the grading permit. Desilting facilities are required at drainage outlets, and compacted earth basins must reach a relative compaction of 90 percent of maximum density, backed by a soil engineering report. Slopes more than five feet high need effective planting, and slopes over 15 feet high can require irrigation. Removable protective devices must be in place at the end of each working day when the five-day rain probability forecast exceeds 40 percent.

Paperwork follows a calendar. Under § 13.08.340, erosion control plans for projects under grading permit go to the building official for approval by September 15th each year. For a single residential lot, the plan can be waived if an approved system is in place before October 15th. Under § 13.08.350, silt and debris must be removed from devices after each rainstorm. If the contractor, permittee or owner fails to maintain them, the building official can order emergency work at the owner's cost, revoke the grading permit in writing, and hold renewal until a system is installed and a fee of one-half the amount of the original grading permit is paid. Section 13.08.330(P) also makes a violation of a federal or state stormwater permit, or of AVMC 7.35.010 et seq., a violation of the chapter. Under § 13.08.430, all erosion control measures must be complete before final approval of the grading permit.

Violations & Fines

Under § 13.08.110, anyone who grades in violation of Chapter 13.08 is guilty of a misdemeanor, and each day is a separate offense. Conviction carries a fine of not more than $500.00, imprisonment for not more than six months, or both. A violation is also a public nuisance, with a civil penalty of up to $250.00 per day and $500.00 for violating an abatement or stop order. The city can withhold building permit inspections and occupancy certificates and record a notice of violation against the property.

Frequently Asked Questions

When does the erosion control season start in the City of Aliso Viejo?
The code defines the rainy season as October 1st to April 30th. In that period, no grading above 200 cubic yards is allowed on a single site under permit unless the building official has approved or waived an erosion control system. Plans for projects under grading permit are due for approval by September 15th each year.
Who designs the erosion controls on an Aliso Viejo grading project?
Unless the building official approves otherwise, the owner must retain a civil engineer. That engineer designs all erosion and sediment control improvements, gives initial approval of permanent and semi-permanent devices each rainy season until final approval of the grading permit, and reviews field conditions. Installation and maintenance remain the owner's responsibility.
What happens if erosion devices are not maintained after a storm?
Silt and debris must be removed after each rainstorm and the system evaluated and repaired. If the contractor, permittee or owner fails to maintain the devices, the building official can do emergency work and charge the owner, revoke the grading permit, and require one-half of the original grading permit fee before renewal.
Can a single residential lot skip the annual erosion control plan?
Section 13.08.340 lets the plan be waived for grading on single residential lot projects, but only if an erosion control system meeting the building official's approval has been installed, placed, planted or constructed before October 15th. Larger projects under grading permit must still submit plans by September 15th.

Sources & Official References

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