Auburn, AL Environmental Rules: Erosion Control (2026)

Article III of Chapter 7 governs erosion and sedimentation control on construction sites citywide. Section 7-73(a) requires anyone disturbing an area of one acre or more, whether by grading, clearing, excavation or filling, to apply for coverage under a National Pollutant Discharge Elimination System (NPDES) stormwater permit before construction, land-disturbing activity or local approvals proceed. Sites disturbing less than one acre are automatically classed 'permit by rule' under § 7-73(b): they skip the formal NPDES application and construction best management practices (CBMP) plan review, but must still implement and maintain BMPs and remain subject to the article's other requirements.

To back up compliance, § 7-73(c) lets the authority require a bond, cash, or irrevocable letter of credit of up to $3,000 per acre of disturbed land, which the city can call and use to bring a noncompliant site into compliance. A short list of activities is excluded outright, including emergency work, agriculture, silviculture, and minor home landscaping or repairs, though those exempt parties must still control sediment and runoff. Section 7-76 sets the technical design standards: clearing cannot begin until sediment control devices are installed and stabilized, phasing is mandatory on any site disturbing more than 10 acres, and any cleared area left exposed for 13 days or more without active construction must be seeded and mulched within 5 days of being disturbed. Building floor elevations on these sites must sit at least one foot above the 100-year flood elevation, mirroring the floodplain rule at § 7-42.