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Clay County, FL Environmental Rules: Erosion Control (2026)

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

Key Facts

Applies to
All excavations, unincorporated area
Standard
FDEP Inspector's Manual or better
Penalty
$50 per day per occurrence
Enforcing agency
Dept. of Environmental Services
Appeal window
10 days from notice

Summary

Every excavation in unincorporated Clay County must use erosion and sedimentation control best management practices at least as protective as the state's inspector manual. The county's environmental services department enforces the standard under its illicit discharge ordinance, with fines reaching $50 per day for noncompliance.

These county ordinances apply to unincorporated areas of Clay County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Erosion and sedimentation control BMPs shall be implemented at all excavations within unincorporated Clay County. The selected erosion and sedimentation control BMPs shall provide equal or better protection than those found in the current edition of "The Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual," compiled by the Florida Department of Environmental Protection.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 86).

Full Breakdown

Section 19-456 requires erosion and sedimentation control best management practices (BMPs) at all excavations within unincorporated Clay County, and sets the compliance bar at whatever protection level the current edition of the Florida Department of Environmental Protection's 'Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual' calls for or better. The section is codified inside the county's Illicit Discharge and Connection article, which exists to keep pollutants such as sediment out of the county's MS4 and surface waters. Because Section 19-456 cross-references the department's inspector manual rather than printing dimensional numbers itself, a builder or excavation contractor satisfies the rule by installing BMPs, such as silt fencing, inlet protection, sediment basins or stabilized construction entrances, that meet or exceed what that manual specifies for the site's soil and drainage conditions.

Enforcement follows the same track as the rest of the illicit discharge article: the Department of Environmental Services can issue a written notice of violation under Section 19-458 ordering the responsible party to correct or discontinue the deficient BMPs, with ten days to appeal to the Clay County Board of County Commissioners or its designee. If the erosion controls are not corrected, the county may enter the site to install adequate BMPs itself and bill the owner or contractor for the investigative and abatement costs under Section 19-457, and unpaid costs become a special assessment lien on the property.

Violations & Fines

Clay County's Section 19-459 penalty schedule sets a $50 per day, per occurrence fine specifically for failing to comply with the Section 19-456 erosion and sedimentation control measures, the lowest per-day rate on the schedule but one that accrues daily until the BMPs are corrected. A violator also owes the county's investigative costs under Section 19-457 and can face an injunction under Section 19-458(5) if the failure continues after a notice of violation.

Frequently Asked Questions

What erosion control standard applies to a Clay County construction site?
Section 19-456 requires BMPs that provide equal or better protection than the current edition of the Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual published by the Florida Department of Environmental Protection, rather than listing specific numeric standards in the county code itself.
Does this erosion rule apply inside cities like Orange Park?
No. Section 19-456 is written to apply at all excavations within unincorporated Clay County, so it governs Middleburg, Fleming Island, Oakleaf and other unincorporated communities, not the incorporated municipalities inside the county, which regulate erosion control under their own codes.
What happens if a contractor doesn't install adequate silt fencing or sediment controls?
The county can issue a notice of violation, and unresolved failures draw a $50-per-day fine under the Section 19-459 penalty schedule plus the county's investigative costs. If the contractor still doesn't comply, the county can enter the site to install BMPs itself and bill the owner, or seek an injunction.

Sources & Official References

Other rules in Clay County

All Clay County rules

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