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Bend, OR Environmental Rules: Erosion Control (2026)

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

Key Facts

Trigger threshold
5,000+ sq ft of land disturbance
Also may need
DEQ NPDES 1200-C permit at 1+ acre
Large projects
full ESCP reviewed with grading permit
Small projects (1-4 units)
pre-approved ESCP template
Under 5,000 sq ft
governed by Illicit Discharge Controls, BC 16.20
Penalty
Class A civil infraction, BC 16.05.050

Summary

In the City of Bend, any construction or land-disturbing activity of 5,000 square feet or more must follow an approved erosion and sediment control plan under Bend Code § 16.35.020, and projects disturbing one acre or more may also need an Oregon DEQ NPDES 1200-C permit.

All construction activity and land-disturbing activity involving land disturbance of 5,000 square feet or more is subject to this chapter. For such activities that disturb one or more acres (or that disturb less than one acre, if part of a "common plan of development or sale" disturbing one or more acres), a NPDES 1200C permit from the Oregon Department of Environmental Quality (DEQ) may also be required. A. ... For projects or activities that are subject to a grading permit, an erosion and sediment control plan (ESCP) must be submitted for review with the permit application as required by the City (BC 16.10.020). ... B. ... Erosion control measures as shown on the approved ESCP must be in place prior to any construction activity and/or land-disturbing activity and must be maintained and/or updated for the duration of the project in order to prevent erosion, sedimentation, and pollutants from leaving the site. ... A. ... A signed erosion and sediment control plan template must be submitted by the project applicant for small projects such as building permits involving one- to four-unit housing developments not covered under BC 16.35.030, Large Project Erosion Control.

Full Breakdown

35, adopted to satisfy the City's federal MS4 stormwater permit, splits erosion control into two tracks. 020), and the approved measures must be installed before any construction or land-disturbing activity starts and kept in place and updated for the life of the project. 040). 35. 050). 060 requires the permittee to remove and properly dispose of them, closing out the project's erosion control obligations.

Violations & Fines

Failing to install, maintain or update approved erosion and sediment control measures, letting sediment or pollutants leave the site, or skipping a required City inspection violates BC Chapter 16.35 and Title 16's enforcement provisions (BC 16.05.050), which treat a violation as a Class A civil infraction with each day it continues charged separately; the City may also withhold permit inspections and approvals or issue a stop-work order until the site is brought into compliance.

Frequently Asked Questions

When does a Bend construction project need an erosion control plan?
Once it disturbs 5,000 square feet of land or more, per BC 16.35.020. Projects disturbing one acre or more, or smaller projects that are part of a larger common plan reaching one acre, may also need a separate NPDES 1200-C permit from Oregon DEQ.
What if my Bend project is smaller than 5,000 square feet?
It falls under BC Chapter 16.20's Illicit Discharge Controls instead of Chapter 16.35's erosion and sediment control plan requirements, per BC 16.35.020(A).
Is there a simpler erosion control process for small Bend housing projects?
Yes. One- to four-unit housing building permits use a signed, pre-approved ESCP template submitted with the permit application, rather than the full plan required for large projects, under BC 16.35.040.
Does the City of Bend inspect erosion control during construction?
Yes, every project subject to the chapter is subject to City inspection, with follow-up inspections to verify a violation was corrected, and inspections can also be triggered any time by a complaint, per BC 16.35.050.

Sources & Official References

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