Benton County, OR Environmental Rules: Erosion Control (2026)
Key Facts
- Governing chapter
- BCC Chapter 36, Illicit (Non-Stormwater) Discharges
- Permit referenced
- Benton County Erosion and Sediment Control Permit
- Lead departments
- Community Development, Public Works, Environmental Health
- Spill reporting deadline
- Notify county within 4 hours, confirm in writing in 3 days
- Violation fee
- Up to $1,000 per day (§ 36.315(1))
Summary
Construction that disturbs soil in unincorporated Benton County falls under the county's illicit-discharge ordinance: BCC § 36.215 requires anyone covered by an NPDES stormwater permit or the county's own Erosion and Sediment Control Permit to comply with all its terms before the site can discharge to the stormwater system, and Public Works or Community Development can demand proof.
(4)"Construction Activity" means activities subject to the Oregon Phase II Municipal Stormwater Program or NPDES General Construction Permits or Benton County Erosion and Sediment Control Permit requirements. ... Any person subject to any NPDES stormwater discharge permit or Benton County Erosion and Sediment Control Permit shall comply with all provisions of such permit. Proof of compliance with said activities permit may be required in a form acceptable to Oregon Department of Environmental Quality, prior to allowing discharges to the stormwater conveyance system. Benton County Public Works and Community Development may require proof of compliance with applicable construction activity.
Full Breakdown
BCC Chapter 36 regulates non-stormwater discharges to Benton County's stormwater conveyance systems to comply with the federal Clean Water Act and the county's NPDES Stormwater Discharge Permit from the Oregon DEQ. 100(4) defines 'Construction Activity' as activity subject to the Oregon Phase II Municipal Stormwater Program, an NPDES General Construction Permit, or the county's own Benton County Erosion and Sediment Control Permit. 215 then requires anyone subject to any of those permits to comply with all of that permit's provisions, and lets Public Works or Community Development demand proof of compliance in a form DEQ accepts before allowing a discharge to the stormwater system.
205(3), including public agency activities that meet or beat state or federal erosion and sediment control standards, and DEQ-permitted road maintenance work. 300. 310, and keep an on-site record of the incident for at least 3 years.
Violations & Fines
Violating Chapter 36, including discharging sediment or other pollutants from a construction site without complying with an applicable Erosion and Sediment Control Permit, is enforceable under BCC Chapter 31's escalating process and can also draw a fee of $1,000 per day under § 36.315(1), with each 24-hour period treated as a separate violation. If an illicit discharge takes more than 15 working days to eliminate, the county must begin elimination procedures within 20 working days of identifying the source under § 36.315(2), and failing to report an accidental discharge or spill is itself a separate violation under § 36.310(2).
Frequently Asked Questions
Do I need an erosion control permit to build in unincorporated Benton County?
What if sediment runs off my construction site into a ditch or stream?
How fast do I have to report an accidental spill from my site?
Sources & Official References
Other rules in Benton County
Compare Benton County to another location·View the Oregon environmental rules overview
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