Birmingham, AL Environmental Rules: Erosion Control (2026)

Chapter 7 of Title 4, the "Soil Erosion and Sediment Control Code of the City of Birmingham," makes it unlawful under § 4-7-11 "to commence or continue to conduct or for the owner to allow the commencement or conduct of any land-disturbing activity that is not exempted from obtaining a permit under this article without first having obtained a soil erosion and sediment control permit from the city engineer." A separate permit is required for each site, and getting one doesn't excuse the owner from any other required state or local permits.

Section 4-7-12 exempts agriculture, silviculture, home gardening and landscaping on an existing residential lot (unless done by a developer or builder), minor utility and sewer hookups for one- or two-family homes, minor driveway or sidewalk grading, and digging of individual burial sites or water wells, though those exempt activities still must control sedimentation and runoff. Fees under § 4-7-14 run from $100.00 for a single-family or duplex project valued under $150,000.00 up to $350.00 for projects over $300,000.00, while non-residential and multi-family work is billed at $9.50 per $1,000.00 of valuation with a $400.00 minimum, plus a bond of $3,000.00 per acre (doubled in a floodplain or landslide area). The city engineer must accept or reject a complete application within 14 days under § 4-7-13. Enforcement runs through the authority created by Act No. 95-755, the Storm Water Management Authority, which the city engineer can call on to inspect, monitor and test for pollutant loading to the storm sewer system under § 4-7-3.