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Marin County, CA Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing section
§ 24.04.625, Erosion and sediment control
Rainy season grading ban
October 15 to April 15
ESCP size trigger
10,000+ sq. ft. on 15%+ slope
Watercourse buffer trigger
50-100 ft. depending on corridor
Enforcement
Agency-ordered stop-work by written notice

Summary

Marin County requires an approved erosion and sediment control plan for any project with a grading permit, or any building permit the County finds could cause significant erosion, under Section 24.04.625 of the County Code. Grading is barred outright between October 15 and April 15 without the Public Works Agency's prior approval.

City-specific rules exist: San Rafael has its own erosion control rules that differ from Marin County's county-level regulations. If you live in San Rafael, check the city-specific page instead.

(a)All disturbed surfaces, including, but not limited to, cut and fill slopes, building pads, driveways and areas cleared of vegetation, shall be protected against erosion and sediment discharges by measures that the agency determines to be appropriate to the site, phase of construction and time of year.(b)When required by the phase II stormwater permit or by the agency, a project shall have an erosion and sediment control plan (ESCP) which addresses erosion and sediment control, and pollution prevention during the construction phase, as well as final stabilization control measures... (d)Grading operations shall not be conducted during the rainy season (October 15 through April 15) without prior approval from the agency.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).

Full Breakdown

625(a) requires every disturbed surface, cut and fill slopes, building pads, driveways, and cleared areas, to be protected against erosion and sediment discharge using measures the Agency finds appropriate to the site, construction phase, and time of year. 08, for any building or other permit the Agency determines could cause significant erosion or non-stormwater discharges, for grading disturbing more than 10,000 square feet on a slope over 15 percent, and for grading within 50 feet of a watercourse in the city-centered corridor or 100 feet in the inland rural corridor.

The ESCP must describe the project, list site-specific best management practices such as detention basins, erosion control blankets, hydroseed, and construction entrances, and note any outside permits needed, including a Clean Water Act Section 404 permit or a Fish and Wildlife 1600 Streambed Alteration Agreement. Subsection (d) bars grading during the rainy season, October 15 through April 15, unless the Agency approves a phasing plan showing no substantial risk of increased sediment discharge; when rainy-season grading is allowed, the exposed area and the time it stays exposed must both be minimized.

Projects may also need coverage under the State Water Resources Control Board's general construction stormwater permit, and the Agency can require financial security, a letter of credit, cash deposit, or bond, to guarantee the temporary controls stay in place during and after construction.

Violations & Fines

Working contrary to Section 24.04.625 lets the Agency order the work stopped by written notice; work must stay stopped until the Agency authorizes it to resume. Implementation of an approved ESCP is a standing condition of any building permit, grading permit, or other Agency permit issued for a covered project, so a lapsed or ignored ESCP puts the whole permit at risk, in addition to any civil or criminal remedies otherwise available under the Marin County Code.

Frequently Asked Questions

When is an erosion and sediment control plan required?
Section 24.04.625(b) requires an ESCP for any project with a grading permit under Chapter 23.08, for any building or other permit the Agency finds could cause significant erosion or non-stormwater discharge, or where grading exceeds 10,000 square feet on a slope steeper than 15 percent.
Can I grade during the rainy season?
Only with prior Agency approval. Section 24.04.625(d) bars grading between October 15 and April 15 unless you show there's no substantial risk of increased sediment discharge, and even then a phasing plan is required to minimize the exposed area and how long it stays exposed.
What has to be in the ESCP?
It must describe the project and the soil-disturbing activity, list site-specific best management practices and the reasoning behind them, and identify outside permits like a Construction General Permit, a Clean Water Act Section 404 permit, or a streambed alteration agreement, per Section 24.04.625(e).
What happens if erosion controls aren't maintained?
The Agency can order work stopped by written notice under Section 24.04.625(j) until it authorizes resumption, and because an approved ESCP is a standing permit condition, non-compliance puts the building or grading permit itself at risk.

Sources & Official References

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