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Burleson, TX Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing section
Burleson Code § 82-168 (construction site requirements)
Inspection schedule
Every seven calendar days and within 24 hours after a storm of 0.5 inches or greater
Site rating goal
At least 0.70 for sites over one acre (§ 82-167)
Plan submittal
At least 15 calendar days before construction starts
Engineer seal exception
Clearing or landfilling under 12,000 square feet with no building planned
Five-acre threshold
SWPPP and notice of intent under § 82-170

Summary

In the City of Burleson, Texas, every construction site operator must use best management practices to keep sediment and soil out of the MS4 to the maximum extent practicable. Disturbed areas must be inspected at least once every seven calendar days and within 24 hours after a storm of 0.5 inches or greater (Code § 82-168). Sites over one acre carry a goal of a 0.70 site rating under § 82-167.

(a) Best management practices enumerated.All operators of construction sites shall use best management practices to control and reduce the discharge to the MS4 and to waters of the United States of sediment, silt, earth, soil, and other material associated with clearing, grading, excavation, landfilling, and other construction activities to the maximum extent practicable. Any best management practices capable of installation and/or implementation prior to commencement of construction (for example, structural measures) shall be installed and/or implemented prior to commencement of construction at the site or in compliance with a schedule for installation and/or implementation in an applicable SWPPP. ... (b) Inspection.Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of any construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once every seven calendar days and within 24 hours of the end of a storm that is 0.5 inches or greater.

Full Breakdown

Section 82-167 sets the City of Burleson's goal for sites over one acre disturbed by construction: a minimum site rating of 0.70 under the rating system in section 3 of the "Stormwater Quality Best Management Practices for Construction Activities - North Central Texas, Second Edition," published by the North Central Texas Council of Governments in June 1999.

Section 82-168(a) requires operators to install structural best management practices before construction begins, or on a schedule in the applicable SWPPP. Listed measures include preserving existing vegetation where feasible, stabilizing disturbed portions of the site once work has ceased there, diverting flows from exposed soils, minimizing sediment tracked off-site by vehicles, keeping cement, lime, concrete, asphalt, and mortar out of the MS4, containing spills of paints, solvents, and fuels, and keeping covered receptacles for rubbish. Under § 82-168(c), an owner is jointly and individually responsible for compliance whether or not the owner is the operator, and a contractor is responsible for any willful or negligent failure to implement a control measure assigned by contract.

Section 82-169 requires most operators to give the director an identifying notice plus plans and specifications at least 15 calendar days before work starts. The plans must be signed and sealed by a licensed professional engineer, except for land clearing or landfilling that disturbs less than 12,000 square feet with no building planned. Any change to the practices must be reported in writing within seven calendar days (§ 82-169(e)). Exemptions in § 82-169(f) include city public works projects, fence construction, interior alterations, and single-family, duplex, or four-plex work that disturbs no more than 12,000 square feet. Sites disturbing five or more acres follow § 82-170 instead: a notice of intent to the city engineer at least 15 calendar days ahead, and a SWPPP sealed by a licensed professional engineer. The city can deny building permits, grading permits, or occupancy when the practices fall short (§ 82-169(d)).

Violations & Fines

The director can issue a compliance order (§ 82-178), an emergency cease and desist order (§ 82-180), or a stop work order (§ 82-181) that is posted at the construction site and halts further construction unless the director writes an exception. An affected person has 15 calendar days to petition for reconsideration (§ 82-182). Criminal fines follow § 1-14 under § 82-185, and civil penalties reach $1,000 per day, or $5,000 per day for an MS4 pollutant discharge (§ 82-184).

Frequently Asked Questions

How often must a Burleson construction site be inspected for erosion control?
Section 82-168(b) requires qualified personnel provided by the site operator to inspect unstabilized disturbed areas, exposed material storage, structural controls, and vehicle entrances and exits at least once every seven calendar days and within 24 hours of the end of a storm of 0.5 inches or greater. Practices must be modified as soon as practicable based on the results.
Who is responsible if a subcontractor lets sediment leave a Burleson site?
Under § 82-168(c), the site owner is jointly and individually responsible for compliance whether or not the owner is the operator. A contractor or subcontractor who is not an owner or operator is jointly and individually responsible for any willful or negligent failure to implement a best management practice that the contract assigns to it.
Does a single-family home build in Burleson need an erosion control plan?
Section 82-169(f)(3) exempts construction of a single-family, duplex, or four-plex structure, or an accessory use, when it is not part of a larger plan of development of five acres or more, one primary structure is built per legal block, and the work disturbs no more than 12,000 square feet. The § 82-168 best management practice duties still apply to operators.
What triggers the SWPPP requirement in Burleson?
Section 82-170 applies to sites disturbing five or more acres, sites within a common plan of development or sale disturbing five or more acres, and operators who need an NPDES stormwater permit. The SWPPP must be signed and sealed by a licensed professional engineer and submitted to the director at least 15 calendar days before construction begins.

Sources & Official References

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