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Clearwater, FL Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing section
City Code Sec. 28.95(14)-(17)
Stockpile deadline
Erosion protection required after 24 hours
Storm inlet rule
Protected from siltation at all times
Wetland/surface water rule
Silt fences mandatory
Post-construction rule
Disturbed areas stabilized with sod or mulch
Applies to
Utility work in city rights-of-way
Penalty
Up to $500 civil fine per day, Sec. 1.12

Summary

Any utility digging in Clearwater's rights-of-way must follow the erosion and sediment controls in City Code Sec. 28.95. Storm sewer inlets must stay protected from siltation at all times, disturbed ground has to be stabilized with sod, grass or mulch once work ends, soil stockpiles left more than 24 hours need wind and water erosion protection, and work near surface waters or wetlands requires silt fences.

(14)Storm sewer inlets shall be protected from siltation at all times.(15)Following construction all disturbed areas must be stabilized with sod, grass, mulch or other means approved by city staff.(16)Soil stockpiles to remain for more than 24 hours must be protected by measures which prevent wind or water erosion.(17)When work is adjacent to surface water bodies or wetlands silt fences must be provided.

Source: Clearwater Code of OrdinancesView official code

Full Breakdown

Chapter 28, Article IV of the Clearwater Code of Ordinances governs utility construction in the city's rights-of-way, and Sec. 95 sets the erosion and sediment control specifications every utility and its contractors must follow while trenching, boring or otherwise disturbing the ground. Subsection (14) requires storm sewer inlets to be protected from siltation at all times during construction, not just at the end of a job. Subsection (15) requires that following construction, all disturbed areas must be stabilized with sod, grass, mulch or other means approved by city staff, closing the window between excavation and permanent restoration.

Subsection (16) targets stockpiled soil specifically: any stockpile left on site for more than 24 hours must be protected by measures that prevent both wind and water erosion, so a contractor cannot leave exposed dirt piles over a weekend without covering or containment. Subsection (17) adds a stricter rule near environmentally sensitive ground: when work is adjacent to surface water bodies or wetlands, silt fences must be provided, not merely recommended. These specifications apply whether the utility is working under an annual general permit under Sec.

93(1) or a project-specific rights-of-way construction permit under Sec. 93(2); both permit types require the applicant to submit an erosion control plan as part of the application, and a public works inspector may be present during construction under Sec. 95(11) to confirm compliance. The rules sit within Article IV, adopted by Ordinance No. 6637-00 to govern private utility work in public rights-of-way, so they apply to the telecommunications, cable and electric utilities that dig up Clearwater streets and easements, not to private development sites governed separately by the Community Development Code.

Violations & Fines

A utility that fails to meet these erosion control specifications is in breach of its rights-of-way permit conditions. Under Sec. 28.93(2)(g), the city can revoke a permit if a utility fails to proceed as approved, and general Code enforcement under Sec. 1.12 makes any Code violation a civil infraction punishable by a fine of up to $500, with each day of continued noncompliance treated as a separate offense.

Frequently Asked Questions

Does Clearwater require erosion control during utility construction?
Yes. City Code Sec. 28.95 requires any utility digging in the rights-of-way to protect storm sewer inlets from siltation at all times, stabilize disturbed ground with sod, grass or mulch after construction, and provide silt fences whenever work happens next to surface waters or wetlands.
How long can a contractor leave a soil stockpile uncovered in Clearwater?
Under Sec. 28.95(16), a soil stockpile can stay in place without erosion protection for only 24 hours. After that, it must be protected by measures that prevent both wind and water erosion, such as covering or containment.
Do these erosion rules apply to private construction sites too?
No, Sec. 28.95 sits in Article IV, which governs utility construction within city rights-of-way, not private development. Private site work is regulated separately under Clearwater's Community Development Code, which is published apart from this chapter.

Sources & Official References

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