Brevard County, FL Environmental Rules: Erosion Control (2026)
Key Facts
- Controls installed
- Before any land disturbance
- Stabilization deadline
- Seven days after final grade
- Sediment basin trigger
- Three acres of runoff
- Ground cover
- 14 days after last construction
- Temporary controls removed
- Within 30 days of stabilization
Summary
Brevard County requires sediment barriers to be built before any land disturbance, soil stabilization within seven days of final grade, and a sediment basin where runoff comes from three acres or more.
The National Pollutant Discharge Elimination System (NPDES) Stormwater Program regulates point source discharges from three potential sources: Construction Activities Industrial Activities Municipal Separate Storm Sewer Systems (MS4) Stormwater runoff is generated from rain events that flow over land or impervious surfaces, such as paved streets, parking lots and building rooftops, and does not soak into the ground. The runoff picks up pollutants like trash, chemicals, and sediment that can harm our rivers, lakes and estuaries. To protect these resources, municipalities and operators of construction and industrial activities, can use stormwater controls, to prevent pollution by controlling it at its source. Operators of these sources are required to obtain NPDES coverage before they can discharge stormwater if stormwater from the activity has the potential to enter a surface water of the state or an MS4. Most sites have the potential to discharge stormwater. Even sites with stormwater treatment may discharge stormwater offsite. Many stormwater systems are designed to retain a specific quantity of stormwater based on rain events and local conditions, and to discharge any stormwater received over the design capacity. If the system discharges or overflows offsite, that is considered a discharge to an MS4 or water of the state. The NPDES Stormwater Program in Tallahassee is responsible for the development, administration and compliance of rules and policy to minimize and prevent pollutants in stormwater discharges.
Full Breakdown
The stormwater management criteria in Exhibit A to chapter 62, article XIII, division 6 set the county erosion standards. Sediment basins, traps, perimeter dikes and sediment barriers must be built as the first step in any land-disturbing activity and be functional before upslope disturbance begins. Permanent or temporary stabilization goes on denuded areas within seven days after final grade, and on areas that will sit undisturbed longer than 30 days. Runoff from three or more acres needs a sediment basin. Section 62-4338 separately requires erosion-retarding ground cover within seven days of final grade, or 14 days after the last construction activity.
Violations & Fines
Erosion violations are handled as code enforcement; the special magistrate may impose up to $1,000 per day for a first violation and $5,000 per day for a repeat under section 2-176.
Frequently Asked Questions
What are typical penalties for violating erosion control rules?
Sources & Official References
Other rules in Brevard County
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