Dayton, OH Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger size
- 1 acre or more disturbed
- Required plan
- SWP3 approved by Director or Ohio EPA
- Also required
- NPDES Construction Activity General Permit
- Subdivisions
- Stormwater program before plan approval
- Administering office
- Dept. of Water Director
Summary
Dayton requires anyone disturbing one acre or more of earth to get a stormwater pollution prevention plan approved by the Water Director or Ohio EPA before grading, excavating, or filling.
No person may engage in earth-disturbing activity without complying with the provisions of this chapter, the "City of Dayton, Ohio, Construction and Materials Specifications," the rules and standards published by the Director, and the Ohio EPA's NPDES Construction Activity General Permit. No person may engage in earth-disturbing activity of one acre or more without a SWP3 approved by the Director or the Ohio Environmental Protection Agency.
(B)No person required to have an approved SWP3 shall conduct earth-disturbing activity in a manner inconsistent with the approved plan. No person shall conduct earth-disturbing activity on any portion of a property required to have an approved SWP3 in a manner inconsistent with the approved plan. (Ord. 30811-08, § 1, 11-26-08)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 35).
Full Breakdown
Chapter 54, Stormwater Management, defines earth-disturbing activity as demolition, grading, excavating, filling, or other alteration of the earth's surface that can cause erosion. Section 54.05(A) requires anyone conducting earth-disturbing activity to follow the city's Construction and Materials Specifications and the Ohio EPA's NPDES Construction Activity General Permit, and bars disturbing one acre or more without a Stormwater Pollution Prevention Plan (SWP3) approved by the Director of Water or Ohio EPA. Section 54.06 separately requires subdivision and site-development applicants of one acre or more to submit a stormwater management program to the Director before plan approval.
Violations & Fines
Conducting earth-disturbing activity of an acre or more without an approved SWP3, or working inconsistently with an approved plan, violates § 54.05(B).
Frequently Asked Questions
Do I need a permit to grade less than an acre in Dayton?
Who approves the stormwater plan?
Sources & Official References
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