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Decatur, AL Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit trigger
Ground disturbance of one acre or more
State permit
ADEM general permit, copy to city engineering before work
Required plan
Construction best management practices plan (CBMPP)
Penalty
Stop-work order and/or fine up to $500.00 per day
Site plan copies
Twenty-five, submitted 21 days before the commission meeting

Summary

In the City of Decatur, Alabama, construction disturbing one acre or more needs an ADEM general stormwater permit, a copy filed with city engineering before work starts, and a construction best management practices plan. A nonconforming site faces a stop-work order and a fine of up to $500.00 per day.

(6)Erosion and sediment control - Minimum requirements. Construction which disturbs one (1) acre or more of ground surface within the city limits of Decatur will require a general permit for stormwater runoff control. This permit will be obtained from ADEM (Alabama Department of Environmental Management) by the owner/developer of the property. A copy of the approved permit will be submitted to the city engineering department prior to beginning site construction, grading or clearing activity. The owner/developer, along with his construction plans, will be responsible for preparing a construction best management practices plan (CBMPP) using good engineering practices that will result in specific strategies to protect water quality. ... The CBMPP ... will describe in detail the use of silt fences, hay bales, rip rap, siltation basins or other means to be used for erosion control. ... Any owner/developer of a site one (1) acre or larger which does not conform to these regulations is subject to a stop-work order and/or a fine of not more than five hundred dollars ($500.00) per day.

Full Breakdown

Erosion and sediment control in Decatur sits in the site plan chapter, § 25-163(6). Under § 25-161, any development other than single-family residential built along streets designated collector or above by the long range plan needs site plan approval from the city planning commission before a building permit issues. Under § 25-162, twenty-five copies go to the planning department twenty-one days before the commission meeting, and § 25-163 requires the plan to be prepared and sealed by an Alabama-licensed professional engineer.

The erosion rule itself: construction which disturbs one acre or more of ground surface within the city limits requires a general permit for stormwater runoff control, obtained from ADEM by the owner or developer. A copy of the approved permit goes to the city engineering department before site construction, grading or clearing begins. The owner or developer must also prepare a construction best management practices plan (CBMPP) that follows the Alabama Handbook for Erosion Control, Sediment Control and Storm Water Management on Construction Sites and Urban Areas. The CBMPP describes in detail the silt fences, hay bales, rip rap, siltation basins or other means used for erosion control.

Construction plans must carry a project note requiring contractors to provide erosion control, to prevent fuel or hazardous chemical spills, and to avoid overuse of pesticides, fertilizer or herbicides. Asphalt, petroleum products, sealants and concrete cannot be left on site in contact with stormwater runoff. The public can send comments on a proposed BMP, or report a failing one, to the city engineering department.

The same section ties in drainage. Detention is not required for new sites under one acre or for redevelopment adding less than 2,500 square feet of impervious area. Sites from one to twenty-five acres need detention for a 10-year storm, with calculations for the 25- and 100-year events, and larger sites need a 25-year storm design.

The stormwater chapter reinforces this. Section 19.5-9 requires anyone holding a construction NPDES permit to comply with it and allows the city engineer to demand proof of compliance, and § 19.5-10 gives the city engineer inspection and sampling access to construction sites.

Violations & Fines

Any owner or developer of a site one acre or larger that does not conform to these regulations is subject to a stop-work order and a fine of not more than $500.00 per day. Separately, § 19.5-14 lets the city engineer issue a notice of violation with a remediation deadline, § 19.5-17 bills abatement costs with a possible lien, and § 19.5-21 allows criminal prosecution.

Frequently Asked Questions

When does a Decatur construction site need an erosion control permit?
Under § 25-163(6), construction that disturbs one acre or more of ground surface within the city limits requires a general permit for stormwater runoff control from ADEM. The owner or developer gets it and submits a copy to the city engineering department before any construction, grading or clearing begins.
What is a CBMPP in Decatur?
It is the construction best management practices plan the owner or developer must prepare with the construction plans. It uses the Alabama Handbook design principles and describes in detail the silt fences, hay bales, rip rap, siltation basins or other means to be used for erosion control.
What is the penalty for skipping erosion controls in Decatur?
Section 25-163 subjects a nonconforming site of one acre or larger to a stop-work order and/or a fine of not more than five hundred dollars per day. The stormwater chapter adds notices of violation, abatement at the violator's cost and possible criminal prosecution.
Does a single-family house need the site plan review?
Section 25-161 exempts single-family residential development from site plan approval. The site plan rule applies to other development along streets designated collector or above. Any site disturbing one acre or more still falls under the NPDES construction permit rules referenced in § 19.5-9.

Sources & Official References

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