Lane County, OR Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger (general)
- 1/4 acre disturbed or 400 cu. yd. of soil moved
- Lower trigger
- 5,000 sq. ft. / 200 cu. yd. on steep or erodible land
- Slope trigger
- 15% or greater slope
- Administering agency
- Lane County Public Works Director
- Violation class
- Class A violation, ORS Ch. 153
- Applies within
- County MS4 Area and Mercury TMDL Area only
Summary
Unincorporated Lane County requires an erosion prevention permit for land-disturbing construction within the county's MS4 stormwater area once a project crosses set thresholds, and a self-certification declaration for smaller ones. The Public Works Director administers the program under LC 9.090, and violations are a Class A offense under ORS Chapter 153.
Within the MS4 Area, except as otherwise provided by this Code, an erosion prevention permit is required for any land-disturbing activity on property that: a. Requires a Department of Environmental Quality (DEQ) 1200-C Construction Stormwater General Permit or a DEQ 1200-CA Stormwater General Discharge Permit and such permit has been obtained; or b. Disturbs one-quarter (1/4) acre or more of land or involves the movement of four hundred (400) cubic yards of soil or more; or c. Disturbs five thousand (5000) square feet or more of land or involves the movement of two hundred (200) cubic yards or more of soil and: (1) Either involves commercial, industrial, or multi-family residential development or is located on a property that is zoned for commercial, industrial, or multi-family activities; or (2) Is conducted on land with one (1) or more of the following: (i) Contains highly erodible soils, or (ii) Slopes of fifteen percent (15%) or greater.
Full Breakdown
Lane Code Chapter 9.090 governs erosion and sediment control on new development, redevelopment, land-disturbing activity, and drainage projects within the County-administered Municipal Separate Storm Sewer System (MS4) Area and the Willamette Basin Mercury TMDL Area (LC 9.090.015A). Within Eugene's and Springfield's urban growth boundaries, each city's own erosion regulations apply instead (LC 9.090.015D-E), so this permit is a rural-unincorporated-area program.
An erosion prevention permit is required in the MS4 Area when a project either already needs a DEQ 1200-C or 1200-CA stormwater discharge permit, or disturbs a quarter-acre or more of land or moves 400 cubic yards or more of soil (LC 9.090.040D.1.a-b). A lower 5,000-square-foot / 200-cubic-yard threshold applies to commercial, industrial, or multi-family projects, or to any site with highly erodible soils or slopes of 15% or greater (LC 9.090.040D.1.c). No one may start land-disturbing work without first obtaining the required permit, and the application must be filed at or before the underlying development permit application (LC 9.090.040B). The Director issues Tier 1 permits (where a DEQ 1200-C/1200-CA already applies), Tier 2 permits (requiring a submitted erosion and sediment control plan), and Annual Permits for agencies and utilities running small recurring projects under a quarter-acre (LC 9.090.040F). Farm use under ORS 215, regulated forest practices, DEQ-permitted oil/gas excavation, DOGAMI-permitted mining, and hand-tool landscape work are exempt (LC 9.090.020). Projects that don't trigger a permit must instead file a self-certification declaration promising to use and maintain erosion controls through final stabilization (LC 9.090.045A). The County will deny a permit outright if the proposed work would cause visible or measurable erosion or fail to meet the outcomes in LC 9.090.030 (LC 9.090.065A.1). Fees are set by the Director and due when the permit or declaration is submitted (LC 9.090.060).
Violations & Fines
Violating any provision of the Erosion Prevention Code is a Class A violation under ORS Chapter 153 (LC 9.090.090B). The County pursues administrative enforcement under LC Chapter 5, nuisance abatement under LC Chapter 9, or both, which can include the County installing erosion control best management practices itself and billing the responsible party (LC 9.090.090C). The Division Manager or a designee can issue a written stop-work order posted on the site or served on the responsible person, halting all work until the enforcement officer authorizes it to resume (LC 9.090.090D). A permit applicant can appeal a permit denial, a rejected self-certification declaration, imposed conditions, a determination that a permit is required, or a stop-work order, following the timelines in LC 5.025.035 (LC 9.090.085).
Frequently Asked Questions
Do I need an erosion permit for a rural Lane County home build?
Is farm and forest work covered by this permit?
What happens if I disturb land without the required permit?
Does this apply inside Eugene or Springfield?
Sources & Official References
Other rules in Lane County
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