Dothan, AL Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger
- 1 acre or more, or any non-residential project
- Maximum bond
- Up to $5,000.00 per acre
- BMP plan review
- City decides within 10 days; deemed approved at 30
- Required standard
- Alabama Handbook for Erosion and Sediment Control
- Deficiency correction window
- 5 days after inspection (§ 83-28)
Summary
In the City of Dothan, Alabama, City Code § 83-22 requires a city permit before any land-disturbing construction activity of one acre or more, or any non-residential project regardless of size. Applicants may have to post a bond of up to $5,000.00 per acre, and § 83-26 bars clearing land until erosion and sediment controls required by the approved BMP plan are installed and stabilized.
(a)No land disturbing activities for non-residential development, regardless of size, or that disturb either (i) greater than or equal to one acre; or (ii) less than one acre but whose activity is part of a larger common plan of development or sale that disturbs one acre or more ... shall be conducted within the city without first obtaining the necessary permit(s) from the city. ... (d)The city may require the applicant to post a bond in the form of a government security, cash, irrevocable letter of credit, or any combination thereof up to but not exceeding $5,000.00 per acre of the proposed land disturbing activities. ... (c)Clearing, except that necessary to establish erosion and sediment controls, shall not begin until all erosion and sediment controls have been installed and have been stabilized.
Full Breakdown
Dothan regulates construction-site erosion under Chapter 83, Article II, Stormwater Management, enacted to control the discharge of pollutants from newly developed and redeveloping sites under the city's Phase II MS4 NPDES permit. Section 83-22 requires a permit before any land disturbing activity begins that affects one acre or more, that is part of a common plan of development or sale reaching one acre or more, or that involves non-residential development of any size. The applicant must file a Construction Best Management Practices (BMP) Plan under § 83-24, built to Alabama Department of Environmental Management standards, along with a nonrefundable fee set under Chapter 14, Article I, and the city may require a bond of up to $5,000.00 per acre of disturbed land, callable if the applicant fails to comply with permit conditions.
The city must approve or disapprove a complete BMP plan within ten days, and a plan is deemed approved if the city misses a 30-day deadline; a plan certified by a Qualified Credentialed Professional is deemed approved immediately. Section 83-26 fixes the sequence of work: clearing beyond what is needed to install erosion and sediment controls may not begin until those controls are in place and stabilized, and controls must meet the design criteria in the Alabama Handbook for Erosion Control, Sediment Control and Stormwater Management on Construction Sites.
Section 83-23 exempts minor activities such as home gardening, landscaping, minor driveway grading and agriculture. Inspections under § 83-27 can occur without notice if a discharge poses an imminent threat, and § 83-28 requires deficiencies found at inspection to be corrected within five days.
Violations & Fines
A person who conducts land disturbing activity without the required permit, or who violates a BMP plan or any provision of Article II, commits a violation punishable under § 83-17 by reference to Ala. Code § 11-45-9. The city can also issue compliance or cease-and-desist orders under § 83-29, call the applicant's bond of up to $5,000.00 per acre, and pursue civil action in any court of competent jurisdiction for damages to public stormwater facilities.
Frequently Asked Questions
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How much can Dothan require as a bond for a construction site?
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Sources & Official References
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