Dubuque, IA Environmental Rules: Erosion Control (2026)
Key Facts
- Governing section
- Dubuque City Code § 14-12-6
- Administered by
- city manager, applications via city engineer
- Permit is in addition to
- state NPDES general permit no. 2
- Precondition for
- issuance of city building permit
- Site plan approval required since
- September 1, 2007
- SWPPP preparer
- must be licensed engineer/landscape architect or credentialed
Summary
In the City of Dubuque, anyone with an active state NPDES general permit no. 2 for construction land disturbance must also obtain a city Erosion and Sediment Control (ESC) permit under City Code 14-12-6. The ESC permit is a condition precedent to getting a city building permit for the same land-disturbing work.
14-12-6: EROSION AND SEDIMENT CONTROL (ESC) PERMIT: ... A. City ESC Permit Required: All persons required by law or administrative rule to obtain the state NPDES general permit no. 2 from the IDNR and all persons with an active state NPDES general permit no. 2 shall obtain a city ESC permit in addition to and not in lieu of a state NPDES general permit no. ... 2. E. ... Condition Precedent To Issuance Of Building Permit: Issuance by the city manager of a city ESC permit shall be a condition precedent to the issuance of a city building permit for the land disturbing activity described in the application. For any application submitted to the city manager after September 1, 2007, no city ESC permit shall be issued until the site plan has been approved by the city manager.
Full Breakdown
Dubuque City Code chapter 12 of title 14, the Erosion and Sediment Control Ordinance of the City of Dubuque, applies to all land disturbing activity in the city (14-12-2). The city manager administers, implements and enforces the chapter (14-12-3). Anyone required by law to obtain the state NPDES general permit no. 2 from the Iowa Department of Natural Resources, or who already holds one, must also get a city ESC permit in addition to, not instead of, the state permit (14-12-6(A)). The application goes to the city engineer's office on city manager-approved forms with a fee, and if the applicant already holds the state permit, they must submit copies of their plans and specifications, their NPDES authorizations, and their stormwater pollution prevention plan (SWPPP) (14-12-6(B)).
The SWPPP must meet IDNR's minimum mandatory requirements, comply with any joint Iowa/Army Corps application, and be prepared by a licensed professional engineer, licensed landscape architect, licensed erosion-control professional, or a soil and water conservation district representative credentialed to the city manager's satisfaction (14-12-6(B)(4)). Since September 1, 2007, no city ESC permit issues until the site plan is approved, and the ESC permit itself is a condition precedent to issuance of a city building permit for the land-disturbing activity (14-12-6(E)). Permittees must keep the city informed of the on-site person overseeing compliance and any contractors implementing SWPPP measures (14-12-6(F)), and can transfer the permit on sale of the property with written confirmation of the state permit transfer and payment of a transfer fee (14-12-6(G)). The chapter also sets a severability clause and clarifies the standards are minimums that do not guarantee zero erosion (14-12-4, 14-12-5).
Violations & Fines
Undertaking land-disturbing construction activity covered by state NPDES general permit no. 2 without also holding a city ESC permit, or beginning building work before the ESC permit and approved site plan are in place, violates City Code 14-12-6; the chapter separately provides for notices of violation, appeal, and enforcement measures including cost recovery for abatement.
Frequently Asked Questions
Do I need a separate city permit if I already have a state NPDES permit in Dubuque?
Can I get a building permit before my ESC permit in Dubuque?
Who can prepare the SWPPP for a Dubuque ESC permit application?
Sources & Official References
Other rules in Dubuque
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