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Flagler County, FL Environmental Rules: Erosion Control (2026)

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

Key Facts

BMP requirement
Erosion/sediment control required during construction
Trigger
Condition of matching Flagler County stormwater permit
Notice
7 days' written notice to county engineer
Enforcement
Stop-work orders, injunctions, code enforcement fines
Exemption
Single-family/duplex/triplex/quadruplex not part of larger project
Scope
Applies only in unincorporated Flagler County

Summary

Development projects in unincorporated Flagler County that hold a stormwater permit from a state or federal agency must also use best management practices for erosion and sediment control while construction is underway, as a condition of the matching county permit. The county engineer must get seven days' written notice before construction starts, and violations are treated as nuisances subject to civil action.

City-specific rules exist: Palm Coast has its own erosion control rules that differ from Flagler County's county-level regulations. If you live in Palm Coast, check the city-specific page instead.

Any applicant obtaining a permit issued by a permitting agency shall be issued a Flagler County permit subject to the following conditions:(a)The applicant shall utilize best management practices for erosion and sediment control during construction;(b)The applicant shall furnish to the county administrator or his designee a copy of any inspection report by a permitting agency when issued by the permitting agency;(c)The applicant will comply with all maintenance requirements imposed by the permitting agency.

Full Breakdown

00 of the Land Development Code folds Flagler County's stormwater rules into the existing framework run by the Army Corps of Engineers, EPA, the Florida Department of Environmental Regulation, the Department of Transportation and the St. Johns River Water Management District. 03, once a developer holds a stormwater permit from one of those permitting agencies, the county issues a matching Flagler County permit, but only on three conditions: the applicant must use best management practices for erosion and sediment control throughout construction, must forward the county administrator a copy of any permitting-agency inspection report once issued, and must keep complying with whatever maintenance requirements that agency imposes.

Small projects are exempt, including a single-family, duplex, triplex or quadruplex not part of a larger development, silviculture operations following the state's Best Management Practices Manual, and any activity disturbing less than 500 square feet of vehicular-use impervious surface or 1,000 square feet of other impervious area. 04: the county engineer must get seven days' written notice before construction begins on a permitted project, and the county can use stop-work orders, injunctions, and recovery of its costs, expert fees and attorneys' fees, plus code enforcement board fines and liens.

Noncompliant activity is declared a nuisance that the county attorney can pursue in court. This stormwater and erosion-control permitting structure applies only in unincorporated Flagler County; Palm Coast, Flagler Beach and Beverly Beach run their own stormwater permitting.

Violations & Fines

A developer who ignores the erosion and sediment control condition, or any other § 5.03.03 permit condition, faces county enforcement under § 5.03.04: stop-work orders, injunctions, recovery of the county's costs and attorneys' fees, and code enforcement board fines and liens. Noncompliant activity is declared a nuisance the county attorney can bring to court for abatement, and any aggrieved person may separately seek injunctive relief under § 5.03.05.

Frequently Asked Questions

Does Flagler County require erosion control during construction?
Yes. Once a project holds a stormwater permit from a state or federal permitting agency, LDC § 5.03.03(a) makes it a condition of the matching county permit that the applicant use best management practices for erosion and sediment control for as long as construction continues.
Do I need to notify the county before starting?
Yes. Under § 5.03.04, the Flagler County Engineer must receive written notice at least seven days before construction begins on any permitted project, on top of whatever notice the state or federal permitting agency separately requires before work starts.
Is a single-family home exempt from this permitting?
Section 5.03.02 exempts a single-family, duplex, triplex or quadruplex dwelling built alone, not part of a larger common plan of development, along with silviculture activity and any project disturbing less than 500 square feet of paved area or 1,000 square feet of other impervious area.
What happens if a developer skips the erosion control condition?
Flagler County can issue a stop-work order or injunction, recover its costs and attorneys' fees, and refer the matter to the code enforcement board for fines and liens under § 5.03.04. Noncompliant activity is also declared a nuisance the county attorney can bring to court for abatement.

Sources & Official References

Other rules in Flagler County

All Flagler County rules

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