Flagler County, FL Environmental Rules: Erosion Control (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.
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?
Do I need to notify the county before starting?
Is a single-family home exempt from this permitting?
What happens if a developer skips the erosion control condition?
Sources & Official References
Other rules in Flagler County
Florida rules heatmap·Compare Flagler County to another location·View the Florida environmental rules overview
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