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Fountain, CO Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing section
Fountain Municipal Code § 12.04.170
Permit required for
grading, stripping, excavating, filling
Issuing office
City engineer
Required plan
Soil erosion/dust control plan (BMP manual)
Last amendment
Ord. No. 1450, 2009
Max penalty
$2,650 fine and/or 1 year jail per day

Summary

Fountain, Colorado, in El Paso County requires a grading permit before any land in the city is graded, stripped, excavated, filled, or otherwise disturbed. Applicants must submit a soil erosion and dust control plan built to the city's adopted BMP manual, and contractors on site must actively keep sediment out of streets, storm sewers, and Fountain Creek.

A.Permit required. No land area within the city shall be graded, stripped, excavated, filled, or otherwise disturbed without first obtaining a grading permit pursuant to the provisions of this section. Prior to the issuance of a grading permit, the city requires all land development and proposed construction project plans submitted for approval to include a soil erosion/dust control plan. All soil erosion/dust control plans shall incorporate measures to prevent or reasonably control soil from being exported by air or water from the site to streets, alleys, sidewalks, curbs, gutters, storm sewers, and other public utility systems, watercourses and any other properties. ... 1.All persons engaged in soil disturbance shall implement and maintain acceptable soil erosion and sediment control measures, including BMPs, in conformance with the erosion control technical standards of the manual and in compliance with the erosion and stormwater quality control plan approved by the city, if required.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

170 sets the rule: no land area in Fountain can be graded, stripped, excavated, filled, or disturbed without a grading permit from the city engineer, and every development or construction plan submitted for approval must carry a soil erosion/dust control plan prepared to the city's Best Management Practices manual. Once work starts, operators must maintain acceptable erosion and sediment control BMPs matching the manual's technical standards. The section adds specific field duties: stormwater leaving a construction site cannot cause or threaten pollution of state waters; concrete washout water cannot be discharged to any drainage system; building materials, waste, or debris cannot sit in a street or alley outside an approved traffic control plan; vehicle tracking of soil off site must be minimized; and the contractor is responsible for removing sediment and debris that accumulates in the city's storm sewer as a result of the work.

Operators must comply with the Colorado Water Quality Control Act, the city's MS4 discharge permit, and federal Clean Water Act permitting on top of the local plan. A copy of the stormwater management plan (SWMP) must be filed with the city engineer and kept on the construction site until the work is accepted. This section was last amended by Ordinance No. 1450 in 2009, adding the low-impact development BMP requirements for new development and redevelopment, on top of the original 2006/2007 grading and erosion text.

Violations & Fines

Violating any part of chapter 12.04, including the grading and erosion section, is a misdemeanor under § 12.04.210, with each day of violation a separate offense. The city engineer can cancel the grading permit, remove the violator's equipment from the site, and repair damage at the permit holder's expense; unless the section states otherwise, the citywide general penalty in § 1.12.010 applies, up to a $2,650.00 fine, up to a year in jail, or both.

Frequently Asked Questions

Do I need a permit to grade my Fountain lot before building?
Yes. Section 12.04.170 requires a grading permit from the city engineer before any land in Fountain is graded, stripped, excavated, or filled, and the submitted plans must include a soil erosion/dust control plan built to the city's BMP manual.
What must a construction site do to control erosion in Fountain?
Operators must maintain BMPs that meet the city's erosion control technical standards, keep concrete washout and sediment out of storm sewers and state waters, minimize vehicle tracking of soil off site, and remove any debris that accumulates in the city's drainage system as a result of the work.
Who enforces Fountain's grading and erosion rules?
The city engineer administers permits and can refuse, condition, or revoke a grading permit; violations of chapter 12.04 are misdemeanors under § 12.04.210, prosecuted like any other Fountain Municipal Code offense with a separate violation for each day it continues.

Sources & Official References

Other rules in Fountain

All Fountain rules

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