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Fountain Valley, CA Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing standard
Erosion control provisions of the NPDES permit
Engineer requirement
Civil engineer retained each rainy season
Device deadline
In place daily when five-day rain forecast exceeds 40 percent
Basin compaction
90 percent relative compaction
Slope planting trigger
Slopes in excess of five feet high
Criminal penalty
Misdemeanor, up to $1,000 and six months in County Jail

Summary

In the City of Fountain Valley, California, every graded construction site must be prepared and maintained to control erosion under Municipal Code § 18.06.100, which adopts the erosion control provisions of the NPDES permit. Owners must hire a civil engineer each rainy season, and removable protective devices must be in place at the end of any working day when the five-day rain forecast exceeds forty percent.

The city adopts the erosion control provisions imposed by the NPDES permit, including the following: (a) The project site shall be prepared and maintained to control against erosion in accordance with this chapter. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted upon approval by the building official and/or director of public works. (b) Where necessary, temporary, and/or permanent erosion control devices such as desilting basins, check dams, riprap, or other devices, as approved by the building official and/or director of public works, shall be employed to control erosion and provide safety. ... (j) All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds forty percent.

Full Breakdown

Section 18.06.100 sits in the grading chapter of Title 18 and opens by adopting the erosion control provisions imposed by the NPDES permit. Subsection (a) requires the project site to be prepared and maintained against erosion. Cut slopes made of erosion-resistant material can skip protection only with approval from the building official or director of public works. Subsection (b) requires temporary or permanent devices such as desilting basins, check dams and riprap where necessary.

Other subsections add hard requirements. Paved streets and sidewalks must stay free of loose soil, construction debris and trash, and a vacuum sweeper or equally effective means must run on a regular basis. Unless the city approves otherwise, the owner must retain a civil engineer who designs the erosion control improvements and reviews field conditions during each rainy season until the grading permit receives final approval. Desilting basins built of compacted earth need 90 percent relative compaction, verified by a soils engineering report. Slopes over five feet high need effective planting, fully germinated before final approval. Graded areas around a tract perimeter must drain away from slope faces at the end of each working day, and emergency workers and stockpiled materials must be available at all times.

Section 18.06.110 covers upkeep. After each rainstorm, silt and debris come out of check berms and desilting basins, and the basins are pumped dry. Devices cannot be moved or modified without approval. If a contractor, permittee or owner fails to maintain them, the building official can order emergency work and charge the owner an initial mobilization cost plus salaries, equipment and materials, and can revoke the grading permit in writing. The permit is not renewed until an approved erosion control system is installed.

Grading that starts without a permit can force the owner to prepare and carry out an approved erosion control plan. Under § 18.06.120 no one can conduct grading, clearing, brushing or grubbing without a grading permit, and § 18.06.140 bars final approval until all erosion-control measures are complete. Section 18.06.100(l) treats a violation of a federal or state stormwater permit, or of the stormwater rules in Chapter 14.40, as a violation of the chapter.

Violations & Fines

Any violation of a stormwater permit, Chapter 14.40 or the stormwater terms of a grading permit is a violation of Chapter 18.06. Under § 18.02.030, a Title 18 violation is a misdemeanor punishable by a fine of up to $1,000, up to six months in the County Jail, or both, with each day a separate offense. The building official can also charge emergency maintenance costs to the owner and revoke the grading permit.

Frequently Asked Questions

When must erosion control devices be in place at a Fountain Valley job site?
Under § 18.06.100(j), all removable protective devices shown on the plans must be in place at the end of each working day when the five-day rain probability forecast exceeds forty percent. Section 18.06.100(g) also requires emergency workers and stockpiled materials on site so temporary devices can go up quickly when rain is imminent.
Who has to pay for the erosion control engineer?
The owner. Unless the building official or director of public works approves otherwise, the owner must retain a civil engineer who designs the erosion control improvements and reviews field conditions during each rainy season until final approval. Installation and maintenance of all erosion control devices is the owner's responsibility under § 18.06.100(d).
What does the city do if a contractor lets the devices fail?
Section 18.06.110(e) lets the building official cause emergency maintenance work to be done to protect adjacent private and public property. The cost is charged to the owner and includes an initial mobilization cost plus salaries, equipment and materials. The official can also revoke the grading permit in writing under subsection (f).
Do I need erosion control if I grade without a permit?
Yes. Under § 18.06.110(g) the owner can be required to prepare and implement an erosion control plan approved by the building official. If the owner fails to install it, the building official can do emergency work and charge the cost to the owner. Section 18.06.120(i) also prohibits grading without a permit.

Sources & Official References

Other rules in Fountain Valley

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