East Baton Rouge Parish, LA Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger threshold
- 1 acre or more of land disturbance
- Federal reference
- 40 CFR 122.26(b)(14)(i)-(x)
- Applies to
- Clearing, grading, excavation activity
- Civil penalty
- Up to $1,000/day per violation
- Criminal penalty
- Up to $1,000 fine and/or 6 months jail
- Enforcing agency
- Director, Dept. of Public Works
Summary
Baton Rouge/EBRP Code Sec. 2:363(e) puts any construction project that disturbs one acre or more of land, city-parish-wide, under the stormwater chapter's erosion and sediment control rules and EPA/DEQ construction-activity regulations. Builders must be ready to hand the Director of Public Works a copy of their EPA or DEQ construction discharge permit on request.
Any construction operation that results in the disturbance of one (1) acre or more of total land area is subject to the regulations of this chapter and EPA and DEQ regulations ... These regulations specifically apply to clearing, grading, and excavation activities. Not subject to regulation are disturbances of less than one (1) acre, unless the smaller parcel creates a significant stormwater quality or MSSS problem.
Full Breakdown
Sec. 26(b)(14)(i)-(x), describing operations that use heavy equipment such as bulldozers, cranes and dump trucks, clear trees and rockwork, and install haul roads, drainage systems and holding ponds. The ordinance adopts the EPA's own finding that construction runoff 'has the potential for serious water quality impacts,' particularly from sediment. These regulations specifically apply to clearing, grading, and excavation activities, and disturbances of less than one acre are not subject to regulation unless the smaller parcel creates a significant stormwater quality problem, per the same subsection.
Sec. 2:363(f) additionally requires that potential discharge areas, including parking lots, subdivision developments and construction sites, comply with all standards set by the city-parish's planning and zoning office and the Department of Public Works' engineering, inspection and environmental divisions. Sec. 2:362(a)(9) reinforces that erosion-control ordinances are never exempted from Chapter 8, and a failure to comply with erosion-control requirements is enforced through this chapter's remedies. Contractors must supply a copy of their construction activity general discharge permit to the Director of Public Works upon request under Sec.
2:363(e), and dischargers more broadly must provide a stormwater management plan on request under Sec. 2:363(b)-(c) showing use of the best available sediment control technology.
Violations & Fines
A violation of the one-acre erosion-control trigger is enforced the same as any other stormwater violation under Sec. 2:369: a civil penalty of up to $1,000.00 per day, per violation, plus the City-Parish's attorney's fees and litigation costs (Sec. 2:369(c)). A contractor who discharges sediment-laden runoff without first securing the required EPA or DEQ construction permit commits a criminal violation under Sec. 2:369(d)(3), punishable upon conviction by a fine of up to $1,000.00, imprisonment of up to six months, or both. The Director of Public Works may also seek a court injunction to halt an active violation under Sec. 2:369(b).
Frequently Asked Questions
At what project size does East Baton Rouge Parish require erosion control?
Do I need a permit before starting grading on a construction site?
What is the penalty for erosion-control violations on a job site in the parish?
Sources & Official References
Other rules in East Baton Rouge Parish
Compare East Baton Rouge Parish to another location·View the Louisiana environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.