Gilroy, CA Environmental Rules: Erosion Control (2026)
Key Facts
- Plan required
- Interim Erosion and Sediment Control Plan, Sec. J110.3
- Wet season window
- Oct. 15-Apr. 15, permission renews every 5 days
- Dust/mud control
- Contractor plan due before grading starts
- Discovery stop-work
- Grading halts for human remains, artifacts, fossils
- Investigation fee
- Up to 2x grading permit fee for corrective work
- Penalty
- Each day of violation is a separate offense
Summary
Gilroy's building code amendments require an Interim Erosion and Sediment Control Plan for grading work under City Code § 6.7(a)(17), adding Appendix J Section J110.3. Work during the October 15 to April 15 wet season needs written Building Official permission every five working days, and violations bring citations under Section 1.7, Section 6.16 and Chapter 6A.
Add subsections to Section J110, Erosion Control, to read as follows: Section J110.3 Erosion Control. a. The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be incorporated on the Grading Plan and shall include the following information: 1. Maximum surface runoff from the site as calculated using the method approved by the Building Official. ... Section J110.4 Dust and Mud Control Measures. Contractors performing grading operations within the City where dry conditions or wet conditions are encountered shall adequately and effectively control dust or mud from spreading off site or onto existing structures on site. ... J110.6.5 Penalties. a) Any person, whether as principal, agent, employee or otherwise, or firm or corporation violating, or causing or permitting the violation of any of the provisions of this Ordinance Section shall be subject to citations and penalties set forth in the Gilroy Municipal Code, Section 1.7, Section 6.16 and Chapter 6A.
Full Breakdown
City Code § 6.7(a)(16) adopts Appendix J, Grading, and § 6.7(a)(17) adds local subsections to Appendix J Section J110, Erosion Control. Section J110.3 requires applicants to submit an Interim Erosion and Sediment Control Plan, which can be incorporated into the grading plan, showing maximum surface runoff calculated by a method the Building Official approves, the surface-runoff and erosion-control measures to be used including mulching, and vegetative measures including seeding and a maintenance schedule. Where no permanent improvements are planned, the applicant must submit an interim plan to control runoff for as long as the site stays unimproved, plus a request for release once grading is complete.
Every applicant must submit a master work schedule covering the grading schedule, site conditions on July 15, August 15, September 15 and October 15 during the permit period, installation of interim and final erosion controls, and construction of final improvements. During the wet season, October 15 to April 15, starting grading requires special documentation showing a non-financial reason for the timing, and continuing work other than maintenance of erosion controls requires written permission from the Building Official renewed every five working days, granted based on weather forecasts and experience.
Section J110.4 requires contractors to control dust and mud from spreading off site, submitting control measures to the Building Official before grading begins, on pain of suspension. Section J110.5 requires grading to stop immediately if human remains, artifacts or fossils are discovered, with the Sheriff-Coroner and Building Official notified for human remains.
Violations & Fines
Section J110.6.5 makes any violation of the erosion-control requirements subject to citations and penalties under Gilroy Municipal Code Section 1.7, Section 6.16 and Chapter 6A, with each day a violation continues without a good-faith correction effort counted as a separate offense. The Building Official can also add an investigation fee of up to twice the grading permit fee to any permit issued for corrective action, and can order immediate work stoppage under Section J110.6.1.
Frequently Asked Questions
Does Gilroy require an erosion control plan for grading?
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Sources & Official References
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