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Gilroy, CA Environmental Rules: Erosion Control (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Yes. City Code § 6.7(a)(17) adds Appendix J Section J110.3, requiring applicants to submit an Interim Erosion and Sediment Control Plan showing maximum surface runoff, erosion and mulching measures, and vegetative and maintenance measures, which can be incorporated into the grading plan itself.
Can I grade property in Gilroy during the rainy season?
Only with extra approval. Section J110.3(d) requires special documentation for a non-financial reason to start grading between October 15 and April 15, and written permission from the Building Official renewed every five working days to continue any activity beyond maintaining the erosion control measures already in place.
What happens if I violate Gilroy's erosion control rules?
Section J110.6.5 subjects violators to citations and penalties under Municipal Code Section 1.7, Section 6.16 and Chapter 6A, with every day a violation continues as a separate offense, plus an investigation fee of up to twice the grading permit fee that the Building Official can attach to a corrective permit.

Sources & Official References

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