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Sedgwick County, KS Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing law
Sedgwick County Code Sec. 23-270 to 23-273
Applies to
Unincorporated Sedgwick County only
SWPPP required for
NPDES-permitted or director-flagged sites
Existing eroding land deadline
30 calendar days after notice
First-offense fine
$250 per day minimum
Repeat-offense fine
Up to $2,500 per day
Enforcing agency
Sedgwick County Public Works director

Summary

Unincorporated Sedgwick County requires erosion prevention and sediment control BMPs on every land-disturbing construction activity, regardless of size, and bars sediment or sediment-laden runoff from reaching the MS4, surface waters, or neighboring land. Larger sites must submit a Stormwater Pollution Prevention Plan (SWPPP) to the Public Works director before breaking ground.

City-specific rules exist: Wichita has its own erosion control rules that differ from Sedgwick County's county-level regulations. If you live in Wichita, check the city-specific page instead.

Adequate erosion prevention and sediment control BMPs shall be employed for all land-disturbing activities of any size. Land-disturbing or construction activities of any size that the discharge of sediment or sediment-laden stormwater runoff to the MS4, to surface waters directly discharges or onto adjacent properties are a violation of this article.

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 22 Update 1).

Full Breakdown

Sedgwick County Code Sec. 23-270 sets the baseline: adequate erosion prevention and sediment control BMPs are required for all land-disturbing activities of any size, and any resulting discharge of sediment to the county's MS4, to surface waters directly, or onto adjacent properties is itself a violation. Sec. 23-271 triggers the fuller SWPPP track for construction activities that need an NPDES permit from KDHE, and for smaller sites under one acre if the director decides the water-quality impact warrants it; farm-property construction is exempt unless it needs a county building permit and disturbs less than one acre.

Under Sec. 23-272, no construction may start until the director approves the SWPPP, KDHE has approved the Notice of Intent, and any required floodplain development permit is issued. Sec. 23-273 requires BMPs installed under the Kansas Construction General Permit and the county stormwater manual to be maintained and repaired at the owner's or operator's own expense throughout every stage of the work, covering streets, utilities, drainage facilities, and both temporary and permanent improvements. Separately, Sec. 23-251 addresses land that is already eroding: once the director gives written notice, the property owner has 30 calendar days (extendable if conditions warrant) to stabilize and revegetate exposed soil, though farming activity and minor disturbances under an acre, like gardening or septic installation, are exempt.

This article applies only to unincorporated Sedgwick County per Sec. 23-205; Wichita enforces its own stormwater and erosion-control provisions under city code, so a construction site inside Wichita city limits is not governed by this chapter.

Violations & Fines

Enforcement runs through the Department of Public Works under Sec. 23-233 (written notice of violation and order to comply) and Sec. 23-234 (uniform complaint under K.S.A. 19-1401 et seq., prosecuted in district court). Sec. 23-238 sets a fine schedule of $250 for a first offense up to $2,500 per day for repeat offenses within 12 months, including $250-$1,000 for failing to prepare or comply with a SWPPP and $250-$1,000 for failing to maintain BMPs; unpaid abatement costs become a lien on the property under Sec. 23-234(c).

Frequently Asked Questions

Does every construction site in unincorporated Sedgwick County need a SWPPP?
Only sites that need an NPDES stormwater permit from KDHE, or smaller sites under an acre that the Public Works director flags for water-quality impact. All sites, regardless of size, still must use erosion prevention and sediment control BMPs under Sec. 23-270 even without a SWPPP.
What happens if my property already has an eroding slope?
Under Sec. 23-251, once the county director sends written notice, you have 30 calendar days to stabilize and revegetate the exposed soil, with an extension available if conditions warrant. Farming activity and minor disturbances under an acre are exempt.
How much can the county fine me for erosion violations?
Sec. 23-238 sets a schedule starting at $250 per day for a first offense and rising to $2,500 per day for a third offense within 12 months, covering failures like an unmaintained SWPPP or unmaintained BMPs, plus separate abatement costs the county can assess as a lien.
Does this chapter apply inside the City of Wichita?
No. Sec. 23-205 limits this article to unincorporated Sedgwick County. Construction sites within Wichita city limits are regulated under Wichita's own stormwater and erosion-control code, not this county chapter.

Sources & Official References

Other rules in Sedgwick County

All Sedgwick County rules

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