Hercules, CA Environmental Rules: Erosion Control (2026)
Key Facts
- Governing section
- Hercules Municipal Code Sec. 7-2.305
- Plan preparer
- Registered civil engineer required
- Exemption threshold
- Under 1/2 acre and 200 cu yd
- Rainy season
- October 15 to April 15
- Minimum bond
- $5,000 cash bond for controls
- Enforcing office
- Public Works Department / City Engineer
Summary
Hercules requires a Final Erosion and Sediment Control Plan, prepared by a registered civil engineer, for most grading projects near watercourses, on steep slopes, or moving substantial soil. Smaller projects can qualify for an exemption only if they meet all eight size, slope, and location thresholds under Municipal Code Sec. 7-2.305.
A Final Erosion and Sediment Control Plan, prepared by a registered civil engineer, shall be submitted unless all of the following conditions are met: The area of land disturbed is less than one-half (1/2) acre. Natural and finished slopes are less than ten percent (10%). Volume of the grading operation is less than two hundred (200) cubic yards. The storage of any soil is less than one hundred fifty (150) cubic yards. The grading operation is not within one hundred (100) feet of the centerline of any watercourse, within one hundred (100) feet of the waterline of any water body or the Bay (high tide)... The Final Erosion and Sediment Control Plan must effectively minimize soil erosion and sedimentation from the completed project site and must also provide for the control of runoff from the site.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 555, passed March 25, 2025).
Full Breakdown
Under Hercules Municipal Code Sec. 305, anyone seeking a grading permit must submit a Final Erosion and Sediment Control Plan prepared by a California-registered civil engineer unless the project meets all eight exemption criteria: disturbed area under one-half acre, finished slopes under 10%, grading volume under 200 cubic yards, stored soil under 150 cubic yards, no work within 100 feet of a watercourse centerline or the Bay high-tide line, no threat to adjacent or downstream property, no obstruction of drainage channels, and a CEQA finding of no significant impact.
The plan must follow the ABAG 'Manual of Standards for Erosion and Sediment Control Measures' (June 1981) and must name a 24-hour standby work crew available for repairs between October 15 and April 15, the City's defined rainy season. Projects that start between August 15 and October 15 and cannot finish by October 15 must file the plan by that date; work still underway from October 15 through April 15 must include the plan with every permit application. The City Engineer inspects the work under Sec.
306 and can require a cash bond of at least $5,000, or more if the engineer's own cost estimate runs higher, to guarantee installation of the plan's erosion measures under Sec. 313. Minor trenching or maintenance work can be excluded from the plan requirement only with the City Engineer's written approval.
Violations & Fines
Grading without a required Erosion and Sediment Control Plan is a permit violation: the City Engineer can suspend or revoke the grading permit and order work stopped until the plan is filed and bonded under Sec. 7-2.320 and Sec. 7-2.313. If the contractor cannot be reached or fails to install required erosion controls before a storm, the City can perform the work itself and deduct the cost from the applicant's cash bond, and bond funds tied to erosion measures are not released until the site has weathered a full rainy season.
Frequently Asked Questions
Does every grading project in Hercules need an erosion control plan?
Who reviews and inspects the erosion control plan?
What happens if erosion controls fail during a storm?
Sources & Official References
Other rules in Hercules
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Erosion Control in Nearby Cities
How other cities in Contra Costa County handle erosion control.