Polk County, FL Environmental Rules: Erosion Control (2026)

Polk County Code Sec. 12-152, part of the Stormwater Quality Management Ordinance, requires that stormwater from construction sites be controlled so sediment is retained on-site and state water quality standards are not violated. Any erosion and sediment controls required by a construction site's NPDES stormwater permit pollution prevention plan, or by a state stormwater permit from the Florida Department of Environmental Regulation or the applicable water management district, must be properly implemented, maintained and operated. The section sets the county's floor for those controls by incorporating, by reference, the Best Management Practices (BMPs) for Construction Activities attached to Ordinance No.

94-42 as Attachment 1. The same section requires stormwater from areas of industrial activity to be treated or managed on-site using BMPs before it reaches an MS4 or waters of the United States, with the resulting discharge quality held to a standard that will not adversely affect the receiving water. Owners of industrial facilities or construction sites that will discharge stormwater to an MS4 must give the appropriate municipality written notice before discharging begins. 26, county staff cross-check both the comprehensive plan land-use designation and any federal permit status when confirming which BMP standard applies to a given site.

The Sec. 12-159 variance process lets a site request relief from these specific requirements on a case-by-case basis, provided the variance would not harm receiving water quality or excuse the applicant from other federal, state or local requirements, and neighboring MS4 owners must be notified of any variance application.