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Homestead, FL Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing section
City Code § 22-64
Plan required
Before any building permit for land-disturbing activity
Review fee trigger
Valuation of $250,000 or more
1+ acre sites
FDEP Construction Generic Permit and SWPPP required
Soil stabilization
Within 5 days of clearing or inactivity
Phasing required
Sites disturbing more than 30 acres
Maximum special master fine
$5,000 for irreparable violations

Summary

Homestead requires an erosion and sediment control plan before issuing any building permit for land-disturbing activity. Sites over an acre need FDEP construction permit coverage and a certified on-site inspector; smaller sites still must use approved sediment controls under City Code § 22-64.

(a)Generally. Any person conducting a land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity, consistent with the requirements of this section. Additionally, any such person shall be held responsible for knowing and abiding by the requirements of this section.(b)Erosion and sediment control plan required prior to building permit; exceptions.(1)In order to obtain a building permit for any land-disturbing activity, an environmental plan review by the building department shall be required to ensure the applicable erosion and sediment control plan is included in the plans as may be required by this section. A review fee shall be assessed for any land-disturbing activity with a valuation of two hundred fifty thousand dollars ($250,000.00) or more, as determined by the building official.

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 87).

Full Breakdown

Under City Code § 22-64, anyone conducting a land-disturbing activity in Homestead, meaning clearing, grading, excavating, or filling, must take reasonable measures to protect public and private property from erosion damage. Before the building department will issue a building permit, an environmental plan review confirms the project includes an erosion and sediment control plan. Projects valued at $250,000 or more trigger a review fee set by the city's fee schedule. Work disturbing less than one acre still must use sediment and erosion control measures consistent with the FDEP Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual and Miami-Dade DERM standards.

Work disturbing one acre or more must obtain coverage under FDEP's Construction Generic Permit, file a Notice of Intent, keep the CGP, SWPPP, and inspection forms on site, and staff the site at all times with a person certified through the Florida Stormwater, Erosion and Sedimentation Control Inspector Training Program. Applicants submit a signed erosion and sediment control affidavit with the building permit, and the building official may require a faithful performance bond or letter of credit to cover improvement and repair costs. The city's director of public works and building official must approve, conditionally approve, or deny a site development permit application within 30 days.

Design rules require soil stabilization within five days of clearing or a pause in construction, established vegetative cover within four weeks, silt fences and perimeter protection for all development or redevelopment, and phasing plans for any site disturbing more than 30 acres. Construction entrances must be stabilized, tracked sediment removed before the end of each workday, and floating turbidity curtains used for work near waterways. Emergency activity and existing agricultural or nursery operations are exempt from the site development permit requirement.

Violations & Fines

Violations under § 22-71 are enforced through Chapter 7 of the City Code, with fines set in §§ 7-31 and 7-40; each day a violation continues is a separate offense. If a special master finds a violation irreparable or irreversible, the fine can reach $5,000 under § 7-26 and F.S. § 162.09(2). Violators also bear all clean-up and remediation costs, which become a lien on the property if unpaid within 10 days, payable in up to 12 installments. A qualifying violation can also be charged as a second-degree misdemeanor carrying a $500 fine under F.S. §§ 823.01 and 775.083(1)(e).

Frequently Asked Questions

Do I need an erosion control plan for a small project under an acre?
Yes. Section 22-64(b)(1)a. requires all construction work, including sites under one acre, that could affect the city's storm sewer system, Biscayne Bay, surface waters, or adjacent properties to employ sediment and erosion control measures meeting FDEP's Inspector's Manual and Miami-Dade DERM standards.
What extra permit do I need for a project over one acre in Homestead?
Section 22-64(b)(1)b. requires coverage under FDEP's Construction Generic Permit for Storm Water Discharge, with the Notice of Intent, CGP, SWPPP, and inspection records kept on site, plus a contractor certified through the Florida Stormwater, Erosion and Sedimentation Control Inspector Training Program present during work.
How fast must I stabilize disturbed soil?
Section 22-64(e)(3)e. requires soil stabilization within five days of clearing or of any pause in construction activity, and any seeded or vegetative erosion control must become established within four weeks or the site may be required to be reseeded.
What happens if I violate Homestead's erosion control rules?
Section 22-71 routes penalties through Chapter 7 of the City Code, with each day of continued violation a separate offense, special master fines up to $5,000 for irreparable damage, a possible $500 misdemeanor fine, and abatement costs that become a lien on the property if unpaid.

Sources & Official References

Other rules in Homestead

All Homestead rules

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