Lake Havasu City, AZ Environmental Rules: Erosion Control (2026)
Key Facts
- SWPPP threshold
- Required for construction sites of 1 acre or more
- State filing
- Notice of Intent filed with ADEQ
- Enforcing official
- City Engineer under Chapter 8.28
- Civil penalty
- $200 to $2,500 per day under § 1.12.040
- Court remedy
- Injunction available in Mohave County Superior Court
- Adopted
- Ordinance 14-1105, passed January 14, 2014
Summary
Lake Havasu City requires stormwater pollution prevention plans for construction projects of one acre or more under Chapter 8.28, Stormwater. Builders must file a Notice of Intent with the Arizona Department of Environmental Quality, use Best Management Practices to stop illicit discharges into the municipal storm sewer system, and maintain those BMPs until the site is fully stabilized.
B. The city shall require that any person submitting a grading, building, or other improvement plan disclose if illicit discharge, stormwater, or permitted non-stormwater discharge of any type to the MS4 may occur as a result of, or in conjunction with the implementation of the plan. To the extent that the discharge would be an illicit discharge, if connected to the MS4, the plan shall include BMP measures to remove or prevent the illicit discharge during and after construction of the improvement or project. The BMP shall be subject to approval of the city. ... ... F. Site-specific stormwater pollution prevention plans shall be developed for all construction projects 1 acre or greater in size and a Notice of Intent (NOI) shall be filed with ADEQ. The site-specific plan shall identify the minimum BMPs to be utilized upon further development of the project area, when the person submitting the plan will not develop the entire project though building occupancy or other full development intent. Smaller areas may develop a site-specific plan.
Full Breakdown
Chapter 8.28, Stormwater, adopted by Ordinance 14-1105 in 2014, regulates erosion and sediment control on construction sites to protect the city's municipal separate storm sewer system (MS4) and comply with the federal Clean Water Act and Arizona Pollutant Discharge Elimination System rules. Under § 8.28.100, anyone submitting a grading, building or other improvement plan must disclose whether an illicit discharge, stormwater or permitted non-stormwater discharge to the MS4 could occur, and the plan must include city-approved Best Management Practices (BMPs) to remove or prevent that discharge during and after construction.
Those BMPs must be maintained by the person initiating the project, and by their heirs and assigns, until the site reaches final stabilization; any change to an approved BMP must be reported to the city in writing. For construction projects covering one acre or more, § 8.28.100.F requires a site-specific Stormwater Pollution Prevention Plan identifying the minimum BMPs to be used, and a Notice of Intent must be filed with the Arizona Department of Environmental Quality; smaller sites may develop a site-specific plan voluntarily. Developers who continue work on parcels that were part of a larger prior development must keep using BMPs at least as protective as those in the original project's plan.
The city may suspend a site's MS4 access without prior notice if a discharge presents an imminent danger under § 8.28.110, and industrial or construction activity subject to an AZPDES or NPDES permit must prove compliance with that permit under § 8.28.120.
Violations & Fines
A stormwater or erosion-control violation is enforced under Chapter 1.12 of the code by the City Engineer or a designee, per § 8.28.160, and carries a civil citation of not less than $200 nor more than $2,500 per day under § 1.12.040. The city may also petition the Mohave County Superior Court for an injunction under § 8.28.170, and a violation that threatens public health or safety can be declared a public nuisance and abated at the violator's expense under § 8.28.180.
Frequently Asked Questions
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Sources & Official References
Other rules in Lake Havasu City
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