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Lee County, AL Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing section
Art. V § 5-4-4
Standard imposed
BMPs required throughout construction
Responsible party
Developer, not the county
Referenced authority
ADEM regulations and permits
Enforcement tool
Inspections withheld until ADEM compliance
Notice required
1 working day before starting work

Summary

Every road built in a Lee County subdivision must use Best Management Practices for erosion control throughout construction. The developer, not the county, is responsible for meeting ADEM's erosion-control regulations and securing ADEM permits, and the County Engineer can hold up inspections until that is done.

These county ordinances apply to unincorporated areas of Lee County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Construction of all roads shall meet the following minimum requirements and conform to the current edition of the Alabama Department of Transportation's "Standard Specifications for Highway Construction". Best Management Practices for erosion control shall be used throughout construction and development. The developer shall be responsible for all erosion control in accordance with ADEM regulations and for securing any permits required by ADEM. Any requested inspection may be withheld or delayed until ADEM regulations are met.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Section 5-4-4 of the Lee County Subdivision and Land Development Regulations, in Article V's road construction standards, requires all road construction in a subdivision to conform to the current edition of the Alabama Department of Transportation's Standard Specifications for Highway Construction and states plainly that Best Management Practices for erosion control shall be used throughout construction and development. The rule puts the burden on the developer directly: the developer is responsible for all erosion control in accordance with Alabama Department of Environmental Management (ADEM) regulations and for securing any permits ADEM requires for the project.

The County Engineer enforces this by tying it to inspections: any requested inspection of road or drainage work may be withheld or delayed until ADEM regulations are met, so a developer who has not obtained ADEM coverage, ordinarily an NPDES construction stormwater permit for sites disturbing an acre or more, cannot get the County Engineer to sign off on the work. This sits alongside the notification duty in the same section: the developer or contractor must give the County Engineer or an authorized agent one working day's written notice before starting any phase of construction, including clearing, grading, drainage, gutters, inlets, base or surfacing, and failure to notify is separately grounds for nonacceptance.

Because Lee County has no stand-alone erosion-control ordinance, Section 5-4-4, read together with its clearing-and-grubbing requirement that vegetation and unsuitable material be stripped only ahead of grading with the County Engineer's approval, is the operative local control on construction sediment in unincorporated Lee County.

Violations & Fines

The County Engineer can withhold or delay any requested inspection, and refuse acceptance of a completed road, until the developer shows ADEM's erosion-control regulations and permitting requirements have been met. Failing to give the County Engineer one working day's written notice before starting clearing, grading, drainage or paving work is separate grounds for nonacceptance under Section 5-4-4(1).

Frequently Asked Questions

Who is responsible for erosion control on a Lee County subdivision project?
The developer. Section 5-4-4 states the developer is responsible for all erosion control in accordance with ADEM regulations and for securing any ADEM permits the project needs, not the county.
Can the county stop work over erosion control problems?
Indirectly, yes. Section 5-4-4 lets the County Engineer withhold or delay any requested inspection until ADEM's erosion-control regulations are met, which halts progress toward road acceptance and final approval.
Does Lee County issue its own erosion-control permit?
No. The subdivision regulations point developers to the Alabama Department of Environmental Management's state erosion-control regulations and permits rather than issuing a separate county erosion permit.
What else can block acceptance of newly built subdivision roads?
Failing to give the County Engineer one working day's written notice before starting clearing, grading, drainage or paving work is separate grounds for nonacceptance under Section 5-4-4(1).

Sources & Official References

Other rules in Lee County

All Lee County rules

Compare Lee County to another location·View the Alabama environmental rules overview

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