Lyon County, NV Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger
- Site grading for non-residential development pad
- SWPPP required
- Disturbance of 1 acre or more
- State air permit required
- Disturbance of 5 acres or more
- Erosion control plan
- Per NDEP-SWPPP
- Reclamation bond
- 150% of estimated reclamation cost
- Exempt threshold
- Grading under 50 cubic yards
Summary
Lyon County's mass grading permit process, under Lyon County Code section 15.240.04, requires grading plans to identify temporary and permanent erosion and sedimentation control measures matching the site's Nevada Division of Environmental Protection Stormwater Pollution Prevention Plan (NDEP-SWPPP). Projects disturbing one acre or more must also submit a state SWPPP, and projects disturbing five acres or more need a state Surface Area Disturbance permit before the county issues the grading permit.
15.240.02: PERMIT REQUIRED: ... A mass grading permit is required for site grading and will only be issued for projects that have received all of the required Community Development Department approvals. ... (14) Identify the temporary and permanent erosion/sedimentation control measures per the approved Nevada Division of Environmental Protection Stormwater Pollution Prevention Plan (NDEP-SWPPP) (may be a separate plan); ... ... 4. A mass grading permit application that proposes to disturb more than one acre (1ac.) or to disturb less than one acre, but is part of a larger common plan for development or sale that will ultimately disturb one (1) acre or more shall include as part of the submission of the mass grading permit documentation of an approved Storm Water Pollution Prevention Plan (SWPPP) from the State of Nevada Department of Environmental Protection - Bureau of Water Pollution Control (NDEP - BWPC).
Full Breakdown
A mass grading permit authorizes site grading for new or altered non-residential development before a building permit issues, under Lyon County Code section 15.240.01, and section 15.240.02 requires the permit before any site grading occurs on a project that has already received the required Community Development Department land-use approvals. The application, filed under section 15.240.04, must include a grading plan that identifies the limits of site disturbance, cut and fill quantities, on-site and off-site storm drain improvements, and 'the temporary and permanent erosion/sedimentation control measures per the approved Nevada Division of Environmental Protection Stormwater Pollution Prevention Plan (NDEP-SWPPP),' which may be submitted as its own separate plan.
Any application proposing to disturb more than one acre, or less than one acre but part of a larger common plan for development ultimately disturbing one acre or more, must include an approved Storm Water Pollution Prevention Plan (SWPPP) from the Nevada Division of Environmental Protection's Bureau of Water Pollution Control. Applications disturbing five acres or more must also include a Surface Area Disturbance permit from the Division's Bureau of Air Pollution Control. The reclamation plan portion of the application must separately address erosion and dust control needed to stabilize the site if development does not proceed, backed by a reclamation surety or cash bond covering one hundred fifty percent of the engineer's estimated reclamation cost, approved by the County Engineer before work begins.
Work exempt from a building permit under chapter 239, active-agriculture clearing and grubbing, and grading under fifty cubic yards do not need a mass grading permit at all under section 15.240.03.
Violations & Fines
Lyon County Code section 15.240.03B provides that exemption from the mass grading permit does not authorize work done in violation of any other provision of this title or another county ordinance, so unpermitted grading can still be cited under the county's general nuisance and code-enforcement authority. A grading permit will not be issued at all for work inconsistent with the site's current zoning and allowed land uses under section 15.240.02, and the county requires a reclamation bond covering 150% of estimated site-restoration costs before work proceeds.
Frequently Asked Questions
Does Lyon County require an erosion control plan for construction grading?
At what project size does a state stormwater permit apply in Lyon County?
What grading is exempt from Lyon County's mass grading and erosion rules?
Sources & Official References
Other rules in Lyon County
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