Madison County, AL Environmental Rules: Erosion Control (2026)
Key Facts
- Governing standard
- Alabama Handbook for Erosion Control
- Permit responsibility
- Developer secures ADEM permits
- Required proof
- ADEM approval before plat approval
- Listed measures
- Silt fences, hay bale dikes, siltation ponds
- Ditch stabilization
- Sod required, alternatives need approval
- Enforcing office
- County Engineer, Public Works
Summary
Road and site construction in unincorporated Madison County subdivisions must follow the state's erosion-control manual and secure ADEM permits before work begins. Section 5.4 makes the Developer solely responsible for erosion control and for proof of ADEM approval, while Section 4.3.8(2)(j) requires construction plans to detail silt fences, hay bale dikes and other temporary and permanent measures.
Section 5.4. Construction Requirements. Construction of all roads shall meet the minimum requirements of these Regulations and conform to the latest published edition of the Alabama Department of Transportation's "Standard Specifications for Highway Construction." All best management practices shall be designed and/or installed per the "Alabama Handbook for Erosion Control, Sediment Control and Stormwater Management on Construction Sites and Urban Areas", latest edition. The Developer shall be responsible for all Erosion control in accordance with ADEM guidelines. The Developer shall be responsible for securing any required permits by ADEM. The Developer shall provide proof to the County prior to Proposed Plat approval that all required permits or approvals from ADEM have been appropriately requested and supported.
Full Breakdown
Madison County folds erosion and sediment control into its Subdivision Regulations rather than a standalone ordinance, since the county has no zoning code to house one. 4, Construction Requirements, ties every road-building project to the state manual: best management practices must be designed and installed per the Alabama Handbook for Erosion Control, Sediment Control and Stormwater Management on Construction Sites and Urban Areas, and the Developer, not the County, is responsible for erosion control in accordance with ADEM guidelines and for securing any ADEM permit the project needs.
The Developer must hand the County proof that all required ADEM permits or approvals have been requested and supported before the Proposed Plat can even be approved. 8(2)(j) requires the Applicant to show the location, description and details of every temporary and permanent erosion and sedimentation control measure to be used, naming silt fences, silt dikes, hay bale dikes, construction entrances, siltation ponds and permanent ground cover, plus a schedule for installing and finally stabilizing each one. 8 separately requires drainage ditches, swales and detention or retention ponds to be sodded for erosion control, though the County Engineer may approve hydroseed or fiber netting with Bermuda seed as a written, engineer-certified alternative to sod. All of this applies at the subdivision-plat stage; a project that never goes through platting is not reached by these Regulations.
Violations & Fines
Section 2.3.2 subjects any violation of these Regulations, including the Section 5.4 erosion-control and ADEM-permit requirements, to the fine set by Code of Alabama § 11-24-3 et seq., and lets the County sue to enjoin noncompliant construction. The County Engineer, who enforces the Regulations under Section 2.3, will not certify improvements or recommend Final Plat approval where required erosion-control measures or ADEM permits are missing.
Frequently Asked Questions
Does Madison County require an ADEM permit for construction runoff?
What erosion control measures must a subdivision's construction plans show?
Can a developer skip sodding drainage ditches?
Who enforces erosion control on Madison County subdivisions?
Sources & Official References
Other rules in Madison County
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