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Marion, OH Environmental Rules: Erosion Control (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Plan trigger
One (1) acre or more of disturbance
Perimeter controls
Before grading and within seven (7) days of grubbing
Site inspections
Every seven (7) calendar days and within 24 hours of storms
Repair deadline
Three (3) days, ten (10) days for sediment settling ponds
Security
Cash bond set by the City Engineer
Penalty
Third-degree misdemeanor: up to $500.00 and 60 days
Stop-work power
Up to ninety (90) days

Summary

In the City of Marion, Ohio, a parcel disturbing one (1) acre or more needs an approved Storm Water Pollution Prevention Plan (SWP3) before soil disturbing work starts or a zoning permit issues. Chapter 915.75 sets sediment control timing, seven-day site inspections, a cash bond, and misdemeanor penalties enforced through the City Engineer.

Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than 14 days. ( ... 1) Timing. ... Sediment control structures shall be functional throughout the course of earth disturbing activity. Sediment basins and perimeter sediment barriers shall be implemented prior to grading and within seven (7) days from the start of grubbing. ... (h) INTERNAL INSPECTIONS. All controls on the site shall be inspected at least once every seven (7) calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. ... (1) When practices require repair or maintenance. If an internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three (3) days of the inspection.

Full Breakdown

Chapter 915.75 of the Marion Codified Ordinances covers erosion and sediment control during construction. It applies to subdivisions, industrial, commercial, institutional and residential projects, redevelopment, general clearing and other earth-disturbing activities, but not to activities regulated by the Ohio Agricultural Sediment Pollution Abatement Rules (§ 915.75.01). These are City of Marion rules, separate from Marion County or Marion Township.

A SWP3 is required for all parcels disturbing one (1) acre or more. Smaller disturbances need no submitted plan unless the City of Marion Engineer requires one, but they must still meet the rest of the chapter (§ 915.75.05). The applicant files two (2) sets with the fees, and a professional engineer, registered surveyor, certified professional erosion and sediment control specialist or registered landscape architect must certify the plan (§§ 915.75.06, 915.75.08). Approvals stay valid one (1) year, and no zoning permit issues without an approved SWP3.

The performance standards in § 915.75.09 are specific. Sediment basins and perimeter sediment barriers go in before grading and within seven (7) days from the start of grubbing. Straw or hay bales are not acceptable inlet protection, and any inlet receiving runoff from drainage areas of one or more acres requires a sediment settling pond. Construction entrances are the only permitted points of ingress and egress, built of aggregate stone or recycled concrete larger than 2 inches over geotextile fabric. Adjacent streets are cleaned daily and nearby catch basins weekly. Washing concrete into a street or catch basin is prohibited. Fuel tanks need a dike holding 110% of the stored volume.

The applicant must inspect every control at least once every seven (7) calendar days and keep the records for three (3) years after final stabilization. Under § 915.75.11, a cash bond set by the City Engineer must be deposited before soil disturbing activities begin.

Violations & Fines

Violating Chapter 915.75 is a misdemeanor of the third degree, with a fine of no more than $500.00 or imprisonment for no more than sixty (60) days, or both, for each offense, and each day is a separate offense (§ 915.75.99). Owners, occupants, property managers, contractors and subcontractors are all covered. The City Engineer can suspend soil disturbing activity for up to ninety (90) days, by verbal order if needed (§ 915.75.13). Appeals go to the court of common pleas (§ 915.75.14).

Frequently Asked Questions

Do I need an erosion plan in Marion for a small project?
A SWP3 must be submitted for parcels disturbing one (1) acre or more. Smaller activities need no submitted plan unless the City of Marion Engineer requires one, but they must still comply with all other provisions of Chapter 915.75 (§ 915.75.05).
How often must erosion controls be inspected on a Marion construction site?
All controls must be inspected at least once every seven (7) calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. Inspection results must be kept for three (3) years following final stabilization (§ 915.75.09(h)).
How fast must a failed silt fence or inlet control be fixed?
A practice needing repair or maintenance must be fixed within three (3) days of the inspection, except sediment settling ponds, which get ten (10) days. A control that fails its function requires an amended SWP3 and a replacement within ten (10) days (§ 915.75.09(i)).
Can the City of Marion shut down my site for erosion problems?
Yes. On written notice the City Engineer or designee can suspend active soil disturbing activity for a period not to exceed ninety (90) days and require immediate erosion and sediment control measures. For public safety, work can be stopped on verbal order pending the written notice (§ 915.75.13(b)).

Sources & Official References

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