Merced County, CA Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger threshold
- 1 acre disturbed, or part of a larger plan
- Required document
- Sediment Control Plan (SCP) before soil disturbance
- Plan preparer
- Certified Qualified SWPPP Developer (QSD)
- BMP standard
- CASQA Best Management Practice Handbooks
- SWPPP substitution
- State permit SWPPP may replace county SCP
- Enforcement
- Stop-work order, Chapter 1.28 misdemeanor
Summary
Before disturbing any soil, operators of construction projects in unincorporated Merced County must prepare and submit a Sediment Control Plan to the Department of Public Works, prepared by a certified Qualified SWPPP Developer. The requirement applies to activity disturbing an acre or more, or to smaller sites that are part of a larger common plan of development.
2. Construction Site Storm Water Runoff Control. Prior to disturbing any soil, operators of a construction activity project shall prepare and submit a Sediment Control Plan to the department of public works for review and approval. The SCP shall be incorporated as separate sheets of the civil portion of the plans prepared for the project and shall indicate BMPs to be used during project construction and post construction. The SCP shall be prepared by a certified Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD). ... If a SWPPP is required to be developed for the construction activity project pursuant to the State Water Board's Construction General Permit, the SWPPP may substitute for the required SCP.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4930839; v8 updated 2026-06-02).
Full Breakdown
53's construction site stormwater runoff controls, requires that before any soil is disturbed, the operator of a construction activity project prepare a Sediment Control Plan (SCP) and submit it to the department of public works for review and approval. The SCP must be incorporated as separate sheets within the civil portion of the project plans and must identify the best management practices (BMPs) to be used during and after construction, conforming to the California Storm Water Quality Association (CASQA) BMP Handbooks or an equivalent standard.
The plan must be prepared by a certified Qualified SWPPP Developer (QSD). 010(C) defines the triggering 'construction activity' as clearing, grading, grubbing, excavation, or demolition disturbing one acre or more, activity disturbing less than an acre if it is part of a larger common plan of development or sale of one acre or more, and agricultural land converting to industrial-scale uses such as dairy barns or food processing facilities. Operators must also submit evidence that other required permits, including the State Water Board's Construction General Permit, a Section 401 water quality certification, an Army Corps Section 404 permit, and a California Department of Fish and Wildlife Section 1600 agreement, have been obtained where applicable.
If the state's Construction General Permit already requires a Storm Water Pollution Prevention Plan (SWPPP) for the project, that SWPPP may substitute for the county's SCP, provided a copy is submitted to the county for review and approval. Routine agricultural disking, harrowing, and soil preparation, and construction disturbing less than an acre outside a larger development plan, fall outside the requirement.
Violations & Fines
Beginning soil-disturbing work without an approved Sediment Control Plan is enforced the same way as any other Chapter 9.53 violation: the director of public works can issue a written notice of violation and, if uncorrected, request a sheriff's citation under Chapter 1.20, issue a stop-work order halting construction (cleanup and BMP installation may continue), or withhold occupancy and encroachment approvals. A continuing violation is a misdemeanor under Chapter 1.28, punished as a separate offense for each day it persists.
Frequently Asked Questions
Does every construction project in unincorporated Merced County need a Sediment Control Plan?
Who is allowed to prepare the Sediment Control Plan?
What happens if grading starts before the plan is approved?
Can my state SWPPP take the place of the county's Sediment Control Plan?
Sources & Official References
Other rules in Merced County
California rules heatmap·Compare Merced County to another location·View the California environmental rules overview
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