Miami Beach, FL Environmental Rules: Erosion Control (2026)
Key Facts
- Governing section
- City Code § 46-238
- Permit trigger
- 1+ acre of land disturbed
- Review fee threshold
- projects valued $250,000+
- Tracked sediment removal
- same workday
- First offense fine
- $500
Summary
Any land-disturbing construction in Miami Beach, even on less than an acre, must use FDEP-standard sediment and erosion controls under City Code Sec. 46-238. Projects disturbing an acre or more need an FDEP stormwater discharge permit and a certified erosion inspector on site, and the plan must be filed before the city issues a building permit.
(b)All construction work, including work in an area less than one acre in size, that has the potential to impact the city's MS4, Biscayne Bay, surface waters, and/or adjacent properties, is required to employ sediment and erosion control measures that are in accordance with the Florida Department of Environmental Protection ("FDEP") Florida Storm Water Erosion and Sedimentation Control Inspector's Manual, latest revision, to maintain water quality standards in accordance with Miami Dade County Department of Environmental Resource Management ("DERM") standards and Florida Administrative Code Chapter 62-302.(c)All construction activity that results in the disturbance of an area equal to or greater than one acre is required to obtain coverage under the FDEP Generic Permit for Storm Water Discharge from Large and Small Construction Activities (Construction Generic Permit ["CGP"]).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 98 | Resiliency Code (Current Land Development Regulations): Publication | Ordinance 89-2665 (Previous Land Development Regulations): Publication).
Full Breakdown
Sec. 46-238, part of the Water Quality article adopted by Ordinance No. 2021-4435, makes any person conducting a land-disturbing activity, defined to include clearing, grading, excavating or demolition, responsible for protecting public and private property from resulting damage. Subsection (b) requires all construction work with the potential to reach the MS4, Biscayne Bay, surface waters or neighboring parcels, regardless of site size, to follow the FDEP Florida Storm Water Erosion and Sedimentation Control Inspector's Manual and Miami-Dade DERM standards. Sites disturbing an acre or more must obtain coverage under the FDEP's Construction Generic Permit and keep the notice of intent, SWPPP and inspection forms on site, staffed by at least one person certified through the Florida Stormwater, Erosion and Sedimentation Control Inspector Training Program.
Before a building permit issues, the owner and contractor must sign a construction site sediment and erosion control affidavit, and projects valued at $250,000 or more pay an environmental plan review fee. Site rules under subsections (f) through (s) require stabilized construction entrances, immediate removal of any sediment tracked onto pavement, staked silt fencing around the perimeter, catch basin inserts inspected weekly, and floating turbidity curtains labeled with the contractor's name for work near a waterway. Dumping vegetative debris in the right-of-way or letting soil erode into an environmentally sensitive area is separately prohibited.
Violations & Fines
A code compliance officer who finds a Sec. 46-238 violation issues a notice of violation carrying a $500 fine for a first offense, $1,000 for a second within 12 months and $5,000 for a third, with each day of an ongoing violation counted separately. The special magistrate can also order remediation and cost reimbursement; appeal is due within ten days.
Frequently Asked Questions
Do small construction jobs need erosion control in Miami Beach?
When do I need an FDEP construction permit for erosion control?
What happens if sediment tracks onto the street from my site?
Is there a fee to review my erosion control plan?
Sources & Official References
Other rules in Miami Beach
Florida rules heatmap·Compare Miami Beach to another location·View the Florida environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Erosion Control in Nearby Cities
How other cities in Miami-Dade County handle erosion control.