Clay County, FL Environmental Rules: Erosion Control (2026)
Key Facts
- Applies to
- All excavations, unincorporated area
- Standard
- FDEP Inspector's Manual or better
- Penalty
- $50 per day per occurrence
- Enforcing agency
- Dept. of Environmental Services
- Appeal window
- 10 days from notice
Summary
Every excavation in unincorporated Clay County must use erosion and sedimentation control best management practices at least as protective as the state's inspector manual. The county's environmental services department enforces the standard under its illicit discharge ordinance, with fines reaching $50 per day for noncompliance.
Erosion and sedimentation control BMPs shall be implemented at all excavations within unincorporated Clay County. The selected erosion and sedimentation control BMPs shall provide equal or better protection than those found in the current edition of "The Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual," compiled by the Florida Department of Environmental Protection.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 86).
Full Breakdown
Section 19-456 requires erosion and sedimentation control best management practices (BMPs) at all excavations within unincorporated Clay County, and sets the compliance bar at whatever protection level the current edition of the Florida Department of Environmental Protection's 'Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual' calls for or better. The section is codified inside the county's Illicit Discharge and Connection article, which exists to keep pollutants such as sediment out of the county's MS4 and surface waters. Because Section 19-456 cross-references the department's inspector manual rather than printing dimensional numbers itself, a builder or excavation contractor satisfies the rule by installing BMPs, such as silt fencing, inlet protection, sediment basins or stabilized construction entrances, that meet or exceed what that manual specifies for the site's soil and drainage conditions.
Enforcement follows the same track as the rest of the illicit discharge article: the Department of Environmental Services can issue a written notice of violation under Section 19-458 ordering the responsible party to correct or discontinue the deficient BMPs, with ten days to appeal to the Clay County Board of County Commissioners or its designee. If the erosion controls are not corrected, the county may enter the site to install adequate BMPs itself and bill the owner or contractor for the investigative and abatement costs under Section 19-457, and unpaid costs become a special assessment lien on the property.
Violations & Fines
Clay County's Section 19-459 penalty schedule sets a $50 per day, per occurrence fine specifically for failing to comply with the Section 19-456 erosion and sedimentation control measures, the lowest per-day rate on the schedule but one that accrues daily until the BMPs are corrected. A violator also owes the county's investigative costs under Section 19-457 and can face an injunction under Section 19-458(5) if the failure continues after a notice of violation.
Frequently Asked Questions
What erosion control standard applies to a Clay County construction site?
Does this erosion rule apply inside cities like Orange Park?
What happens if a contractor doesn't install adequate silt fencing or sediment controls?
Sources & Official References
Other rules in Clay County
Florida rules heatmap·Compare Clay County to another location·View the Florida environmental rules overview
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