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Midland, TX Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Trigger size
Sites 1 acre or more need TPDES coverage
Plan requirement
Erosion control plan drawing with construction plans
NOI/CSN deadline
Filed and posted 7 days before construction
Maintenance trigger
Repair when control capacity drops 50%
Correction window
Up to 10 days after deficiency notice
Penalty
Misdemeanor, up to $2,000 per day
Appeal deadline
14 days to City Manager, § 11-12-11

Summary

Midland's Stormwater Management Code requires an erosion control plan drawing with any construction plans submitted for city review, plus a TPDES notice of intent posted on site at least seven days before work starts on sites of one acre or more. The Stormwater Administrator can deny building permits, plats, or occupancy over inadequate controls.

(A)This Chapter regulates construction activity for which TCEQ requires TPDES General Permit for Construction Stormwater coverage for small sites of at least one acre but less than five acres and large sites of five or more acres...(C)All plans for construction activity that are required by a city ordinance to be submitted for review shall include an erosion control plan drawing...(E)Qualified personnel (provided by the operator of the construction activity) shall inspect all areas of the construction site that might discharge soil, wastes and other pollutants. All erosion and sediment control measures and other management practices shall be observed in order to ensure they are operating correctly and are effective. The operator of the construction activity shall maintain, repair, or replace controls and management practices, as appropriate. At a minimum, controls and management practices shall be cleaned and repaired or replaced as needed when capacity is reduced by 50 percent.

Source: Midland Code of OrdinancesView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 1 Update 2).

Full Breakdown

Chapter 11-12, Article IV of the Midland Code of Ordinances governs construction-site erosion and sediment control directly, not the county subdivision statute previously cited for this page (Tex. 003 governs commissioners courts regulating unincorporated county subdivisions and does not apply inside Midland's city limits). Section 11-12-8(A) covers small sites of at least one acre but less than five acres and large sites of five acres or more, matching the TCEQ TPDES Construction Stormwater permit thresholds. Under 11-12-8(C), every set of construction plans a city ordinance requires for review must include an erosion control plan drawing.

Under 11-12-8(D), operators must submit a signed notice of intent (NOI) or construction site notice (CSN) at least seven days before construction begins and post it at the site. Under 11-12-8(E), qualified personnel provided by the operator must inspect all areas that might discharge soil, waste, or other pollutants, and controls must be cleaned, repaired, or replaced when their capacity is reduced by 50 percent. Under 11-12-8(F), the City may inspect the site and must give written notice of deficiencies, with a correction window the Stormwater Administrator sets at not more than ten days.

Under 11-12-8(G), the City may deny a building permit, subdivision plat, site development plan, inspection, or occupancy approval if the Stormwater Administrator determines the erosion control plan drawing or site conditions don't sufficiently minimize discharge of soil, waste, and other pollutants. Section 11-12-10 separately requires developments and redevelopments of one acre or more to control post-construction runoff volumes and erosion under the City's Storm Drainage Design Manual, unless the project causes no net increase in impervious area or already holds a TPDES industrial stormwater permit.

Violations & Fines

Section 11-12-7(B) makes each violation of Chapter 11-12, including the erosion control plan and inspection requirements in § 11-12-8, a misdemeanor punishable by a fine of up to $2,000, with each day a violation continues counted as a separate offense. Section 11-12-7(A) also lets the City seek injunctive relief in court to prevent, restrain, correct, or abate a violation. Separately, § 11-12-8(G) allows the City to withhold or deny building permits, plats, site plans, or occupancy approval until deficient controls are fixed.

Frequently Asked Questions

Do I need an erosion control plan for a Midland construction project?
Yes, if the project's construction plans are required to be submitted for city review under § 11-12-8(C), they must include an erosion control plan drawing. Sites of one acre or more also need TPDES Construction Stormwater permit coverage under § 11-12-8(A), issued by the TCEQ.
What happens if my erosion controls fail a Midland inspection?
Under § 11-12-8(F), the City gives written notice of deficiencies and the Stormwater Administrator sets a correction deadline of not more than ten days. Controls must also be cleaned, repaired, or replaced whenever capacity drops by 50 percent under § 11-12-8(E).
Can Midland deny my building permit over erosion control problems?
Yes. Section 11-12-8(G) lets the City deny a building permit, subdivision plat, site development plan, inspection, or occupancy approval if the Stormwater Administrator finds the erosion control plan drawing or site conditions insufficient to minimize discharge of soil, waste, and pollutants.
What's the fine for violating Midland's construction erosion control rules?
Section 11-12-7(B) sets a misdemeanor fine of up to $2,000 per violation, with each day a violation continues treated as a separate offense. The City can also pursue an injunction under § 11-12-7(A) to stop an ongoing violation.
How do I appeal a Stormwater Administrator ruling on my erosion control plan?
File a written request with the City Manager within 14 days of the contested action under § 11-12-11(A). A hearing must be held within 21 days of the request, and the City Manager issues a final written decision within 48 hours of the hearing.

Sources & Official References

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