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Brevard County, FL Environmental Rules: Erosion Control (2026)

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

Key Facts

Controls installed
Before any land disturbance
Stabilization deadline
Seven days after final grade
Sediment basin trigger
Three acres of runoff
Ground cover
14 days after last construction
Temporary controls removed
Within 30 days of stabilization

Summary

Brevard County requires sediment barriers to be built before any land disturbance, soil stabilization within seven days of final grade, and a sediment basin where runoff comes from three acres or more.

City-specific rules exist: Palm Bay, Cocoa, Titusville, and Melbourne have their own erosion control rules that differ from Brevard County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

The National Pollutant Discharge Elimination System (NPDES) Stormwater Program regulates point source discharges from three potential sources: Construction Activities Industrial Activities Municipal Separate Storm Sewer Systems (MS4) Stormwater runoff is generated from rain events that flow over land or impervious surfaces, such as paved streets, parking lots and building rooftops, and does not soak into the ground. The runoff picks up pollutants like trash, chemicals, and sediment that can harm our rivers, lakes and estuaries. To protect these resources, municipalities and operators of construction and industrial activities, can use stormwater controls, to prevent pollution by controlling it at its source. Operators of these sources are required to obtain NPDES coverage before they can discharge stormwater if stormwater from the activity has the potential to enter a surface water of the state or an MS4. Most sites have the potential to discharge stormwater. Even sites with stormwater treatment may discharge stormwater offsite. Many stormwater systems are designed to retain a specific quantity of stormwater based on rain events and local conditions, and to discharge any stormwater received over the design capacity. If the system discharges or overflows offsite, that is considered a discharge to an MS4 or water of the state. The NPDES Stormwater Program in Tallahassee is responsible for the development, administration and compliance of rules and policy to minimize and prevent pollutants in stormwater discharges.

Source: Brevard County Code of Ordinances (Municode)View official code

Full Breakdown

The stormwater management criteria in Exhibit A to chapter 62, article XIII, division 6 set the county erosion standards. Sediment basins, traps, perimeter dikes and sediment barriers must be built as the first step in any land-disturbing activity and be functional before upslope disturbance begins. Permanent or temporary stabilization goes on denuded areas within seven days after final grade, and on areas that will sit undisturbed longer than 30 days. Runoff from three or more acres needs a sediment basin. Section 62-4338 separately requires erosion-retarding ground cover within seven days of final grade, or 14 days after the last construction activity.

Violations & Fines

Erosion violations are handled as code enforcement; the special magistrate may impose up to $1,000 per day for a first violation and $5,000 per day for a repeat under section 2-176.

Frequently Asked Questions

What are typical penalties for violating erosion control rules?
Code enforcement penalties apply. Section 2-176 allows fines up to $1,000 a day for a first violation, $5,000 a day for repeats, and up to $15,000 where the violation is irreparable.

Sources & Official References

Other rules in Brevard County

All Brevard County rules

Florida rules heatmap·Compare Brevard County to another location·View the Florida environmental rules overview

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