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Modesto, CA Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit trigger (soil volume)
350 cubic yards or more
Permit trigger (land cleared)
More than 0.5 acre
Reviewing official
City Engineer
Inspection notice required
2 business days advance request
Erosion failure reporting window
24 hours to City Engineer
Work-stoppage notice
Within 15 days of 15+ day halt

Summary

Modesto requires a Grading and Erosion Control Permit before moving 350 cubic yards or more of soil or clearing more than half an acre of land. The Public Works Department reviews plans prepared by a civil engineer and can suspend or revoke permits for noncompliance under Modesto Code of Ordinances § 5-10.301.

(a)Except as provided by Section 5-10.302, it is unlawful for any person to (1) grade, fill, excavate, store or dispose of three hundred fifty (350) cubic yards or more of soil or earth material; or (2) clear and grub more than one-half (.5) acre of land within the City without a grading and erosion control permit. A separate permit is required for work on each site unless sites are contiguous, have the same ownership, and are included in the approved plan. Any determination by the Director as to whether a permit is required may be appealed pursuant to the provisions of Section 5-10.710.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).

Full Breakdown

Title 5, Chapter 10, Article 3 governs grading and erosion control citywide. 301 makes it unlawful to grade, fill, excavate, store, or dispose of 350 cubic yards or more of soil, or to clear and grub more than half an acre, without a permit; a separate permit is required for each site unless sites are contiguous, share ownership, and appear in one approved plan. 302 exempts smaller jobs below those thresholds and specific activities like swimming pools and footings under a valid building permit, underground utilities, permitted mining, and planted agricultural crops, though the Director may still condition a building permit on compliance with this chapter.

303 with a local Storm Water Pollution Prevention Plan, engineering plans, specifications, right-of-entry consent, and fees. 304 requires a civil engineer to prepare grading plans showing the site's watercourses, drainage patterns, existing vegetation including all oak trees and trees over 6 inches in diameter, contours at 2-foot intervals on slopes up to 10 percent, and the schedule for erosion and sediment control measures. 204(d) requires sediment and construction waste to be retained on site to the maximum extent practicable, removed the same day if it escapes, and excavated soil piles covered until used or removed; no vehicle washing is allowed on or adjacent to the construction site. 320.

Violations & Fines

A Grading and Erosion Control Permit may be suspended or revoked under Section 5-10.322 if the site's physical condition differs from what was submitted, the work departs from approved plans or conditions, required reports are missing or inaccurate, or the activity otherwise violates the chapter or state or federal law. The City Engineer serves a notice of suspension or revocation, and the permittee must immediately stop all grading, filling, excavating, storing, or clearing, with 20 calendar days to appeal under Sections 1-6.501 et seq. Because Section 5-10.301(c) routes remedies through Articles 5 and 7 of the same chapter, violations also carry the chapter's civil penalties of up to $25,000 per day under Section 5-10.702 and misdemeanor or infraction prosecution under Section 5-10.703.

Frequently Asked Questions

Do I need a permit to grade a small residential lot in Modesto?
Only if you move 350 cubic yards or more of soil or clear more than half an acre; Section 5-10.302 exempts smaller volumes and specific activities like pool excavation or utility trenching covered by a valid building permit.
Who prepares the grading plans for a Modesto erosion control permit?
A licensed civil engineer must prepare the plans under Section 5-10.304, showing the site's contours, drainage, existing trees over 6 inches in diameter, and the erosion and sediment control measures to be installed.
How fast must I report a sediment failure at a construction site?
Within 24 hours of the failure of erosion or sediment control measures, or of debris reaching adjoining property or public rights-of-way, per Section 5-10.319.
What happens if my grading permit gets revoked?
You must immediately stop all grading, filling, excavating, or clearing under Section 5-10.323, and you have 20 calendar days to file an appeal; continuing work after revocation exposes you to the chapter's civil and criminal penalties.

Sources & Official References

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