Modesto, CA Environmental Rules: Erosion Control (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.
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?
Who prepares the grading plans for a Modesto erosion control permit?
How fast must I report a sediment failure at a construction site?
What happens if my grading permit gets revoked?
Sources & Official References
Other rules in Modesto
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