Monroe County, FL Environmental Rules: Erosion Control (2026)
Key Facts
- Governing section
- Land Development Code § 114-3(j), erosion and sediment control inspection
- Timing
- Required during and after construction
- Core requirement
- Control measures stabilized around construction perimeter
- Scheduling
- Applicant arranges inspection with Planning Director
- Enforcement
- Stop-work order and CO denial for noncompliance
- Maintenance failure
- 30-day notice before county corrective action and lien
Summary
In the unincorporated Florida Keys (Monroe County), Land Development Code § 114-3(j) requires an erosion-and-sediment-control inspection during and after construction on any project subject to the county's surface water management rules. Control measures must be installed and stabilized around the perimeter of the construction area, and the Planning Director schedules the inspection alongside other required stormwater and building inspections before work can proceed to completion.
(j)Maintenance and inspection. (1)The installed systems required by these regulations shall be maintained by the owner or approved operating entity, except that the county may select certain systems for county maintenance. ... The Planning Director shall give such owner written notice of the nature of corrective action necessary. Should the owner fail, within 30 days from the date of the notice, to take corrective action, the BOCC may take the necessary corrective action and place a lien on the property of the owner to recover the costs thereof.(2)The applicant shall arrange with the Planning Director for scheduling the following inspections (these inspections may be scheduled along with other required inspections):a.Erosion and sediment control inspection. As necessary during and after construction to ensure effective control of erosion and sedimentation. Control measures shall be installed and stabilized around the perimeter of the construction area.
Full Breakdown
Section 114-3(j) folds erosion and sediment control into the county's broader surface water management inspection sequence, which applies to any development subject to Section 114-3, from single-family lots expanding impervious area to commercial sites building new stormwater systems in the unincorporated Keys. The applicant arranges the erosion-and-sediment-control inspection with the Planning Director, who may schedule it together with the dewatering, bury and final inspections already required for the project's stormwater management plan. Control measures must be installed and stabilized around the perimeter of the construction area both during and after construction, so runoff and sediment stay on site rather than reaching the near-shore waters, canals and wetlands the surrounding sections of Chapter 114 are written to protect.
If the Code Compliance Officer who inspects the work finds it out of compliance, the Planning Director sets a correction deadline based on how long the fix takes and how the violation affects water and habitat quality; work that is not corrected is subject to the penalty provisions of Section 114-3(k), including a stop-work order from the Building Official and denial of the certificate of occupancy. Beyond the construction-phase inspection, Section 114-3(j)(1) makes the owner or approved operating entity responsible for maintaining the installed system afterward: if the Planning Director gives written notice of needed corrective action and the owner does not act within 30 days, the Board of County Commissioners may perform the work itself and place a lien on the property to recover the cost.
Violations & Fines
An inspector who finds erosion or sediment control measures missing or failing can require a correction within a deadline set by the Planning Director based on the severity of the water and habitat impact. Uncorrected work is subject to the penalty provisions of Section 114-3(k): a Building Official stop-work order, denial of the certificate of occupancy, and penalties assessed under F.S. Chapter 163. Failing to maintain the system after construction can result in a county lien.
Frequently Asked Questions
Does Monroe County require erosion control during construction?
What happens if erosion controls fail inspection?
Who maintains a stormwater system after construction is finished?
Sources & Official References
Other rules in Monroe County
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