Monterey, CA Environmental Rules: Erosion Control (2026)
Key Facts
- Governing chapter
- Ch. 31.5, Storm Water Management
- Key section
- Sec. 31.5-15(c), Construction Sites
- Trigger
- Any land-use entitlement or building permit
- Enforcing office
- Public Works Director
- Watercourse duty
- Sec. 31.5-18, owner must prevent erosion
- Remedy path
- Administrative citations, Sec. 1-2.00 et seq.
Summary
Monterey requires every construction project's building or land-use permit to build in site-specific erosion and sediment control measures under the storm water ordinance, not as a suggestion but as a condition the owner and developer must carry out and maintain for the life of the job.
Construction Sites.BMPs to reduce pollutants in any storm water runoff activities shall be incorporated in any land use entitlement and/or construction or building-related permit. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and/or building permits as required by the City and as required by the NPDES General Permit and as amended thereto, including, but not limited to, the requirement to submit, implement, and maintain site-specific construction BMPs as applicable for erosion and sediment control, soil stabilization, source controls, materials and stockpile management, dewatering, and similar pollution prevention measures to prevent dumping or illegal discharges during construction into the storm drain system.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3721, passed July 7, 2026).
Full Breakdown
5, the Storm Water Management ordinance, makes erosion control a permit condition rather than a voluntary best practice. 5-15(c), "Construction Sites," requires that best management practices (BMPs) to reduce pollutants in storm water runoff be incorporated into any land use entitlement or construction and building permit, and it specifically lists erosion and sediment control, soil stabilization, source controls, materials and stockpile management, and dewatering among the measures an owner and developer must submit, implement and maintain. The same section folds in the state NPDES General Permit and Regional Water Board Resolution No.
R3-2013-0032 for new development and redevelopment, so a project's erosion plan has to satisfy both the city ordinance and the regional permit at once. 5-18, Watercourse Protection, adds a parallel duty for any property through which a watercourse passes: the owner or lessee must not remove bank vegetation beyond what maintenance requires, or in a way that increases the watercourse's vulnerability to erosion, and must maintain and stabilize the portion of the watercourse within their property line. 5-23 whenever there is cause to believe a violation exists. 29(b).
Violations & Fines
Violations are handled through the city's Administrative Remedies Ordinance (Monterey City Code Sec. 1-2.00 et seq.), including administrative citations and administrative orders, under Sec. 31.5-24. The Director can order monitoring, elimination of the discharge, abatement or remediation, and implementation of BMPs, and under Sec. 31.5-25 may require immediate abatement of any violation that threatens public health or safety; if the responsible party does not act, the city can enter the property to remediate at the owner's expense. Sec. 31.5-27 separately declares a violation a public nuisance, and Sec. 31.5-29 sends collected civil penalties into the Storm Water Utility Fund.
Frequently Asked Questions
Does Monterey require an erosion control plan for construction?
Who enforces Monterey's erosion control rules?
Do I have separate erosion duties if a creek runs through my property?
Is this the same rule that applies to new subdivisions?
Sources & Official References
Other rules in Monterey
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Erosion Control in Nearby Cities
How other cities in Monterey County handle erosion control.