Montgomery, AL Environmental Rules: Erosion Control (2026)

Under Montgomery City Code § 12-189, no person may conduct land-disturbing activity, defined broadly to include clearing, excavating, dredging, transporting, and filling, without first obtaining a grading permit from the city official (the city engineer or designee). Before starting work, the property owner or an authorized agent must file a CBMP plan application under § 12-183; the city official has 30 days to approve or deny a complete submission and must give written reasons for any denial, with 14-day turnarounds on resubmissions. Ten categories of minor activity are exempt from the permit under § 12-190, including agriculture, silviculture, home gardening and landscaping on individual lots, minor driveway or sidewalk grading, and excavations smaller than 3,500 square feet that are less than two feet deep and don't create a slope steeper than two-to-one; the city official can still require a plan for a small excavation if warranted.

Even exempt work must control sedimentation reaching the municipal separate storm sewer system (MS4). Enforcement runs through § 12-221: the city official can issue a warning notice, a compliance order, or a stop-work order and revoke the grading permit outright if a site is developed in a way that materially harms neighboring health, safety, or property. Violating any provision, including a permit condition, is a misdemeanor under § 12-223. 00 for a second violation within 30 days, and a penalty set by the municipal judge for a third or later violation in that window; the counter resets to 'first violation' after 90 violation-free days. Anyone found liable can appeal to the Montgomery County Circuit Court for a trial de novo within 14 days under § 12-225.