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Madison County, AL Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing standard
Alabama Handbook for Erosion Control
Permit responsibility
Developer secures ADEM permits
Required proof
ADEM approval before plat approval
Listed measures
Silt fences, hay bale dikes, siltation ponds
Ditch stabilization
Sod required, alternatives need approval
Enforcing office
County Engineer, Public Works

Summary

Road and site construction in unincorporated Madison County subdivisions must follow the state's erosion-control manual and secure ADEM permits before work begins. Section 5.4 makes the Developer solely responsible for erosion control and for proof of ADEM approval, while Section 4.3.8(2)(j) requires construction plans to detail silt fences, hay bale dikes and other temporary and permanent measures.

City-specific rules exist: Huntsville has its own erosion control rules that differ from Madison County's county-level regulations. If you live in Huntsville, check the city-specific page instead.

Section 5.4. Construction Requirements. Construction of all roads shall meet the minimum requirements of these Regulations and conform to the latest published edition of the Alabama Department of Transportation's "Standard Specifications for Highway Construction." All best management practices shall be designed and/or installed per the "Alabama Handbook for Erosion Control, Sediment Control and Stormwater Management on Construction Sites and Urban Areas", latest edition. The Developer shall be responsible for all Erosion control in accordance with ADEM guidelines. The Developer shall be responsible for securing any required permits by ADEM. The Developer shall provide proof to the County prior to Proposed Plat approval that all required permits or approvals from ADEM have been appropriately requested and supported.

Full Breakdown

Madison County folds erosion and sediment control into its Subdivision Regulations rather than a standalone ordinance, since the county has no zoning code to house one. 4, Construction Requirements, ties every road-building project to the state manual: best management practices must be designed and installed per the Alabama Handbook for Erosion Control, Sediment Control and Stormwater Management on Construction Sites and Urban Areas, and the Developer, not the County, is responsible for erosion control in accordance with ADEM guidelines and for securing any ADEM permit the project needs.

The Developer must hand the County proof that all required ADEM permits or approvals have been requested and supported before the Proposed Plat can even be approved. 8(2)(j) requires the Applicant to show the location, description and details of every temporary and permanent erosion and sedimentation control measure to be used, naming silt fences, silt dikes, hay bale dikes, construction entrances, siltation ponds and permanent ground cover, plus a schedule for installing and finally stabilizing each one. 8 separately requires drainage ditches, swales and detention or retention ponds to be sodded for erosion control, though the County Engineer may approve hydroseed or fiber netting with Bermuda seed as a written, engineer-certified alternative to sod. All of this applies at the subdivision-plat stage; a project that never goes through platting is not reached by these Regulations.

Violations & Fines

Section 2.3.2 subjects any violation of these Regulations, including the Section 5.4 erosion-control and ADEM-permit requirements, to the fine set by Code of Alabama § 11-24-3 et seq., and lets the County sue to enjoin noncompliant construction. The County Engineer, who enforces the Regulations under Section 2.3, will not certify improvements or recommend Final Plat approval where required erosion-control measures or ADEM permits are missing.

Frequently Asked Questions

Does Madison County require an ADEM permit for construction runoff?
Yes. Section 5.4 makes the Developer responsible for securing any ADEM permit the project needs and for proving to the County that the required ADEM approvals have been requested and supported before the Proposed Plat can be approved.
What erosion control measures must a subdivision's construction plans show?
Section 4.3.8(2)(j) requires the plans to detail every temporary and permanent measure to be used, naming silt fences, silt dikes, hay bale dikes, construction entrances, siltation ponds and permanent ground cover, along with a schedule for installing and stabilizing them.
Can a developer skip sodding drainage ditches?
Only with written approval. Section 5.4.8 requires ditches, swales and detention or retention ponds to be sodded, but the County Engineer may approve hydroseed or fiber netting with Bermuda seed if the developer's engineer certifies it is sound engineering practice.
Who enforces erosion control on Madison County subdivisions?
The County Engineer enforces the Subdivision Regulations under Section 2.3 and reports violations to the Commission; a plat lacking required erosion control or proof of ADEM permitting is not approved for recording with the Probate Judge.

Sources & Official References

Other rules in Madison County

All Madison County rules

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