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

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

Key Facts

Governing section
Madison County Code § 92.033
Erosion control
Minimize exposed-soil time; use temp vegetation/mulch
Sediment control
Sediment/debris basins or silt traps required
Companion chapter
Ch. 114 stormwater drainage and detention
Max fine
$1,000 per § 92.999(C)
Ditch alteration
Needs County Engineer's written permission

Summary

Any land divided in unincorporated Madison County must control erosion and sedimentation during grading under County Code § 92.033. Subdividers must limit how long soil sits exposed, use temporary vegetation or mulch on cleared ground, and install sediment basins or silt traps before runoff leaves the site, tied to the county's separate stormwater drainage and sediment control ordinance.

These county ordinances apply to unincorporated areas of Madison County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(4) Erosion control. The design of every subdivision shall be consistent with the natural limitations presented by topography and soil so as to create the least potential for soil erosion. Soil shall be exposed for the shortest feasible period of time. Temporary vegetation or, where appropriate, mulching or other covering shall be used to protect exposed areas. (5) Sedimentation control. Appropriate devices, such as sediment basins, debris basins, desilting basins or silt traps, shall be installed and maintained to remove sediment from surface waters leaving the subdivision. (6) Requirements. All grading and sediment and erosion control shall conform with the requirements of the county stormwater drainage and detention and sediment control ordinance.

Full Breakdown

033, part of the Chapter 92 Subdivision Regulations administered by Planning & Development, sets the erosion and sediment control standard for any land divided in unincorporated Madison County. Before grading starts, the subgrade must be cleared of tree stumps, roots, brush and other objectionable material, then shaped, rolled and uniformly compacted; cuts must have stumps, boulders and other objectionable material removed to a depth of at least two feet below the graded surface. The section's design standard for erosion is explicit: the design of every subdivision must be consistent with the natural limitations presented by topography and soil so as to create the least potential for soil erosion, soil must be exposed for the shortest feasible time, and temporary vegetation, mulching or another covering is required to protect exposed ground while work is underway.

For sedimentation, the subdivider must install and maintain devices such as sediment basins, debris basins, desilting basins or silt traps to keep sediment out of surface water leaving the subdivision. 033(B)(6) folds this together with Chapter 114, the county's Stormwater Drainage and Detention and Sediment Control ordinance, so a construction site plan has to satisfy both the subdivision grading rule and the separate stormwater chapter before Planning & Development signs off. Existing trees of four inches or more in diameter, measured a foot above grade, should be kept and protected where the site plan allows it.

Ditches built to carry runoff need seeding, sodding, riprap, paving or comparable measures to stop bank erosion, and no subdivider may deepen, widen, fill or reroute an existing ditch, stream, drain, slough, retention basin or drainage channel without the County Engineer's written permission first.

Violations & Fines

Grading or erosion-control violations under Chapter 92 fall under the catch-all penalty at § 92.999(C): any violation of the subdivision regulations not otherwise listed carries a fine of up to $1,000. Section 92.999(D) preserves the county's right to pursue any other lawful enforcement action, including compliance orders through Planning & Development, on top of that fine.

Frequently Asked Questions

Does Madison County require erosion control on subdivision construction sites?
Yes. County Code § 92.033 requires every subdivision's grading to minimize soil erosion, limit how long soil stays exposed, and use temporary vegetation or mulching on cleared ground. It also requires sediment basins, debris basins or silt traps to keep sediment out of surface water leaving the site, tied to the county's separate stormwater drainage and sediment control ordinance in Chapter 114.
Can I alter a drainage ditch on my subdivided property?
No, not without permission first. Section 92.033(B)(4)(c) bars deepening, widening, filling or rerouting any existing ditch, stream, drain, slough, retention basin or drainage channel without the County Engineer's written permission, since the natural drainage system must be used as far as feasible for runoff.
What happens if a developer skips the erosion control requirements?
Violations of Chapter 92's subdivision regulations, including the § 92.033 grading and erosion rules, are fined up to $1,000 under § 92.999(C). The county can also pursue other lawful enforcement, such as court action, under § 92.999(D), in addition to that fine.

Sources & Official References

Other rules in Madison County

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