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Novato, CA Environmental Rules: Erosion Control (2026)

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

Key Facts

Plan required
Erosion and sediment control plan for any grading permit project
Plan approver
Authorized enforcement official (city manager or designee)
Banned material
BMP products containing plastic monofilament netting
Implementation
Year round, updated as site conditions change
Financial security
Letter of credit, cash deposit or performance bond
Stop-work power
Written notice halts work until the official authorizes resumption
Adopted by
Ordinance No. 1600, June 16, 2015

Summary

In the City of Novato, California, anyone doing soil-disturbing construction must put erosion and sediment controls in place under section 7-4.10c. A written erosion and sediment control plan is required for every project needing a grading permit under Chapter VI and for other projects with significant erosion potential, and the approved plan is a condition of the permit.

c.Best management practices for construction activity, new development and redevelopment.1.Any person performing construction activities in the city shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools and equipment from entering the storm drain system or watercourse.2.Construction-phase BMPs include erosion and sediment controls and pollution prevention practices. ... The use of erosion and sediment control BMP products that contain plastic monofilament netting shall not be allowed. ... 7.Erosion and sediment control plan requirements:(a)An erosion and sediment control plan (ESCP) shall be required for:(1)Any project subject to a grading permit under chapter VI excavations and fills; ... (d)Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading permit, or other permit issued by the city for a project subject to this section. The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site.

Full Breakdown

Section 7-4.10c of the Novato Municipal Code, part of the Urban Runoff Pollution Prevention Ordinance adopted by Ordinance No. 1600 on June 16, 2015, requires any person performing construction activities in the city to implement appropriate best management practices so construction wastes and contaminants from materials, tools and equipment stay out of the storm drain system and watercourses. Section 7-4.3 defines construction activity as any soil disturbing activity, including clearing, paving, grading, stockpiling and excavation.

Construction-phase BMPs cover erosion control, sediment control and pollution prevention. For erosion control the code lists scheduling and timing of grading, timely revegetation of graded areas, hydroseed and hydraulic mulches, and erosion control blankets. For sediment control it lists properly sized detention basins, dams or filters and construction entrances that stop tracking of sediment onto adjacent streets. Erosion and sediment control products containing plastic monofilament netting are not allowed.

An erosion and sediment control plan (ESCP) is required for any project subject to a grading permit under Chapter VI, for any building or other permit project with potential for significant erosion or significant non-stormwater discharges of sediment, and for any other project the authorized enforcement official designates after considering hillside soil disturbance, rainy season construction or work near a creek or drainageway. The authorized enforcement official, defined in section 7-4.3 as the city manager or a duly authorized official, reviews and approves the plan. Applicants follow the MCSTOPPP Construction Erosion and Sediment Control Plan Applicant Package. At a minimum the ESCP describes the project, lists site-specific BMPs with the rationale for each, names applicable permits such as the state construction general permit, and proves those permits were obtained before approval. Projects under the construction general permit can submit a SWPPP instead of an ESCP.

The approved ESCP is a condition of the building permit, grading permit or other city permit, must be implemented year round, and must be updated as site conditions change. The city can also require financial security, in the form of an irrevocable letter of credit, cash deposit or performance bond, for temporary stormwater pollution controls during and after construction.

Violations & Fines

Under section 7-4.10c.4, when work proceeds contrary to section 7-4, the authorized enforcement official can serve written notice and the work stays stopped until the official authorizes it to proceed. Section 7-4.13 makes a violation a misdemeanor, or an infraction at the enforcement authority's discretion, with fines limited by Government Code sections 36901 and 36900, and each day is a separate offense. Section 7-4.12 declares violations a public nuisance, with abatement costs, including staff time and attorney's fees, becoming a lien on the premises.

Frequently Asked Questions

Do I need an erosion control plan for a Novato grading permit?
Yes. Section 7-4.10c.7 requires an erosion and sediment control plan for any project subject to a grading permit under Chapter VI, Excavations and Fills. The authorized enforcement official reviews and approves it, and implementation of the approved plan is a condition of the grading permit, building permit or other permit issued by the city.
Can a state SWPPP replace the city's plan?
For projects subject to the state's construction general permit, section 7-4.10c.7(c) lets applicants submit a stormwater pollution prevention plan developed under that permit in place of an ESCP. The ESCP list of permits, including Clean Water Act Section 404 and 401 approvals and Streambed Alteration Agreements, still has to be proven before approval of the plan.
Which erosion control measures does Novato name?
Section 7-4.10c.2 names scheduling and timing of grading activities, timely revegetation, hydroseed and hydraulic mulches and erosion control blankets for erosion control, plus detention basins, dams, filters and construction entrances for sediment control. Products containing plastic monofilament netting are not allowed, and the BMPs must be customized to the site using up-to-date standards.
What triggers an ESCP on a project that has no grading permit?
Section 7-4.10c.7(a) also requires one for any building or other permit project with potential for significant erosion or sediment discharges, and for any project the authorized enforcement official designates. The official considers hillside soil disturbance, rainy season construction, construction near a creek or an intermittent or ephemeral drainageway, and similar conditions.

Sources & Official References

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