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Palm Beach Gardens, FL Environmental Rules: Erosion Control (2026)

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

Key Facts

Standard
Erosion held to a minimum during development
Abandonment trigger
Cleared land idle over six months
City remedy
City reseeds and bills owner if ignored
Related permit
Clearing requires a section 78-303 permit

Summary

Section 78-323 of the Palm Beach Gardens Code requires soil erosion on a development site to be controlled and held to a minimum during all development activities. If cleared ground sits abandoned for more than six months after an approved site plan permitted the clearing, the city can force reseeding, and will do the work itself at the owner's expense if the owner refuses.

Soil erosion shall be controlled and held to a minimum during all development activities. Areas in which vegetation or ground cover has been allowed to be removed pursuant to an approved site plan and subsequently abandoned for any reason for more than six months shall be seeded with a ground cover or grass immediately upon request by the city, or the city shall have the work done at the owner's expense.

Full Breakdown

Section 78-323, part of the city's landscaping and land-clearing article, sets a general performance standard rather than a numeric erosion limit: erosion must be controlled and held to a minimum throughout every development activity covered by chapter 78, from initial grubbing and grading through construction. The trigger provision addresses the common failure mode the growth management department sees on stalled projects. When vegetation or ground cover has been removed under an approved site plan and the site is then abandoned, for any reason, for more than six months, the property must be reseeded with ground cover or grass immediately upon the city's request.

If the owner does not act, section 78-323 authorizes the city to perform the seeding work itself and bill the owner for the full cost, giving code enforcement a self-help remedy instead of relying only on citations. Because this section sits inside the same article that requires a permit before any clearing, grubbing, or tree removal under section 78-303, an erosion complaint on an active or stalled site typically starts with a records check for the approved site plan and clearing permit, then moves to a site inspection by the city forester or growth management staff before the six-month abandonment clock and reseeding demand come into play.

Violations & Fines

Failure to control erosion or to reseed an abandoned, cleared site after the city's request is enforced under section 78-302's general violation provisions for this article, and each affected square yard of exposed, uncontrolled ground can be treated as a separate violation. Beyond a code enforcement citation, section 78-323 gives the city a direct remedy: it may have the reseeding work performed by its own contractors and charge the full cost back to the property owner.

Frequently Asked Questions

What triggers a soil erosion violation in Palm Beach Gardens?
Section 78-323 is triggered when a site cleared under an approved site plan is abandoned, for any reason, for more than six months without being reseeded. The general duty to control erosion during development also applies continuously, so ongoing washouts or sediment leaving an active construction site can be cited before the six-month mark.
Who pays if the city has to reseed my abandoned lot?
You do. Under section 78-323, if the property owner does not reseed a cleared, abandoned site after the city requests it, the city can have the work done and charge the owner for the full cost of the reseeding.
Does this section set a numeric erosion or sediment limit?
No. Section 78-323 sets a general duty to control and minimize erosion during development activities rather than a numeric sediment threshold; the specific mandatory remedy it spells out is reseeding abandoned cleared ground after six months of inactivity.

Sources & Official References

Other rules in Palm Beach Gardens

All Palm Beach Gardens rules

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