Madison County, IL Environmental Rules: Erosion Control (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.
(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?
Can I alter a drainage ditch on my subdivided property?
What happens if a developer skips the erosion control requirements?
Sources & Official References
Other rules in Madison County
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