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Santa Clara, CA Environmental Rules: Erosion Control (2026)

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

Key Facts

Core duty
BMPs required all construction phases
Acreage threshold
1+ acre disturbed triggers NOI/SWPPP
Plan required
City-approved erosion/sediment control plan
Max penalty
$10,000 per day
Adopted
Ord. 2072, Oct. 22, 2024

Summary

Santa Clara Municipal Code § 13.20.050 requires every construction site owner and operator to run erosion, sediment, and nonstormwater controls through every phase of work, from grading to landscaping, until the site is fully stabilized, then remove temporary controls. Sites disturbing one acre or more must also file a state Notice of Intent and maintain a site-specific stormwater pollution prevention plan.

(a) All construction site owners/operators shall implement and maintain adequate and effective erosion control, runon and runoff control, sediment control, active treatment systems (as appropriate), dewatering, good site management, and nonstormwater management through all phases of construction (including, but not limited to, grubbing, clearing, site grading, filling, excavation, leveling, building, landscaping, and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. All temporary erosion and sediment control measures shall be removed upon completion of construction. ... (c) Owners/operators of all construction sites that disturb one acre or more of soil shall file a notice of intent (NOI) for permit coverage under the construction general permit and ensure that a site-specific stormwater pollution prevention plan (SWPPP) is developed, and amended as necessary, by a qualified SWPPP developer. The owner/operator shall provide evidence of permit coverage prior to the issuance of building, grading, demolition, or site improvement permits.

Full Breakdown

050(a) requires all construction site owners and operators to implement and maintain adequate and effective erosion control, runon and runoff control, sediment control, active treatment systems where appropriate, dewatering, good site management, and nonstormwater management through every phase of construction, including grubbing, clearing, grading, filling, excavation, leveling, building, landscaping, and finishing of lots, until the site is fully stabilized by landscaping or permanent erosion control measures; temporary measures must then be removed. Subsection (b) requires owners and operators to submit an erosion and sediment control plan for City review and approval, built from seasonally appropriate best management practices (BMPs) described in the City's Municipal Regional Stormwater NPDES Permit (MRP).

Subsection (c) raises the bar for larger sites: any site disturbing one acre or more of soil must file a Notice of Intent (NOI) for coverage under the state construction general permit and develop a site-specific Stormwater Pollution Prevention Plan (SWPPP) through a qualified developer, with evidence of permit coverage due before the City issues building, grading, demolition, or site improvement permits. Subsection (d) requires owners and operators to give City representatives access to inspect BMPs before ground disturbance, during construction, and after completion, and to produce the SWPPP and permit coverage evidence on request. 070, with citation authority held by the City Manager or designated agents.

Violations & Fines

Failing to implement or maintain adequate, effective BMPs, or to follow the approved erosion and sediment control plan or SWPPP, is a violation of Chapter 13.20 under § 13.20.050(d), and the site owner must correct it within a City-set deadline. § 13.20.170 backs that duty with administrative penalties of up to $1,000 per violation and $10,000 per day, and § 13.20.180 lets the City recover attorneys' fees and enforcement costs from the violator.

Frequently Asked Questions

Do small home remodels in Santa Clara need an erosion control plan?
Yes, on a lesser scale. § 13.20.050(a)-(b) requires every construction site, regardless of size, to maintain erosion and sediment control measures and submit a City-approved erosion and sediment control plan; only sites disturbing one acre or more face the added state NOI and SWPPP requirement under subsection (c).
When does a Santa Clara project need a stormwater pollution prevention plan (SWPPP)?
Once the site disturbs one acre or more of soil. § 13.20.050(c) requires those owners to file a Notice of Intent for the state construction general permit and develop a site-specific SWPPP before the City will issue building, grading, demolition, or site improvement permits.
What happens if a builder lets sediment wash off a Santa Clara construction site?
It is a violation of § 13.20.050(d), requiring correction within a City-set deadline, and the City can assess administrative penalties up to $1,000 per violation and $10,000 per day under § 13.20.170 plus recover its enforcement costs under § 13.20.180.

Sources & Official References

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