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Shawnee County, KS Environmental Rules: Erosion Control (2026)

Significant Restrictions

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

Key Facts

Trigger: any soil disturbance or vegetation removal
Required plan: approved SWP3 before construction starts
BMP inspection: monthly, plus after 0.25" rain
Plan fix deadline: 7 days after inspection finding
Fine range: $500-$1,500 per day
Enforcement tool: stop-work order at the site

Summary

Any construction site in unincorporated Shawnee County that disturbs soil or removes vegetation must implement an approved stormwater pollution prevention plan under General Code Sec. 23-194, using best management practices to stop silt, sediment, concrete washout and mud from leaving the site or reaching public streets.

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

(a)General requirements for construction sites. The owner of a site of construction activity shall be responsible for compliance with the requirements of this article.(1)Solid waste, industrial waste, yard waste, and any other pollutants or waste on any construction site shall be controlled through the use of best management practices. Waste or recycling containers shall be provided and maintained by the owner or contractor on construction sites where there is the potential for release of waste. Uncontained waste that may blow, wash, or otherwise be released from the site is prohibited...(3)Best management practices shall be implemented to prevent the release of silt and sediment from construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed, and construction site entrances shall be managed to prevent mud and sediment tracking. Noticeable mud/sediment tracked onto public streets shall be removed immediately.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 1).

Full Breakdown

Sec. 23-194(a) makes the site owner responsible for controlling 'solid waste, industrial waste, yard waste, and any other pollutants or waste' through best management practices, requires waste or recycling containers wherever a release is possible, bars uncontained waste that could 'blow, wash, or otherwise be released from the site,' and separately bans releasing ready-mixed concrete or asphalt washout anywhere off the construction site. ' Subsection (b) requires a standalone approved stormwater pollution prevention plan (SWP3) for any site, other than a subdivision, where construction will disturb soil or remove vegetation; the property owner is responsible for implementing it and notifying every contractor and utility on site.

Subsection (c) applies a parallel SWP3 requirement to subdivision developments, covering sewer, storm drainage, waterline, street, and home construction phases, and (d) spells out what the plan must contain: existing natural resources, BMP installation and maintenance timing, and final-stabilization vegetative cover, plus an inspection duty. The owner or representative must inspect every BMP at least monthly and within one business day after any rainfall of a quarter inch or more, and complete any needed modification within seven days. Sec. 23-195(e)(1) authorizes the county to shut a noncompliant site down with a stop-work order posted at the site.

Violations & Fines

Under Sec. 23-195, the director of public works can issue a stop-work order barring further construction or occupancy inspections, order the sheriff to block ingress and egress from a site tracking mud onto public roads, and enter the site to abate a violation directly, billing the owner. Criminal penalties under Sec. 23-195(f) run $500.00 to $1,500.00 per day of continuing violation.

Frequently Asked Questions

Do I need an erosion control plan to build in unincorporated Shawnee County?

Yes, if the project disturbs soil or removes vegetation. General Code Sec. 23-194(b) requires an approved stormwater pollution prevention plan (SWP3) before construction activity begins on any site other than subdivisions, which fall under the parallel SWP3 rule in Sec. 23-194(c).

How often do I have to inspect erosion controls on a job site?

Sec. 23-194(d)(2)(b) requires the owner or a representative to inspect every best management practice at least once a month and again within the next business day after any rainfall of a quarter inch or more, then fix any deficiency within seven days.

What if mud gets tracked onto the public street from my site?

Sec. 23-194(a)(3) requires it to be removed immediately, and Sec. 23-195(e)(3) lets the county certify repeat offenders to the sheriff, who can block a site's public-road access until the tracking is cleaned up and BMPs are fixed.

What penalties apply for erosion control violations?

Sec. 23-195(f) sets fines of $500.00 to $1,500.00, with each day of a continuing violation counted separately, and the director can also issue a stop-work order that bars further construction or occupancy approval at the site.

Sources & Official References

[1]Shawnee County, KS Code of Ordinances - Municode Library

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