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Kern County, CA Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit required
Nearly all excavation or fill work (Section 17.28.040)
Key exemptions
Routine agricultural activity, minor oilfield grading
Erosion measures
Slope protection, check dams or riprap (17.28.140)
Stormwater plan
SWPPP with BMPs required on every grading plan
Penalty
Up to $1,000 fine and six months in jail

Summary

Unincorporated Kern County requires a grading permit before any excavation or fill under Section 17.28.040 of the Grading Code, and Section 17.28.140 then makes erosion control mandatory on every permitted site: protected slopes, check dams or riprap where needed, daily temporary drainage and dust control, and a Stormwater Pollution Prevention Plan with best management practices from the county's Development Standards.

City-specific rules exist: Bakersfield, and Ridgecrest have their own erosion control rules that differ from Kern County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

17.28.040 - Permits required. A.General. Except as specified in Section 17.28.040(B) (exempted work), no person shall do any grading or cause the same to be done without first having obtained a grading permit from the building official. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any grading which modifies or obstructs a natural drainage course without a grading permit.

17.28.140 - Erosion control. A.Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting... D.Best Management Practices. All grading plans must include a Stormwater Pollution Prevention Plan that at a minimum, includes the best management practices (BMPs) detailed in Division 10 of the Kern County Development Standards.

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 59 Update 1).

Full Breakdown

040 requires that "no person shall do any grading or cause the same to be done without first having obtained a grading permit from the building official," with exemptions carved out for things distinctive to Kern's landscape: routine agricultural activities like mowing, plowing, ditching and disking; accepted oilfield drilling-pad and sump grading; small excavations under two feet deep; and fills under 50 cubic yards on flat ground. 140 imposes the county's actual erosion-control standards: cut and fill slope faces must be prepared and maintained against erosion, often through planting, installed "as soon as practicable" and before final approval; check dams, cribbing or riprap must be used "where necessary"; temporary drainage and erosion control must be provided at the end of each work day so channels aren't blocked, with dust control applied to all graded areas; and every grading plan must include a Stormwater Pollution Prevention Plan incorporating the BMPs detailed in Division 10 of the Kern County Development Standards.

050 adds a hazard-abatement backstop: the building official can order an owner to repair or eliminate any excavation, embankment or fill that becomes a hazard to life, property, or a public way or drainage channel, and that duty follows the property to a new owner even if the original grading predates their ownership. 170 requires all permitted grading to be inspected by the building official, with engineered grading also professionally inspected by the project's civil engineer, soils engineer and engineering geologist, who must report any discrepancy from the approved plans immediately in writing.

Violations & Fines

Grading without a permit, or ignoring a building official's order under Section 17.28.050 to repair a hazardous cut, fill or embankment, exposes the owner to Title 17's general misdemeanor penalty: up to $1,000 and six months in county jail under Section 17.04.200, with each day a separate offense, plus public nuisance abatement. That liability follows the land, so a new owner inherits responsibility for a predecessor's unpermitted or non-conforming grading.

Frequently Asked Questions

When does Kern County require a grading permit?
Section 17.28.040 requires a grading permit for essentially all excavation or fill work, with narrow exemptions such as small footings under an existing building permit, agricultural land preparation, minor oilfield drilling-pad grading, and cuts or fills under set size thresholds, like a fill under 50 cubic yards and one foot deep on flat ground.
What erosion control measures does the county actually require on a graded site?
Section 17.28.140 requires protecting cut and fill slopes against erosion, often by planting, installing check dams, cribbing or riprap where needed, applying temporary drainage and dust control at the end of each work day, and including a Stormwater Pollution Prevention Plan with best management practices from the county's Development Standards on every grading plan.
What if grading was done years ago without a permit?
Section 17.28.050 makes the current owner responsible for obtaining a proper grading permit and fixing any hazard even if the unpermitted work predates their ownership, and lets the building official order repair or elimination of any excavation, embankment or fill that has become a hazard to life, property or drainage.
Who inspects grading work and when?
Section 17.28.170 requires all permitted grading to be inspected by the building official, with engineered grading also professionally inspected by the project's civil engineer, soils engineer and engineering geologist at each construction stage, and any discrepancy from the approved plans reported immediately in writing.

Sources & Official References

Other rules in Kern County

All Kern County rules

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