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Washington County, MN Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing section
Development Code Ch. 3, Sec. 10.4
Stabilize inactive soil after
14 or more days
Sedimentation basin required above
10 acres disturbed at once
Basin minimum depth
3 feet
Soil pile setback from roadway
25 feet
Pile stabilization required after
7 days if remaining

Summary

Washington County requires erosion and sediment control on construction sites under Development Code Chapter Three, Section 10.4. Bare disturbed ground left inactive 14 or more days must be stabilized, and sites disturbing 10+ acres need a sedimentation basin while smaller sites use silt fences or straw bales.

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

10.4 Erosion Control During Construction. (1) Erosion control shall be implemented in accordance with the recommended practices of the Washington Conservation District and the applicable Watershed Management Organization. All Best Management Practices shall be consistent with the Minnesota Construction Site Erosion and Sediment Control Planning handbook. (2) The following criteria apply only to construction activities that result in runoff leaving the site: ... (C) All disturbed ground left inactive for fourteen (14) or more days shall be stabilized by seeding or sodding (prior to September 15) or by mulching, covering or other equivalent control measure. (D) For sites with more than ten (10) acres disturbed at one time, or if a channel originates in the disturbed area, one (1) or more temporary or permanent sedimentation basins shall be constructed.

Full Breakdown

Section 10.4 of the county's Development Code, Chapter Three (Subdivision Regulations), governs erosion control during construction in the unincorporated areas and townships the county regulates directly. Erosion control must follow the recommended practices of the Washington Conservation District and the applicable Watershed Management Organization, and all Best Management Practices must be consistent with the Minnesota Construction Site Erosion and Sediment Control Planning handbook.

The rules apply to construction activities producing runoff that leaves the site. Channelized runoff from adjacent areas passing through a site must be diverted around disturbed areas where practical; sheetflow runoff from adjacent areas over 10,000 square feet must be diverted unless shown to produce resultant runoff of less than 0.5 feet per second across the disturbed area for the one-year storm. Grading must proceed in a logical sequence to minimize exposed bare soil, and the limits of grading must be shown on the erosion control plan. Any disturbed ground left inactive 14 or more days must be stabilized by seeding or sodding (before September 15) or by mulching, covering, or an equivalent control measure.

Sites disturbing more than 10 acres at one time, or where a channel originates in the disturbed area, need one or more sedimentation basins with a surface area of at least 1 percent of the drainage area and at least 3 feet of depth, with sediment removed to maintain that 3-foot depth. Sites disturbing less than 10 acres at one time must instead use silt fences, straw bales, or equivalent measures along sideslope and downslope edges, with a required maintenance and inspection schedule. Soil storage piles holding more than 10 cubic yards must sit at least 25 feet from a roadway or drainage channel; piles remaining more than 7 days must be stabilized with mulch, vegetative cover, or tarps, while shorter-duration piles need straw bales or silt fence barriers. In-street utility repair or construction soil piles closer than 25 feet to a roadway or drainage channel must be tarped if exposed more than 7 days, and storm drain inlets must be protected with straw bales or comparable filtering barriers.

Violations & Fines

The Development Code ties erosion control compliance to plat and permit approval rather than a standalone fine schedule: Section 11.1 bars any improvement or construction within a subdivision until preliminary plat approval, a signed development agreement, and a posted financial guarantee are in place with the township and county. Washington County Community Development staff inspect erosion control measures like silt fences and sedimentation basins for compliance with the required maintenance and inspection schedule, and can require corrective action, additional controls, or withhold further plat or permit approval until deficient erosion control is fixed.

Frequently Asked Questions

When does Washington County require a sedimentation basin instead of silt fences?
Under Section 10.4(2)(D), a sedimentation basin is required once a site disturbs more than 10 acres at one time, or where a channel originates in the disturbed area. Smaller sites under 10 acres use silt fences, straw bales, or equivalent perimeter controls instead, per subsection (E).
How long can disturbed soil sit exposed on a Washington County construction site?
Section 10.4(2)(C) requires disturbed ground left inactive for 14 or more days to be stabilized by seeding or sodding, done before September 15, or by mulching, covering, or another equivalent control measure to prevent erosion.
Do these erosion control rules apply inside Stillwater or Woodbury?
No. Washington County's Development Code governs unincorporated areas and townships. Stillwater, Woodbury, Oakdale, Cottage Grove, and Forest Lake are incorporated cities that adopt and enforce their own erosion control standards separately from the county code.

Sources & Official References

Other rules in Washington County

All Washington County rules

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