Grading that disturbs one acre or more in unincorporated Madison County falls under ADEM's construction stormwater program, Chapter 335-6-12. Smaller earthwork is exempt from state registration, but drainage that damages a neighbor still creates civil liability.
Alabama has no statewide grading permit, so grading and drainage in unincorporated Madison County are governed mainly by ADEM's construction stormwater rules and by the county's own drainage and subdivision review. Any construction activity disturbing one acre or more must register under Admin. Code Chapter 335-6-12 and control runoff. Sites under an acre that are not part of a larger common plan are not required to register with ADEM, but subdivision plats reviewed by the county must show drainage that does not divert concentrated runoff onto adjoining tracts. On the ridges and hollows around Monte Sano and Huntsville, hillside grading concentrates runoff quickly, making downhill drainage disputes common.
Diverting concentrated stormwater onto a neighbor creates civil liability for drainage damage. Grading a one-acre site without ADEM registration draws state penalties and stop-work orders.
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