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Benton County, OR Environmental Rules: Stormwater Management (2026)

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

Key Facts

Trigger
0.25 acre (10,890 sq ft) of new/replaced impervious surface
Applies to
All land development in unincorporated Benton County
Cumulative counting
Impervious surface totaled since March 1, 2023
Plan requirement
Stamped by an Oregon-licensed engineer or engineering geologist
Maintenance
Long-Term Maintenance Agreement required before permit issues
Enforcement
Civil infraction under Chapter 31 (BCC 99.680)

Summary

Any new development or redevelopment in unincorporated Benton County that creates or replaces a quarter acre (10,890 square feet) or more of impervious surface needs a Post-Construction Stormwater Permit under BCC § 99.670 before ground-disturbing work starts. The permit requires the property owner to design stormwater detention and treatment to the county's Stormwater Support Documents and sign a long-term maintenance agreement, and smaller projects on the same property count toward that threshold cumulatively.

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

(1)Purpose. Establish stormwater management requirements and controls to protect and safeguard the health, safety, welfare, financial investment in public and private infrastructure, and private property value, and minimize flooding and sedimentation in areas where structural and non-structural stormwater management is required to improve water quality and manage post construction runoff from new development and redevelopment projects that result in the creation or replacement (re-development) of 0.25 acres (10,890 square feet) or more of impervious surface.(2)Applicability. Land development within unincorporated Benton County shall comply with the requirements of this section.(3)Permit Required. A property owner increasing or replacing the impervious surface on a property shall comply with this section and the technical standards outlined in the Stormwater Support Documents.

Full Breakdown

BCC § 99.670 is Benton County's post-construction stormwater rule, adopted to protect water quality and prevent flooding and sedimentation from runoff created by new development and redevelopment. It applies to all land development within unincorporated Benton County. A property owner must obtain a Post-Construction Stormwater Permit before any ground-disturbing activity if the project needs another county permit or review and the proposed new or replaced impervious surface, combined with the cumulative total of impervious surface established on the property since March 1, 2023, reaches 0.25 acre (10,890 square feet) or more; a project below that threshold on its own still counts toward the running cumulative total. Roads, driveways, structures, and site work such as a septic drainfield or landscaping all count as triggering activity.

The application must include a stormwater site plan stamped by an Oregon-licensed engineer or engineering geologist, designed to the county's Stormwater Support Documents, plus the fee set by the Board of Commissioners, and the property owner must sign a Stormwater Management Facilities Long-Term Maintenance Agreement before the County Engineer will issue the permit under 99.670(4)(c) and (6). For a subdivision or partition, the stormwater plan must address all impervious surface the whole project will eventually create, with maximum impervious area recorded as a deed restriction or on the plat, and detention and treatment for full buildout designed before final plat approval. Some activities are exempt, including accepted farm practices, agricultural buildings outside the county's MS4 area, and Oregon Forest Practices Rules activities, though forestry land reverts to permit-required status if it is not replanted to state stocking standards.

Violations & Fines

BCC § 99.680 makes every violation of the stormwater provisions, including ground disturbance without an approved Post-Construction Stormwater Permit or a failure to meet a permit condition, a civil infraction enforced under BCC Chapter 31. Beyond the standard Chapter 31 process, the county can refuse to accept a land use application, suspend or revoke an active land use authorization, or withhold building permit approval and occupancy on the noncompliant property.

Frequently Asked Questions

When does a Benton County project need a Post-Construction Stormwater Permit?
When the project creates or replaces 0.25 acre (10,890 square feet) or more of impervious surface, counting cumulatively with impervious surface added on the property since March 1, 2023. BCC § 99.670 requires the permit before ground-disturbing activity starts on any project of that size in unincorporated Benton County.
Who has to design the stormwater plan for a Benton County permit?
BCC § 99.670(4)(a)(D) requires the Post-Construction Stormwater Management Plan to be designed, stamped, and signed by an engineering geologist or engineer licensed in the State of Oregon, prepared to the standards in the county's Stormwater Support Documents as interpreted by the County Engineer.
What is exempt from the Benton County stormwater permit?
BCC § 99.670(3)(b) exempts accepted farm practices, agricultural buildings located outside the county's MS4 area, emergency measures to protect life or property, mining under a state permit, and Oregon Forest Practices Rules activities, though forest land loses that exemption if it is not replanted to state stocking standards.
What happens if I disturb ground without a stormwater permit in Benton County?
BCC § 99.680 makes it a civil infraction enforced under Chapter 31, and the county can also refuse to accept a land use application, suspend or revoke an existing land use authorization, or withhold a building permit or occupancy approval on the property until compliance is achieved.

Sources & Official References

Other rules in Benton County

All Benton County rules

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