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Bessemer, AL Environmental Rules: Stormwater Management (2026)

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

Key Facts

Enforcing agency
City stormwater official
Permit trigger
Any land-disturbing activity
Fine range
$100.00 to $500.00 per day
Max jail term
180 days
Appeal body
Building Appeals Board
Notice before work
5 business days

Summary

Bessemer declares any unauthorized discharge into its storm sewer system a public nuisance under Code of Ordinances § 50-104. Anyone disturbing soil for construction, grading, or land clearing needs a permit from the city's stormwater official or an ADEM NPDES authorization first. Only listed discharges such as lawn watering and footing-drain water stay legal without one.

(a)Any discharge of stormwater made in violation of this article or of any condition of a permit issued pursuant to this article is hereby declared a public nuisance and shall be subject to correction and/or abatement in accordance with applicable law.(b)The following direct or indirect discharges into the MS4 are allowable under the terms of this article unless determined by the official to be a source of contamination to the community water: landscape irrigation; uncontaminated water from foundation and footing drains; discharges from springs; lawn watering; and discharges from firefighting activities.

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: Republication).

Full Breakdown

Chapter 50, Article II governs the city's municipal separate storm sewer system (MS4). Section 50-41 requires a permit or an Alabama Department of Environmental Management (ADEM) NPDES authorization before any land-disturbing activity that could send sediment into the MS4, though home gardening, landscaping on an existing residential lot, and minor driveway grading are exempted under section 50-41(b)(4) and (5). 75-inch rainfall. Section 50-104 is the enforcement backbone: it declares any stormwater discharge made in violation of the article, or of a permit condition, a public nuisance subject to correction or abatement, while carving out landscape irrigation, foundation and footing-drain water, spring discharge, lawn watering, and firefighting runoff as allowable.

Violations move through section 50-108's notice of violation, compliance order, and cease-and-desist sequence before the city escalates. Section 50-109 makes noncompliance a misdemeanor, and section 50-110 lets the stormwater official sue in any court of competent jurisdiction for injunctive relief or damages to public stormwater facilities. Anyone cited can appeal to the Building Appeals Board under section 50-134, or petition that board for a variance under section 50-135 if strict compliance would create unnecessary hardship.

Violations & Fines

A stormwater violation is a misdemeanor under section 50-109, punishable by a fine of not less than $100.00 and not more than $500.00 and up to 180 days in jail, with each day of continued violation counted as a separate offense. The city can also terminate utility service, revoke a certificate of occupancy, or sue for injunctive relief and cost recovery under sections 50-108 and 50-110.

Frequently Asked Questions

Do I need a permit to regrade my yard in Bessemer?
Not for ordinary residential landscaping. Section 50-41(b)(4) and (5) exempt home gardens, landscaping on an existing residential lot, home repairs, and minor driveway or sidewalk grading from the land-disturbing-activity permit, as long as a builder or developer isn't doing the work on your behalf.
What can legally drain into Bessemer's storm sewers?
Section 50-104(b) lists landscape irrigation, uncontaminated water from foundation and footing drains, spring discharge, lawn watering, and firefighting runoff as allowable discharges into the MS4, unless the stormwater official determines a specific discharge is contaminating community waters, in which case it can be restricted case by case.
What happens if my construction site violates the stormwater rules?
The stormwater official issues a written notice of violation under section 50-108, followed by a compliance order or cease-and-desist order if the problem continues. Conviction is a misdemeanor carrying a fine of $100.00 to $500.00 and up to 180 days in jail, with each day a separate offense.
Can I appeal a stormwater enforcement order?
Yes. Section 50-134 lets anyone aggrieved by an order file a written notice of appeal with the Building Appeals Board, which can affirm, modify, or reject the order and may suspend it while the appeal is pending, and the board's decision can then be challenged in Jefferson County Circuit Court.

Sources & Official References

Other rules in Bessemer

All Bessemer rules

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