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Davis County, UT Environmental Rules: Stormwater Management (2026)

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

Key Facts

Critical flood area default
100 feet from a designated drainage channel
Development permit needed
before recording a subdivision plat in the area
Construction permit needed
before construction begins in the area
Enforcing office
Davis County Flood Control Department
Appeal board
5 members, 3 must be qualified by training
Unpermitted dumping notice
10 days to remove before county acts

Summary

Unincorporated Davis County requires a development permit before recording any subdivision plat, and a construction permit before any building work begins, inside a critical flood area: land within 100 feet of a designated creek, canal or drainage channel unless the official flood control map sets a different boundary. Both permits come from the Flood Control Department.

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

Before any subdivision plat which contains property located within the critical flood area is recorded, a development permit shall be obtained from Davis County. As defined in this section "critical flood area" is the area designated on the official flood control base map, or where no area is defined on the official flood control base map, it is the area within one hundred (100) feet of any of the drainage systems or facilities identified in Section 12.04.010. Application for a development permit shall be made on forms furnished by the Davis County Flood Control Department... Before any construction begins within any "critical flood area," as that term is defined in Section 12.04.020, a construction permit shall be obtained from Davis County. Application for a construction permit shall be made on forms furnished by the Davis County Flood Control Director and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

Full Breakdown

Davis County Code Chapter 12.04 lists more than two dozen named channels, including Farmington Creek, Holmes Creek, Kays Creek, Parrish Creek and the stretch of the Weber River within the county, as the county's designated Storm Drainage and Flood Control System (Section 12.04.010). Anywhere the official flood control map does not otherwise define a boundary, the critical flood area defaults to the 100 feet on either side of one of those channels (Section 12.04.020). Before a subdivision plat inside that area can be recorded, the subdivider must obtain a development permit from the county on forms supplied by the Flood Control Department, with plans drawn to scale showing structures, fill and drainage facilities; the Flood Control Director then identifies any easements or rights-of-way the county needs (Sections 12.04.020, 12.04.040).

Before construction itself begins, a separate construction permit is required under the same application standard (Section 12.04.030). This chapter does not replace the illicit-discharge and erosion-control standards of Chapter 14.24; both apply together (Section 12.04.070). Disputes go to a five-member Board of Appeals, at least three of whom must be qualified by training or experience in flood control matters; the County Commission appoints the board, and a party aggrieved by its decision may appeal to the Davis County District Court (Section 12.04.050).

Violations & Fines

Dumping garbage, brush, dirt or any other material in a critical flood area without a permit is unlawful (Section 12.04.060). The county can remove obstructions from the designated channels itself, but must first give written notice; if the violator does not clear the channel within ten days, the county removes it and recovers its costs and expenses from the responsible party, or sues to abate the nuisance (Section 12.04.080).

Frequently Asked Questions

Does Davis County require a permit to build near a creek?
Yes. Inside the critical flood area, defined as within 100 feet of one of the county's designated drainage channels such as Farmington Creek or Kays Creek unless the flood control map says otherwise, you need a development permit before recording a subdivision plat and a construction permit before building begins, both issued by the Flood Control Department under Sections 12.04.020 and 12.04.030.
What happens if I don't get a permit before dumping fill in a drainage channel?
It is unlawful under Section 12.04.060. The county can give you written notice to remove the material; if you miss the ten-day deadline, Davis County removes it at your expense and can recover its costs, or pursue a separate nuisance abatement action against you.
Who decides an appeal of a flood control permit denial?
A five-member Board of Appeals, appointed by the Davis County Commission, hears flood-control appeals; at least three members must be qualified by training or experience. Its decisions go in writing to the Flood Control Director and the appellant, and anyone still aggrieved may appeal further to the Davis County District Court under Section 12.04.050.

Sources & Official References

Other rules in Davis County

All Davis County rules

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