By most accounts, the most environmentally dangerous period of development is the initial construction phase when land is cleared of vegetation and graded to create a proper surface for construction. The removal of natural vegetation and topsoil makes the exposed area particularly susceptible to erosion, causing transformation of existing drainage areas and disturbance of sensitive areas.
The model ordinance in this section borrows language from the erosion and sediment control ordinance for Westchester County, New York, and also incorporates some additional features that might help prevent erosion and sedimentation and protect natural resources more fully. The model ordinance will need to be adapted to be broadly applied for several reasons. For example, some of the requirements might not be politically feasible or technically appropriate in all communities. In addition, the ordinance does not strongly correlate with the process by which building permits are granted because the process may vary between communities.
When you see this symbol, get more information to custom
tailor the ordinance to local conditions and authorities.
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In addition to the model ordinance, this section includes several other materials that might be useful in drafting an ordinance or as support material:
Erosion and Sediment Control Ordinance
from Minneapolis, MN
Provides a few technical guidelines and references an existing technical document. An example of a very strict
ordinance in terms of the sites that are required to submit sediment and erosion control plans.
WordPerfect Format (95KB, 16pages)
PDF Format (40KB, 16pages).
Clearing and Grading Ordinance from
Olympia, WA
An example of regulating clearing and grading separately from erosion and sediment control.
WordPerfect Format (66KB, 11pages)
PDF Format (28KB, 12pages).
Erosion and Sediment Control Inspection
Checklist from the Lower Platte South Natural Resources District, NE A good example of a tool that can
help contractors or government inspectors effectively maintain erosion and sediment control measures.
WordPerfect Format (65KB, 3pages)
PDF Format (9KB, 3pages).
Small site design guideline from the
Indiana Department of Natural Resources
An example of a small site guideline. For sites that are not regulated by the ordinance, guidance material like
this might help to reduce erosion and sedimentation.
WordPerfect Format (42KB, 8pages)
PDF Format (656KB, 7pages).
Pre-Construction Meeting Notice
from Montgomery County, MD
An example notice for a public meeting. Materials like this notice help support the ordinance language and ensure
that erosion and sediment control measures are properly installed.
WordPerfect Format (13KB, 2pages)
PDF Format (13KB, 3pages).
Erosion and sediment control is widely accepted as a necessary practice, but there are certain ways to make even the most well-crafted ordinance more effective. First, communities need to have the staff and resources to enforce erosion and sediment control regulations; otherwise, the authority to inspect sites becomes useless. In addition, the technical manual referred to in the ordinance needs to provide useful guidance on selecting erosion and sediment control measures; in particular, it should not include measures that are ineffective. Third, education of contractors, engineers, and designers regarding the importance and effective use of erosion and sediment controls is essential to implementing effective erosion and sediment controls.
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