Erosion Prevention and Construction Site Management Program

On October 16th, 1996, the City adopted the Erosion Prevention Ordinance (20067). The ordinance was designed to restrict the discharge of sediments or other construction related materials, including hazardous substances into the city's stormwater system (Eugene Code 6.625). In December of 1996 the City Manager adopted Administrative Rules (R-6.645) to implement the ordinance. As of February 1, 1997, that ordinance and rule have been in effect within the Eugene City Limits. The ordinance and administrative rules have been revised several times. In July of 1997, the City of Eugene signed a Memorandum of Agreement with the Oregon Department of Environmental Quality to assign and monitor 1200-C permits within the city limits.  On May 25th, 2004, the City of Eugene entered into an Intergovernmental Agreement with Lane County to administer and enforce the Erosion Prevention and Construction Site Management Program (Eugene BMP E-2 Exhibit “A”), outside city limits but inside the City of Eugene Urban Growth Boundary.

The erosion program is part of the City’s Comprehensive Stormwater Management Plan which addresses federal water quality mandates and sets local policies to protect stormwater-related waterways. These include the Mill Race, Amazon Creek and the Willamette River in addition to open drainage ways, creeks and wetlands.

Program Highlights
All construction activities that will cause land disturbance or otherwise negatively impact stormwater quality are affected by the program. No ground disturbing activities may commence without the Erosion Permit being issued, the BMPs installed, and the initial site inspection is completed by the Erosion Inspector.  Examples of land disturbing activities include, but are not limited to grading, grubbing, logging, excavating or filling. 

Construction activities that do not disturb the land such as interior remodeling and emergency-related circumstances such as those caused by floods and fires, are excluded.

Outcomes
The objectives of the program, called Outcomes, are described in detail in the administrative rule but are easy to understand:

- No deposit or discharge of sediment onto adjacent properties or water features
- No degradation of water features due to removal of stream bank vegetation
- No deposit of mud, soil, concrete, or other material into streets or storm drains
- No exposure of soil or stockpiles to stormwater runoff without containment
- No earth slides or mudflows can leave the property; and
- No discharge of contaminants or hazardous substances from the site

Permits
An erosion prevention permit is required prior to any site disturbance for construction activities that:

a) Disturb an area one acre or greater in size or
b) Disturb 500 square feet or involve the excavation or placement of 20 cubic yards of material within a sensitive area.

A site is considered a sensitive area if it meets any one of the following criteria:

a) The slope of the parcel is greater than 10%;
b) The site contains highly erodible soils; 
c) The parcel or tax lot of record has the potential to directly drain into a water feature or its designated buffer area.

A reference map of sensitive areas is located at the Permit and Information Center.

Non-Permitted Sites
Those sites which fall below the permit thresholds identified above are still required to meet the outcomes, and are subject to enforcement action if necessary to ensure compliance.
        
Best Management Practices (BMPs)
All persons engaged in construction activities must implement Best Management Practices (BMPs) for preventing and/or controlling erosion, sedimentation and other construction-related impacts to water quality. 

BMPs are the steps taken to prevent erosion, sedimentation, or discharge of contaminants from the construction site.  There is a wide variety of options to choose from, including construction of facilities (ditches, ponds, or gravel driveways), installation of sedimentation fences, covering exposed soil, use of vegetated buffers, designating areas as off-limits to vehicles, storage areas for hazardous materials.  (See also Wet Weather requirements described below).

Construction Site Management Plan (CSMP)
Projects that disturb one or more acres or are located in a sensitive area must have a permit based on a Construction Site Management Plan (CSMP) which shows the measures to be taken to comply with the mandated outcomes.  However, even smaller construction projects which do not require a permit must meet the objectives of the ordinance. All public improvement projects must include a CSMP.
If a permit is required, it must include a CSMP which describes which BMPs will be utilized, where material will be stockpiled, any areas which are off-limits (creeks for example) and generally explain how the mandated outcomes of the erosion regulations will be met. If construction activity will extend into the wet weather season, the CSMP must address the wet weather requirements described below.

Most CSMP's must be prepared by a professional - an engineer, architect, landscape architect, geologist, or other person who is certified by the International Erosion Control Association.  There is an exception to this requirement for construction of single family homes or duplexes.  For these projects, the CSMP may be prepared by the building permit applicant, based on a template available at the Permit & Information Center or by calling the Erosion staff at 682-8498. 

Residential and Commercial permit applications are available from the menus at right

Wet-Weather Requirements
Although most BMP's can be chosen by the applicant, some are mandated for use during wet-weather season: October 15 through April 30. The following BMPs must be implemented during this time:

a) Covering all exposed soil or stockpiles when not subject to construction activity, unless all  stormwater runoff from the exposed areas can be contained on site or through secondary containment. 
b) Construction of crushed rock driveways at construction site entrances.
c) All stormwater facilities, water features, and Related Natural Resource Areas shall be protected.
d) Immediate removal of sediment, soil, or construction related material from the right-of-way, adjacent property, and the city's stormwater system, including water features and Related Natural Resource Areas.

Enforcement
Enforcement is generally progressive, with options including written notice to correct violations, issuance of stop-work orders, imposition of escalating civil penalties, and in the worst cases citation into municipal court and summary abatement action by the city (with the costs charged back to the property owner).

However, the focus of the program is on education and voluntary compliance in meeting the objectives.  Very few civil penalties have been imposed since adoption of the program.

Relationship to Other Permits
Although other permits may be issued by other city offices (Building Permits, Public Improvement Permits, Tree Cutting Permits, etc), if an Erosion Prevention permit is required, no ground disturbing activities may commence without the Erosion Permit being issued, the BMPs installed, and the initial site inspection is completed by the Erosion Inspector.  The Erosion Permit process is integrated into all the other permit processes and the application is processed concurrently.