Erosion and Sedimentation Control Plans

Land Quality Section

Division of Land Resources

Types of projects requiring an erosion/sedimentation control plan

An approved plan is required prior to the commencement of any land-disturbing activity which affects one or more acres of land. A land-disturbing activity is any use of the land by any person in development (residential, industrial, educational, institutional, or commercial), or highway/road construction and maintenance, that results in a change in the natural cover or topography that may cause or contribute to sedimentation.

Agricultural, silvicultural (tree farming), and emergency activities, as well as those activities regulated under the Mining Act (which have provisions for erosion control), are exempted. Forestry activities such as logging must comply with the Forest Practice Guidelines Related to Water Quality to be exempt.

Special requirements for a sedimentation control plan

A copy of the sedimentation plan must be kept on site at all times during construction, and the state-issued Certificate of Plan Approval must be posted on the job site prior to beginning construction. An on-site inspection may be held during construction.

Specifications that must be addressed in the plan

Control measures must be planned, designed, and constructed to provide protection from the calculated peak rate of runoff from a 10-year frequency storm. The exception is land-disturbing activities within High Quality Water Zones, which need to be to be designed for the peak rate of runoff from a 25-year frequency storm. Plans should contain landscape, architectural, and engineering drawings; maps; assumptions; and calculations as well as a statement describing the proposed development of the site. The plan should state the measures that are to be implemented to meet the standards and the requirement for stormwater outlet protection.

Plans are reviewed for completeness and compliance with all applicable requirements and must include a financial responsibility and ownership form. Changes, modifications, or conditions may be required before the plan is approved.

Processing period for erosion/sedimentation control plans

As required by statute, Land Resources must review and render a decision (approve/ disapprove) an erosion and sedimentation control plan within 30 days of receipt of a complete application. However, plans are normally processed within 20 to 25 days. Land Resources also must respond within 15 days to resubmitted plans that were initially not approved and have been revised.

Associated fees

There is a non-refundable plan review processing fee of $30 for the first acre of land to be disturbed and $20 for each additional acre, or any part thereof (including off-site borrow and waste areas). No processing fee will be charged for a revised plan unless it contains an increase in the number of acres to be disturbed.

For more information . . .

The Environmental Permit Information Center (EPIC) can provide additional gerneral information about erosion and sedimentation control plans. EPIC staff will help applicants contact the appropriate permitting staff to answer questions requiring more in-depth information or a specific permit requirement.

LRSE00FS rev. January 2, 1997