Why Has the County Adopted Erosion Prevention Measures?
Because the County's roads and stormwater system discharge into local rivers and streams, Lane County is required by the federal Environmental Protection Agency (EPA) to maintain a stormwater management program that protects the waters of the state. Two parts of that program are the Municipal Separate Storm Sewer System (MS4) Phase II General Permit and the Willamette Basin Mercury Total Maximum Daily Load (TMDL). The MS4 Phase II General Permit and the Mercury TMDL are administered by the Oregon Department of Environmental Quality (DEQ) and require that the County adopt codes and practices to protect stream and river water quality. Because erosion from construction activity is one of the primary causes of the degradation of water quality in rivers and streams, the County is required by both the MS4 Permit and the Mercury TMDL to adopt an erosion prevention code and program.
More information about the County's MS4 Phase II General Permit and the Mercury TMDL is available on the County's Stormwater Management Program webpage.
What Kinds of Projects Need an Erosion Prevention Permit?
Development projects that are located within the MS4 Area and that disturb the land are subject to erosion prevention permitting requirements. Land disturbance is any activity that changes the physical conditions of landforms, vegetation, and/or hydrology, including, but not limited to, digging, clearing, grading, grubbing, filling, logging, and the staging and storage of materials.
Erosion prevention permits are only required within the County-Administered MS4 Area. Triggers for whether or not a permit is required are based upon the area of disturbance, its location, and type of use or zoning on the property. Click on the Erosion Prevention Requirements and Permit Information tab to the left for more information.
Erosion prevention permits are not required within the Mercury TMDL Area.
I Don't Need a Permit, but I Am Disturbing the Soil. What Do I Need to Do?
Land-disturbing projects within the MS4 Area and within the greater Willamette River Basin Mercury TMDL Area that surrounds the MS4 Area are required to use erosion prevention best management practices (BMPs) throughout the course of construction to meet the erosion prevention outcomes of Lane Code 9.090.030. Erosion prevention BMPs must be used, whether an erosion prevention permit is required or not. Outcomes include:
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Keeping a clean site.
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Protecting soils from erosion.
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Protecting natural areas, water ways, septic fields, rights-of-way, and adjacent properties.
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Ensuring against chemical and debris pollution.
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Stabilizing soils and vegetation upon the completion of construction.
Please see the complete list of outcomes on the Outcomes Handout located on the
Erosion Prevention Documents: Handouts, Forms, and Manual page.
Erosion Permit Basics
Erosion prevention permits must be approved prior to any soil disturbance and prior to the release of any associated development permit. A typical permit involves the following steps:
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Submit erosion prevention permit with erosion plan, details, and schedule.
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The erosion prevention permit submittal will need to designate a responsible party who will be in charge of the erosion prevention plan on site.
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The erosion prevention permit will be reviewed and inspected for proper placement of BMPs prior to approval of the associated development permit.
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The BMPs will need to be maintained through the course of construction and additional inspections and/or reporting to County staff may be required.
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Final stabilization and final inspections will be required prior to permit close-out and prior to finalization of the associated development permit.