Erosion and Sediment Control

This model provides guidance for controlling soil erosion and resulting sedimentation on small construction sites, such as individual residential building lots. Based on a framework developed by the Indiana Department of Natural Resources, it offers a practical, step-by-step approach for contractors and property owners to minimize the environmental impact of construction.

Soil erosion from construction sites is a significant source of sediment, which is a leading nonpoint source pollutant by volume in U.S. waters. Sediment-laden runoff degrades aquatic habitats, increases local government costs for maintaining storm sewers and ditches, reduces the capacity of channels and increases flood risk, and can diminish property values. This model outlines a sequence of actions and a suite of common best management practices (BMPs) designed to keep soil on the construction site and out of public infrastructure and local waterways.

While presented as guidance rather than a formal legal ordinance, this model’s provisions form a strong foundation for a locally enforceable program. It focuses on the fundamental principles of erosion and sediment control: evaluating the site to preserve natural features, installing and maintaining control practices, and promptly revegetating disturbed areas.

Key provisions

The model is structured as a seven-step construction sequence that functions as a simplified erosion and sediment control (ESC) plan. Municipalities can adapt these steps into formal requirements within a local ordinance.

Applicability

The guidance is primarily intended for small-scale construction on individual building lots, such as single- or two-family homes. The model notes that sites with more complex conditions may require additional or alternative control methods. These conditions include:

• Lots adjacent to a creek, lake, or wetland.
• Sites with slopes exceeding 6 percent.
• Parcels that receive significant runoff from adjacent areas.
• Projects with more than one acre of disturbed ground.

For larger or more sensitive sites, a more comprehensive Stormwater Management ordinance would typically apply.

Erosion and Sediment Control Plan Sequence

The model presents the ESC plan as a chronological process. A formal ordinance would require these steps to be documented on a site plan submitted for review prior to issuing a permit.

1. Evaluate the Site: Before any clearing, identify and mark for protection important trees, existing vegetation suitable for filter strips, septic system absorption fields, and other sensitive areas.
2. Install Perimeter Controls: Install practices like silt fences and vegetative filter strips at the downslope perimeter of the site before other earth-moving activities begin. Establish a stabilized construction entrance.
3. Prepare the Site for Construction: Salvage topsoil (typically the upper 4 to 6 inches) and stockpile it separately from subsoil. Locate stockpiles away from drainageways and stabilize them immediately with temporary seed or perimeter controls.
4. Build the Structure: After the primary structure, utilities, and septic systems are installed, connect downspout extenders to safely convey roof runoff to a stable outlet.
5. Maintain Control Practices: Regularly inspect and repair all ESC measures throughout the construction period.
6. Revegetate the Site: As soon as construction activities are complete, permanently stabilize the site by redistributing topsoil and establishing vegetation with sod, seed, and mulch.
7. Remove Temporary Controls: Once final vegetation is well established, remove temporary measures like silt fences and inlet protection.

Performance Standards and Required Practices

The model specifies several common, non-proprietary BMPs and provides basic performance standards for their implementation. These standards are crucial for ensuring that the practices function as intended.

Inspections and Maintenance

Effective control requires diligent maintenance. The model establishes a clear and proactive schedule for site oversight:

• Inspection Frequency: All control practices must be inspected at least twice a week and after each rainfall event.
• Repairs: Any needed repairs must be made immediately.
• Street Cleaning: Soil tracked onto roadways must be scraped or swept up toward the end of each work day. The guidance explicitly prohibits flushing streets with water. Any soil washed off-site during a storm must be cleaned up by the end of the next work day.

Enforcement

As a guidance document, this model does not contain specific provisions for violations, penalties, or stop-work orders. A municipality adopting these standards would need to incorporate them into a formal regulatory framework with clearly defined enforcement authority and procedures.

Selected provisions, annotated

On slopes of less than 6 percent, preserve a 20- to 30-foot wide vegetative buffer strip around the perimeter of the property, and use it as a filter strip for trapping sediment.

Small Site Erosion and Sediment Control Guidance

This provision establishes a clear, measurable standard for a simple, low-cost perimeter control that leverages existing natural features. By linking the practice to a specific slope threshold, it provides straightforward guidance for site planners and contractors. This approach is consistent with practices found in many ordinances for Stream Buffers.

Inspect the control practices a minimum of twice a week and after each storm event, making any needed repairs immediately.

Small Site Erosion and Sediment Control Guidance

This clause sets a proactive inspection schedule, which is critical for the effectiveness of any ESC plan. Temporary controls like silt fences can be easily damaged during construction, and this standard makes the responsibility for constant vigilance and prompt repair explicit for the site operator.

Toward the end of each work day, sweep or scrape up any soil tracked onto roadways. Do not flush area with water.

Small Site Erosion and Sediment Control Guidance

This practical requirement addresses a common public complaint and prevents sediment from entering the storm drain system. The prohibition against flushing with water is a key detail that prevents turning a solid waste problem into a water pollution problem, which could be considered an illicit discharge under some local Illicit Connections ordinances.

What makes it a useful model

This model’s primary strength is its simplicity and practical focus. It is written for the small-scale builder or contractor who may not have dedicated engineering support for ESC plan development. By organizing the requirements into a logical construction sequence, it provides an intuitive checklist that can be followed from pre-construction planning through final site stabilization.

The guidance specifies common, effective, and low-cost BMPs, making compliance accessible and straightforward. It avoids complex calculations and instead provides clear, prescriptive standards (e.g., buffer widths, topsoil depth) that are easy to implement and inspect. This makes it an excellent educational tool and a solid starting point for communities seeking to regulate construction activities that fall below the thresholds of state or federal stormwater programs.

While its lack of a formal permitting and enforcement structure is a limitation, this also makes it highly adaptable. It serves as a content-rich foundation that a municipality can integrate into its existing building permit process. By adding local administrative procedures, a jurisdiction can transform this practical guidance into a fully functional regulatory program, as outlined in the library of Model Ordinances.

Adaptation checklist for municipalities

To convert this guidance into an enforceable local ordinance, a municipality should address the following points:

• Define Applicability: Clearly define the “small site” threshold based on disturbed area (e.g., under one acre) or project type (e.g., single-family residential). Specify when a more comprehensive Stormwater Management plan is required.
• Establish a Permitting Process: Integrate the ESC plan submission and review into the existing building permit application process. Require an approved plan as a condition for permit issuance.
• Develop an Enforcement Framework: Add specific language defining municipal authority for site inspections, notices of violation, stop-work orders, and financial penalties for non-compliance.
• Reference a Technical Manual: Formally adopt a state or local technical Design Manual to provide detailed specifications and drawings for all required ESC practices.
• Specify Responsible Parties: Clearly name the individuals or entities (e.g., property owner, general contractor) legally responsible for plan implementation, maintenance, and compliance.
• Adopt Local Maps and Data: Reference official local maps for streams, wetlands, steep slopes, and other sensitive areas that may trigger additional protection requirements.
• Set Fees: Establish a fee schedule for plan review and inspections to ensure the program is adequately funded and self-sustaining.
• Formalize Inspection Procedures: Define mandatory inspection points in the construction process (e.g., after perimeter control installation, prior to final grading) and specify documentation requirements for municipal inspectors.
• Clarify Buffer Requirements: Review and adjust the recommended 20- to 30-foot vegetative filter strip width to align with any existing local Stream Buffers or other environmental ordinances.
• Require Contractor Training: Consider requiring that the person responsible for site supervision complete a basic certification or training program on erosion and sediment control principles and practices.