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LAND DISTURBANCE CODE
NOTICE This is an unofficial user-friendly copy of Saint Louis County Ordinances 21578, 22,468 and 24,084 for the
adoption of a Land Disturbance Code, with modifications. Said ordinances being approved
October 13, 2003, September 21, 2005 and August 12, 2009 respectively.
Official copies of Saint Louis County ordinances, including certified copies, may be obtained from
the Saint Louis County Clerk’s Office, 41 South Central Avenue, Clayton, Missouri 63105 – Phone: (314)
615-7171
ST. LOUIS COUNTY ORDINANCES 1974, AS AMENDED TITLE XI
PUBLIC WORKS AND BUILDING REGULATIONS CHAPTER 1114
LAND DISTURBANCE CODE
1114.100 CHAPTER 1 - ADMINISTRATION
SECTION 101.0 SCOPE
101.1 Title: These regulations shall be known as the “Land Disturbance Code” of St.
Louis County, Missouri, hereinafter referred to as “this Code.”
101.2 Introduction: On Construction or Land Disturbance Sites, soil is highly vulnerable to
erosion by wind and water. Eroded soil endangers water resources by reducing water
quality and causing the siltation of aquatic habitat for fish and other desirable
species. Deposits of eroded soil also necessitate maintenance of sewers and ditches
and the dredging of lakes. In addition, clearing and grading during construction cause the
loss of native vegetation necessary for terrestrial and aquatic habitat. Construction
activities also utilize materials and generate wastes, which if not properly controlled can
pollute receiving waters.
101.3 Purpose: The purpose of this Code is to safeguard persons, protect property, and
prevent damage to the environment in St. Louis County. This Code will also promote
the public welfare by guiding, regulating, and controlling the design, construction,
use, and maintenance of any development or other activity that disturbs or breaks the
topsoil or results in the movement of earth on land in St. Louis County.
101.4 Scope: This Code provides for the safety, health and welfare of the public by
regulating and controlling the design, construction, use, and maintenance of any
development or other activity that disturbs land surfaces or results in the movement of
earth in the unincorporated part of St. Louis County, Missouri or any municipality in St.
Louis County contracting with the County for Land Disturbance Code enforcement.
101.5 Definitions: For the purpose of this Code, the following terms, phrases, words , and
their
derivations shall have the meanings given herein. Where terms are not defined by this section,
such terms shall have ordinarily accepted meanings such as the context implies.
Best Management Practices or BMP: Practices, procedures or a schedule of activities to
reduce the amount of sediment and other pollutants in storm water discharges
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associated with construction and Land Disturbance Activities.
Clearing: Any activity that removes the vegetative surface cover or destroys the root system.
Code or this Code: The “Land Disturbance Code” of St. Louis County, Missouri, as adopted by
St. Louis County Ordnance.
Commercial: A development for or consisting of any type of use other than Residential as
defined in this code.
Construction Site or Land Disturbance Site: A parcel or contiguous parcels, where
Land Disturbance Activities are performed as part of a proposed development.
County: St. Louis County, Missouri
Department of Health: The County Department of Health, acting through its Director, or his/her
duly authorized designee.
Department of Highways and Traffic: The County Department of Highways and Traffic,
acting through its Director, or his/her duly authorized designee.
Department of Planning: The County Department of Planning, acting through its
Director, or his/her duly authorized designee.
Department of Public Works: The County Department of Public Works, acting through its
Director, or his/her duly authorized designee.
Drainage Way: Any channel that conveys surface runoff through a site.
Erosion: The wearing away of land surface through the action of wind or water.
Erosion Control: Any Best Management Practices (BMP) that prevents or minimizes erosion.
Grading: Reshaping the ground surface through excavation and/or fill of material.
Land Disturbance Activities: Clearing, grading or any related work which results in removal of
the natural site vegetation or destruction of the root zone or otherwise results in leaving
the ground surface exposed to soil erosion through the action of wind or water.
Land Disturbance, Major: Any Land Disturbance Activity involving one (1) acre or more of land,
or a site involving less than one (1) acre that is part of a proposed development that
will ultimately disturb one (1) acre or more.
Land Disturbance, Ordinary: Any Land Disturbance Activity involving less than one (1)
acre of land.
Land Disturbance Permit: A permit issued by the authority having jurisdiction authorizing
a Land Disturbance Activity at a specific site subject to conditions stated in the permit. A
Permit may be for any one or more Major or Ordinary Land Disturbance Activities.
Perimeter Control: A barrier that prevents sediment from leaving a site by filtering
sediment- laden runoff or diverting it to a sediment trap or basin.
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Phasing: Clearing a parcel of land in distinct stages, with the stabilization of each
phase substantially completed before the clearing of the next.
Qualified Professional: A Missouri licensed professional engineer or other person
or firm knowledgeable in the principles and practices of erosion and sediment control,
including the Best Management Practices described in this Code.
Residential: A development for or consisting of detached single-family dwellings, detached two-
family dwellings, or multiple single-family dwellings (townhouses).
Runoff coefficient. The fraction of total rainfall that exits at the outfalls from a site.
Sediment Control: Any Best Management Practices (BMP) that prevents eroded sediment
from leaving a site.
Stabilization: The use of Best Management Practices (BMP) that prevent exposed
soil from eroding from a land disturbance site.
Start of Construction: The first Land Disturbance Activity associated with a development.
Storm Water Pollution Prevention Plan (SWPPP): A management plan, the purpose of
which is to ensure the design, implementation, management and maintenance of
Best Management Practices (BMP) in order to reduce the amount of sediment and
other pollutants in storm water discharges associated with Land Disturbance Activities,
comply with the standards of the County and ensure compliance with the terms and
conditions of the applicable state permits, including adherence to the land disturbance
program contained in Missouri MS4 NPDES permits.
Water Course: A natural or artificial channel or body of water, including but not
limited to, lakes, ponds, rivers, streams, ditches and other open conveyances that carry
surface runoff water either continuously or intermittently.
101.6 SERVICE TO MUNICIPALITIES
101.6.1 Contracting with Municipalities: The County Executive, is hereby authorized to
contract with municipalities within the County to provide appropriate services to enforce
the requirements of this Code, and further to collect fees for applicable permits and
inspections issued or made pursuant to such contracts. No contract for services under
this Code shall be entered into until the municipality desiring to contract with the County
for enforcement of this Code shall:
1. Contract with the County for and explosives code enforcement services; and
2. Adopt a code identical in substance to this Code; and
3. Perform the functions associated with the authority and responsibilities of the
Department of Planning identified in section 103.1 of this Code, or other mutually
agreeable services; and
4. Perform the functions associated with the authority and responsibilities of the
Department of Highways and Traffic identified in Section 103.3 of this Code with respect
to municipal streets and roadways and flood plain administration and enforcement or
other mutually agreeable services.
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101.6.2 Municipal Zoning Approval: All plans for Land Disturbance Activities within the
corporate limits of any municipality that contracts with the County for code enforcement
services shall be reviewed and approved by the contracting municipality for
compliance with its zoning or other municipal regulatory ordinances or provisions prior to
issuance of a County permit under this Code.
SECTION 102.0 APPLICABILITY
102.1 Other Laws: The provisions of this Code shall not be deemed to nullify any
provisions of County, state or federal law.
SECTION 103.0 ENFORCEMENT
103.1 Department of Planning: The Department of Planning shall have the authority and
responsibility to perform the following functions related to the enforcement of this Code
as associated with Major Land Disturbance Permits:
1. Administer the determination, collection and release of land disturbance escrows required
by this Code in coordination with the Departments of Public Works and Highways & Traffic.
103.2 Department of Public Works: The Department of Public Works shall have the
authority and responsibility to perform the following functions related to the enforcement of this
Code:
1. Receive applications for Major Land Disturbance Permits;
2. Coordinate the review of Major Land Disturbance permit applications and
accompanying documents with the Departments of Planning and Highways & Traffic;
3. Coordinate the issuance of the Major Land Disturbance permit with the Departments of
Planning and Highways & Traffic and issue such permits. Such permits may authorize
any one or more Major Land Disturbance Activity;
4. Inspect Commercial Land Disturbance Activities; and residential land disturbance activity
associated with permitted construction of buildings or structures.
5. Inspect Commercial Land Disturbance Activities within or abutting areas designated
one-hundred (100) year flood plain; and
6. Receive applications, perform plan review, inspect and issue of permits for Ordinary
Land Disturbance Activities relating to Best Management Practices (BMP) to be
utilized to control erosion and sedimentation from leaving the site during
construction and other Land Disturbance Activities.
103.3 Department of Highways and Traffic: The Department of Highways and Traffic
shall have the authority and responsibility to perform the following functions related to the
enforcement of this Code:
1. Plan review of Major Land Disturbance Activities;
2. Plan review and inspection of Land Disturbance Activities related to
construction, repair, maintenance, or condition of roadways and roadway right-of-
ways which are maintained by the County; and
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3. Plan review of Land Disturbance Activities within or abutting areas designated one-hundred
(100) year flood plain.
4. Inspect Residential Land Disturbance Activities within or abutting areas designated one-
hundred (100) year flood plain, and;
5. Inspect Residential Land Disturbance Activities except activities associated with permitted
construction of buildings and structures.
103.4 No Major Land Disturbance Permit or Ordinary Land Disturbance Permit shall be issued
where the Department of Highways & Traffic and/or the Department of Public Works finds that
the proposed land disturbance activity would result in a material change in the amount
or pattern of surface water run-off to the substantial injury of neighboring public or private
property or right-of-way.
All land disturbance activities shall be carried out in such a manner as to minimize
inconvenience and harm to adjacent properties and property owners.
103.5 Rule-making authority: County departments having enforcement authority and
responsibilities described in Section 103 of this Code shall have the authority, as
necessary in the interest of public health, safety and general welfare, to adopt and
promulgate rules and regulations to interpret and implement the provisions of this Code,
in order to secure the intent thereof, and to designate requirements applicable because
of local climatic or other conditions. Such rules and regulations shall not have the effect of
waiving requirements specifically provided for in this Code or of violating accepted
engineering practices involving the purpose of this Code.
SECTION 104.0 VIOLATIONS
104.1 Unlawful acts: It shall be unlawful for any person, firm or corporation to perform
any Land Disturbance Activities, or cause or allow same to be done in conflict with or in
violation of any of the provisions of this Code.
104.2 Notices of Violations: When the Department of Public Works, the Department of
Planning or the Department of Highways and Traffic determines that a violation of this Code
exists, the respective Director shall notify the violator. The notification shall be in writing
and shall be delivered to the violator or his/her legally authorized representative or
mailed to his last known address via first class mail postage prepaid. Any person
having been notified that a violation exists and who fails to abate the violation within ten
days after notification, shall be subject to the penalties enumerated in Sections and 104.4 and
104.4.1.
104.2.1 Notices of Violations on Highways and Traffic Projects: The Notice of Violation will
consist of the site Storm Water Pollution Prevention Plan (SWPPP) Construction Site inspection
report delivered to the contractor by the resident engineer or their assign. Any person having
been notified that a violation exists and who fails to abate the violation within seven calendar
days after notification, shall be subject to the penalties enumerated in Sections 104.4 and
104.4.1 and/or penalties issued by the Missouri Department of Natural Resources (MDNP)
and/or the Environmental Protection Agency (EPA).
104.3 Prosecution of Violation: If the violator does not abate the violation promptly, the
Department of Public Works, Department of Planning or the Department of Highways
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and Traffic shall request the County Counselor to institute the appropriate proceeding at
law or in equity to restrain, correct or abate such violation.
104.4 Violation, Penalties: Any person, firm or corporation who shall violate any
provision of this Code, or who shall fail to comply with any of the requirements thereof,
or who shall perform work in violation of the approved construction documents or the
Storm Water Pollution Prevention Plan, or any directive of the Department of Public
Works, Department of Planning, or the Department of Highways and Traffic, or of a
permit or certificate issued under the provisions of this Code, or shall start any work
requiring a permit without first obtaining a permit therefore, or who shall continue any work
in or about a structure after having been served a stop-work order, except for such work
which that person, firm or corporation has been directed to perform to remove a
violation or unsafe conditions, or any owner of a property or any other person who commits,
takes part or assists in any violation of this Code or who maintains any property on which such
violation shall exist, shall be guilty of a misdemeanor, punishable by a fine of not more than
$1,000.00 or by imprisonment not exceeding 90 days, or both such fine and imprisonment.
Each day that a violation continues shall be deemed a separate offense.
104.4.1 Contractor Non-compliance on County Projects: the County may choose, at its option,
to use County forces, or hire a contractor or use other methods to correct the land disturbance
violation after seven calendar days or less, from the Notice of Violation date, if the Missouri
Clean Water Act may possibly be violated. Weather related non-compliance might be tolerable.
The County may deduct that amount incurred to correct the land disturbance violation from the
contract obligation.
104.4.2 No-Permit Penalty: In addition to the penalties set out above, the following procedure
shall be followed where a County Department identified in Section 103 determines that work
has been started prior to the acquisition of a permit required by this Code:
1. The Department shall issue a stop work order.
a The Department Director shall notify the violator of his/her assessment regarding the
appropriate penalty amount to be assessed against the violator, which shall not
exceed One Thousand Dollars ($1,000.00) for each day that work occurs without a
permit. In making the assessment, the Department shall consider whether the violator
has previously violated this Code and whether the occupation or experience of the violator
indicates that he/she knew or should have known that permit was required. In no case
will a No- Permit Penalty be assessed against a property owner unless he/she
actually performed the work involved. 2. At the violator’s option, he/she may deposit the assessed penalty amount in escrow
(certified check or cash only) with the Department, in which case the violator’s right to
a hearing will be preserved.
3. No-Permit Penalties are appealable to the Building Commission in the same
manner as other decisions of the Department. The Department may revise its
assessment upon notice to both the Building Commission and the violator at any time prior
to the hearing. Likewise, at any time prior to the hearing, the violator may accept
and pay the recommended penalty amount and the hearing will be canceled.
4. At the hearing before the Building Commission, said Commission shall afford
both the Department and the alleged violator an opportunity to present any
evidence or make any statements they wish to have considered.
5. Following the hearing the Building Commission shall determine whether a permit was
required:
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a. If the Building Commission determines that a permit was required, an
appropriate penalty amount shall be assessed, taking into account the same
considerations as noted above. The stop work order shall remain in full force and
effect until such time as the penalty amount is paid and the violator has complied
with all other regulations pertaining to the issuance of permits.
b. If the Building Commission determines that no permit was required, the
Department shall immediately cancel the stop work order.
104.5 Abatement of violation: The imposition of the penalties herein prescribed shall not
preclude the County Counselor from instituting appropriate action to prevent unlawful
construction or to restrain, correct or abate a violation, or to prevent illegal use of a property
or to stop an illegal act.
104.6 Permit Suspension or Revocation: When a Land Disturbance Activity is conducted
in violation of the requirements of this Code or the terms of the permit in such a
manner as to materially adversely affect the safety, health or welfare of persons, or
materially be detrimental or injurious to property or improvements, the Department of Public
Works or the Department of Highways and Traffic may suspend or revoke such permit.
104.7 Stop Work Order: Upon notice from the Department of Public Works or the
Department of Highways and Traffic that work on any property is being prosecuted contrary to
the provisions of this Code or in an unsafe and dangerous manner, such work shall be
immediately stopped. The stop work order shall be in writing and shall be given to the
owner of the property involved, or to the owner's agent, or to the person doing the
work; and shall state the conditions under which work will be permitted to resume.
104.7.1 Unlawful Continuance: Whenever the Department of Public Works or the
Department of Highways and Traffic finds that any Land Disturbance Activity is being
prosecuted contrary to the provisions of this Code or in an unsafe and dangerous
manner, the owner or the person performing such Activity shall immediately stop such
Activity. The stop work order shall be in writing and shall be given to the owner of the property
involved, or to the owner's agent, or to the person doing the work; and shall state the
conditions under which work will be permitted to resume. Any person, who shall
continue any work in or about the property after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or
unsafe condition, shall be subject to penalties as specified in Sections 104.4 or 104.4.1 of
this Code.
105.0 APPEALS
105.1 Application for appeal: Any person shall have the right to appeal a decision of
the Department of Planning, the Department of Public Works or the Department of
Highways and Traffic to the Building Commission. An application for appeal shall be based
on a claim that the intent of this Code or the rules or regulations adopted thereunder have
been incorrectly interpreted or the provisions of this Code do not apply.
105.1.1 Filing Procedure: All appeals shall be filed in writing with the Department of Public
Works. All appeals shall be filed within thirty (30) days after the decision to be
appealed is rendered by the departments identified in this section.
105.1.2 Filing Fee: All appeals must be accompanied by a fee in the amount specified
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in Chapter 1100, SLCRO 1974, as amended.
105.2 Notice of Meeting: The Commission shall meet upon notice from the Chairman, within ten
days of the filing of an appeal, or at stated periodic meetings.
105.3 Open Hearing: All hearings before the Commission shall be open to the public.
The appellant, the appellant’s representative, the County department(s) having
enforcement authority and responsibilities described in section 103.0 of this Code, and any
person whose interests are affected, shall be given an opportunity to be heard.
105.4 Procedure: The Commission shall adopt and make available to the public through the
secretary procedures under which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence but shall mandate that only relevant
information be received.
105.5 Commission Decision: Decisions by the Commission to reverse or modify a
decision by a Department requires a minimum vote of three members.
105.6.1 Resolution: The decision of the Commission shall be in writing. Copies shall be
furnished to the appellant and to the County department(s) having enforcement authority
and responsibilities described in section 103.0 of this Code.
105.6.2 Administration: The applicable County Department identified in section 105.1of
this Code shall take immediate action in accordance with the decision of the Commission.
105.7 Court Review: A party adversely affected by a decision of the Commission may
appeal to an appropriate court from such decision. Application for review shall be
made in the manner and time required by law following the filing of the decision.
SECTION 106.0 LAND DISTURBANCE PERMITS REQUIRED
106.1 County Permit Required: Any person who intends to conduct any Land
Disturbance Activity must obtain a permit prior to beginning the activity. The type of permit
shall be as required by sections 106.1.1 or 106.1.2 in this Code.
Exception: Activities that do not require permits under Section 106.3 of this Code.
106.1.1 Major Land Disturbance Permit: No person shall perform any Major Land Disturbance
Activity prior to receipt of a Major Land Disturbance Permit. Applications for Major Land
Disturbance Permits shall be filed with the Department of Public Works.
Exception: Activities that do not require permits under section 106.3 of this code.
106.1.2 Ordinary Land Disturbance Permit: No person shall perform any Ordinary Land
Disturbance Activity prior to receipt of an Ordinary Land Disturbance Permit. Applications
for Ordinary Land
Disturbance Permits shall be filed with by the Department of Public Works.
Exceptions:
1. Activities that do not require permits under section 106.3 of this code.
2. An Ordinary Land Disturbance Permit is not required for County Highways and Traffic and
Parks and Recreation projects; provided erosion and sediment control measures are
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provided until grass or other vegetation is established or other approved ground cover means
are used.
106.1.2.1 County Building Permit and related Ordinary Land Disturbance Activities: The
Department of Public Works may include Ordinary Land Disturbance Activities associated
with the construction of a building, structure, or parking lot authorized by a permit issued
under the building code, as an integrated permit for the proposed construction.
106.2 Limitation on Transfer of Land Disturbance Permits: Any person who buys land
from a person who has been issued a land disturbance permit under sections 106.1.1 or
106.1.2 of this Code must obtain a separate land disturbance permit from County.
Exceptions: 1. Portions of a site having a Major Land Disturbance permit may be transferred to a
new land owner provided the original permit holder obtains the approval of the
Department of Planning and the Department of Public Works to retain responsibility for
the Land Disturbance Activities on the remaining portions of such property not transferred
to the land owner.
106.3 Exceptions - Land Disturbance Permits Not Required: Land Disturbance Permits
are not required for the activities identified as items 1 and 7 in this section, nor are such
Permits required for the activities identified in items 2, 3, 4, 5 and 6, provided the activity
does not alter, or cause to be altered, the present surface of the ground: a) by any cut or
fill at the property line; b) by any cut or fill that would permanently divert one drainage area
to another drainage area; c) by any cut or fill which would deposit mud or harmful silt, or
create erosion or damage to adjoining properties; or d) by any cut or fill that would block or
affect an existing swale or drainage path in a manner to cause damming and ponding. 1. Any emergency activity that is immediately necessary for the protection of life, property, or
natural resources.
2. Existing farming, nursery and agricultural operations conducted as a permitted or
accessory use. 3. Land Disturbance Activities involving less than thirty (30) cubic yards of earth/soil moved
and less than 2000 square feet of disturbed area provided the Land
Disturbance Activity is for the improvement of the property. Erosion and sediment
control measures shall be provided when necessary, until grass or other vegetation
is established or other approved means of ground cover means are used.
4. Land Disturbance Activities associated with additions to and accessory structures for
one- and two-family dwellings.
5. Removal of existing or dying grass or similar vegetation by disturbing not more
than 10,000 square feet and re-sodding or re-seeding with new landscaping to include
preparation of the seed bed; provided erosion and sediment control measures are
provided until the grass or other vegetation is established. Any cut or fill in
conjunction with the preparation of the seedbed shall not exceed thirty (30) cubic
yards.
6. Gardening and similar activities on property occupied by one- or two-family dwellings.
7. Land Disturbance Activities by any public utility for the installation, inspection,
repair or replacement of any of its equipment or for its collection or distribution
lines or piping systems; provided erosion and sediment control measures are
provided until grass or other vegetation is established or other approved ground cover
means are used. This exception does not apply to any Land Disturbance Activity
associated with work that requires a building permit or special use permit.
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106.4 State of Missouri Permits Required: The permit applicant must obtain a land disturbance
permit from the State of Missouri Department of Natural Resources for any site where one (1)
acre or more of land will be disturbed, before beginning any site work authorized by a
County permit. This requirement applies to sites of less than one acre that are part
of a proposed development that will ultimately disturb one acre or more.
SECTION 107.0 LAND DISTURBANCE PERMIT APPLICATIONS
107.1 Permit applications: Applications for Land Disturbance permits required by this Code
shall be in the form prescribed by and accompanied by the site plans and documents
determined necessary by the County Department responsible for issuing the permit.
Applications for Major Land Disturbance Permits shall include proof that proposed land
disturbance and uses have received approvals from the County Department of Planning
or zoning approval from the municipality in which the Land Disturbance Activities
will occur.
107.2 Storm Water Pollution Prevention Plan Required (SWPPP) for Major Land Disturbance
Permits: All applications for Major Land Disturbance Permits shall be accompanied by a Storm
Water Pollution Prevention Plan, prepared for the specific site by or under the direction
of a Qualified Professional as directed by St. Louis County. The application shall contain
a statement that any land clearing, construction, or development involving the
movement of earth shall be in accordance with the Storm Water Pollution Prevention
Plan, and the applicant will assume and acknowledge responsibility for compliance with this
Code and the Storm Water Pollution Prevention Plan at the site of the permitted activity.
107.3 Required Land Disturbance Escrows for Major Land Disturbance Permits: Applicants for
Major Land Disturbance permits shall file a land disturbance escrow, in the form of a letter of
credit, or other improvement security in an amount deemed sufficient by the Department
of Planning to cover all costs of improvements, landscaping, and maintenance of
improvements for such period as specified by the Department of Planning. The land
disturbance escrow shall include engineering and inspection costs sufficient to cover the
cost of failure or repair of improvements installed on the site.
107.3.1 Release of Escrows - Project Closure: Any land disturbance escrow will not be fully
released to the property owner, site operator or permit holder until all of the following have
been completed:
1. All temporary storm water control Best Management Practices (BMPs) have been
removed and the site has been fully stabilized.
2. All permanent storm water control Best Management Practices (BMPs) have been completed.
3. All final inspections/certifications have been completed by each of the government
jurisdictions involved in authorizing the project.
108.0 FEES
108.1 Issuance of Permits: Land Disturbance permits shall not be issued until the fees
associated
with the permit are paid to the individual County Departments as specified in sections 108.1.1
through 108.1.3 of this Code. Exception: Individual County departments may defer all or parts of fees to a later
stage of site development.
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108.1.1 Department of Planning: Fees for the activities of the Department of Planning related
to Land Disturbance permits shall be in accordance with the fee rates set forth in Title
X SLCRO 1974 “Planning and Zoning,” Chapter 1003 “Zoning Ordinance” and Title X
SLCRO 1974 “Planning and Zoning,” Chapter 1005 “The Subdivision Ordinance of St. Louis
County.”
108.1.2 Department of Highways and Traffic: Fees for the activities of the Department
of Highways and Traffic related to Land Disturbance permits shall be in accordance with the
fee rates set forth in Title XI SLCRO 1974 “Public Works and Building Regulations,”
and Chapter 1105 “Department of Highways and Traffic” and Chapter 1005 “The
Subdivision Ordinance of St. Louis County.” The Department of Highways and Traffic is
authorized to establish and collect inspection fees by estimating the total number of inspection
hours required for the completion of the permitted work.
108.1.3 Department of Public Works: Fees for the activities of the Department of
Public Works related to Land Disturbance permits shall be in accordance with the fee
rates set forth in Title XI SLCRO 1974 “Public Works and Building Regulations,”
Chapter 1100 “Code Enforcement Fee Schedules.” In applying the Code
Enforcement Fee Schedule, the total estimated cost of Land Disturbance Activities shall
include applicable grubbing, site clearing, rough grading, sediment and erosion control
measures, excavating, backfill, final grading, concrete flatwork, asphalt pavement, and final
landscaping. The Department of Public Works may require a bona fide contract(s) or any
affidavit of the owner of the project, in which the applicant and owner verify the
total cost of the site improvements related to the permit. The Department of Public Works is
authorized to establish the fee by determining the plan review cost and estimating the total
number of inspections required, when in the opinion of the Department of Public Works, the fee
resulting from this method more closely relates to the cost of enforcing the requirements of this
code.
108.2 Refunds: In the case of revocation of a permit or projects where land disturbance
activities have begun, no refund shall be permitted. Any excess fee for abandoned projects,
where land disturbance work has not started, shall be returned to the permit holder upon written
request received not later than twelve (12) months after the date the permit was issued. All
plan examination and permit processing fees and all penalties that have been imposed upon
the permit holder under the requirements of this code shall be deducted from the refund or paid
by the permit holder prior to any refund being issued.
109.0 STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
109.1 Content - Storm Water Pollution Prevention Plan (SWPPP): The design
requirements in Chapter 2 of this Code shall be complied with when developing the Storm
Water Pollution Prevention Plan and the plan shall include the following:
1) Name, address and telephone number of the site owner and the name, address
and telephone number of the individual who will be in overall responsible charge of
construction/development activities at the site.
2) Site address or location description and parcel identification number(s).
3) A site map showing the outlines of the total project area, the areas to be disturbed,
existing land uses, locations and names of surface water bodies, locations of
flood plains, locations of temporary and permanent Best Management Practices (BMP)
and such other information as may be required by the County department(s)
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having enforcement authority and responsibilities described in section 103.0 of this
Code.
4) Existing contours of the site and adjoining strips of off-site property and proposed
contours after completion of the proposed land disturbance and development,
based on United States Geological Survey datum, with established elevations at
buildings, walks, drives, street and roads; and information on necessary clearing
and grubbing, removal of existing structures, excavating, filling materials brought
to the site, spreading and compacting. Existing and proposed contours shall be
shown at two (2) foot elevation intervals. Cross sections may be utilized in lieu of contours
as approved by the Department of Highways and Traffic.
5) A natural resources map identifying soils, forest cover, and resources protected
under other provisions of County Ordinances.
6) An estimate of the Runoff Coefficient of the site prior to disturbance and the
Runoff Coefficient after the construction addressed in the permit application is completed.
7) Estimated quantity of land to be disturbed.
8) Details of the site drainage pattern both before and after Major Land Disturbance Activities.
9) Access to construction site.
10) Description of Best Management Practices (BMP) to be utilized to control
erosion and sedimentation during the period of land disturbance.
11) Description of Best Management Practices (BMP) to be utilized to prevent
other potential pollutants such as construction wastes, toxic or hazardous
substances, petroleum products, pesticides, herbicides, site litter, sanitary wastes
and other pollutants from entering the natural drainage ways during the period of
construction and land disturbance.
12) Description of Best Management Practices (BMP) that will be installed during land
disturbance to control pollutants in storm water discharges that will occur after land
disturbance activity has been completed.
13) Location of temporary off-street parking, and wash-down area for related vehicles. 14) Sources of off-site borrow material or spoil sites, and all information relative to haul routes,
trucks and equipment. 15) The anticipated sequence of construction and Land Disturbance Activities, including
installation of Best Management Practices (BMP), removal of temporary Best
Management Practices (BMP), stripping and clearing; rough grading; construction
utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing
shall identify the expected date(s) on which clearing will begin, the estimated
duration of exposure of cleared areas, areas of clearing, installation of temporary
erosion and sediment control measures, and establishment of permanent vegetation.
16) All erosion and sediment control measures necessary to meet the objectives of this
Code throughout all phases of construction and after completion of site development.
Depending upon the complexity of the project, the drafting of intermediate plans
may be required at the close of each season. 17) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected
seeding dates, type and rate of lime and fertilizer application, and kind and quantity
of mulching for both temporary and permanent vegetative control measures.
18) Provisions for maintenance of control facilities, including easements. 19) Plans for responding to any loss of contained sediment to include the immediate
actions the permit-holder will take in case of a containment failure. This plan must
include documentation of actions and mandatory reporting to the Department of Public
Works. 20) Schedules and procedures for routine inspections of any structures provided to prevent
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pollution of storm water or to remove pollutants from storm water and of the site in general
to ensure all Best Management Practices (BMP) are continually implemented and are
effective.
109.2 Required Plan Amendments - Storm Water Pollution Prevention Plan (SWPPP):
The permit- holder shall amend the Storm Water Pollution Prevention Plan whenever:
1) Design, operation or maintenance of Best Management Practices (BMP) is changed;
2) Design of the construction project is changed that could significantly affect the quality of
the storm water discharges;
3) Site operator’s inspections indicate deficiencies in the Storm Water Pollution
Prevention Plan (SWPPP) or any Best Management Practices (BMP); 4) Inspections by County or by the Missouri Department of Natural resources indicate
deficiencies in the Storm Water Pollution Prevention Plan (SWPPP) or any Best
Management Practices (BMP);
5) The Storm Water Pollution Prevention Plan (SWPPP) is determined to be
ineffective in significantly minimizing or controlling erosion or excessive sediment
deposits in streams or lakes;
6) The Storm Water Pollution Prevention Plan (SWPPP) is determined to be ineffective in
preventing pollution of waterways from construction wastes, chemicals, fueling
facilities, concrete truck washouts, toxic or hazardous materials, site litter or other
substances or wastes likely to have an adverse impact on water quality;
7) Total settleable solids from a storm water outfall exceeds 0.5 ml/L/hr if the discharge is
within the prescribed proximity of a “Valuable Resource Water” as defined by the
Missouri Department of Natural Resources;
8) Total settleable solids from a storm water outfall exceeds 2.5 ml/L/hr for any other outfall;
or
9) The County or the Missouri Department of Natural Resources determines violations
of water Quality Standards may occur or have occurred.
109.3 Permit-holder Responsibilities for Administration of Storm Water Pollution
Prevention Plan (SWPPP): The permit-holder shall:
1) Notify all contractors and other entities (including utility crews, County employees, or their
agents) that will perform work at the site, of the existence of the Storm Water
Pollution Prevention Plan (SWPPP) and what actions or precautions shall be taken
while on site to minimize the potential for erosion and the potential for damaging any
Best Management Practices (BMP);
2) Determine the need for and establish training programs to ensure that all site workers have
been trained, at a minimum, in erosion control, material handling and storage, and
housekeeping;
3) Provide copies of the Storm Water Pollution Prevention Plan (SWPPP) to all
parties who are responsible for installation, operation or maintenance of any Best
Management Practices (BMP); and 4) Maintain a current copy of the Storm Water Pollution Prevention Plan (SWPPP) on the
site at all times. (County Ordinance 21,578, approved October 13, 2003)
1114.200 CHAPTER 2 - DESIGN REQUIREMENTS
SECTION 201.0 GENERAL
201.1 Design: The design of erosion and settlement controls required for Land
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Disturbance Activities shall comply with the following minimum requirements:
1. Land disturbance, erosion and sediment control practices, and watercourse crossings
shall be adequate to prevent transportation of sediment from the site.
2. Materials brought to any site or property under a permit issued under this Code,
where said material is intended to be utilized as fill material at the site for land
disturbance, erosion or sediment control, shall consist of clean uncontaminated
earth, soil, dirt, sand, rocks, gravel or masonry materials or other approved materials.
3. Cut and fill slopes shall be no greater than 3:1 except as approved by the Department of
Public Works or the Department of Highways and Traffic to meet other community or
environmental objectives.
4 Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted, except when in compliance with all other County Ordinances.
5. Clearing techniques that retain existing vegetation to the maximum extent practicable
shall be used and the time period for disturbed areas to be without vegetative cover shall
be minimized to the extent practical. 6. Clearing, except that necessary to establish sediment control devices, shall not begin
until all sediment control devices have been installed and have been stabilized.
7. Phasing shall be required on all sites disturbing greater than thirty (30) acres of land. The
size of each phase will be established by the Department of Planning at the time
of plan review for the issuance of a Major Land Disturbance permit.
201.2 Erosion Control Design: Erosion control requirements shall include the following:
1. Soil stabilization shall be completed within five days of clearing or inactivity in construction.
2. If seeding or another vegetative erosion control method is used, it shall become
established within two weeks or the site shall be re-seeded or a non-vegetative option
employed.
3. Techniques shall be employed to ensure stabilization on steep slopes and in drainage
ways.
4. Soil stockpiles must be stabilized or covered at the end of each workday or
perimeter controls must be in place to prevent silt from the stockpile from leaving the site. 5. The entire site must be stabilized, using a heavy mulch layer or another method
that does not require germination to control erosion, at the close of the construction
season.
6. Techniques shall be employed to prevent the blowing of dust or sediment from the site.
7. Techniques shall be employed to divert upland runoff past disturbed slopes.
201.3 Sediment Control Design: Sediment control requirements shall
include:
1. Settling basins, sediment traps, or tanks and perimeter controls.
2. Settling basins shall be provided for each drainage area within 10 or more acres disturbed
at one time and shall be sized to contain 0.5 inch of sediment from the drainage
area and be able to contain a 2-year, 24-hour storm. If the provision of a basin
of this size is impractical, other similarly effective Best Management Practices
(BMP), as evaluated and specified in the Storm Water Pollution Prevention Plan
(SWPPP), shall be provided.
3. Settling basins shall be designed in a manner that allows adaptation to provide
long-term storm water management, as required by the County department(s) having
enforcement authority and responsibilities described in section 103.0 of this Code.
4. Settling basins shall have stabilized spillways to minimize the potential for erosion of the
spillway or basin embankment. 5. Protection for adjacent properties by the use of a vegetated buffer strip in
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combination with perimeter controls.
201.4 Watercourse Design: Watercourse protection requirements shall include: 1. Encroachment into or crossings of active water courses/riparian areas and wetlands
shall be avoided to the maximum extent practicable. All County, state and federal
permits and approvals shall be obtained by a permit holder prior to beginning work
authorized by a County Land Disturbance permit.
2. Stabilization of any watercourse channels before, during, and after any in-channel work. 3. If a defined watercourse is to be re-aligned or re-configured, clearing and grubbing
activities within 50 feet of the watercourse shall not begin until all materials and
equipment necessary to protect the watercourse and complete the work are on site.
Once started, work shall be completed as soon as possible. Areas within 50 feet
of the watercourse shall be re-contoured and re-vegetated, seeded or otherwise
protected within five working days after land disturbance activities have ceased.
4. All storm water conveyances shall be designed according to the criteria of
the St. Louis Metropolitan Sewer District (MSD) and the necessary MSD permits
obtained. 5. Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes
and paved channels.
201.5 Construction Site Access Design: Construction site access requirements for
Major Land Disturbance Activities shall include:
1. A temporary access road provided at all land disturbance sites including a wash
down area supporting all active sites. 2. The Department of Highways and Traffic may require other measures to ensure that
construction vehicles do not track sediment onto public streets or be washed with
wash effluent channeled directly into storm drains.
201.6 Control of Construction Materials and Waste: Control requirements for construction
materials, construction wastes and other wastes generated on site at land disturbance
sites shall include provisions, satisfactory to the County department(s) having
enforcement authority and responsibilities described in section 103.0 of this Code for:
1. Spill prevention and control facilities for materials such as paint, solvents, petroleum
products, chemicals, toxic or hazardous substances, substances regulated
under the Resource Conservation and Recovery Act (RCRA) or the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), and any wastes generated from the use of such materials and
substances, including their containers. Any containment systems employed to meet
this requirement shall be constructed of materials compatible with the substances
contained and shall be adequate to protect both surface and ground water.
2. Collection and disposal of discarded building materials and other construction
site wastes, including those listed in section 201.6. 1 above.
3. Litter control.
4. Control of concrete truck washouts.
5. Assurance that on-site fueling facilities will adhere to applicable federal and state
regulations concerning storage and dispensers.
6. Provision of sufficient temporary toilet facilities to serve the number of workers on
Major Land Disturbance sites as directed by the Department of Health.
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1114.300 CHAPTER 3 -INSPECTIONS
SECTION 301.0 GENERAL
301.1 Department(s) of Public Works and Highways and Traffic - General: The County
department(s) having enforcement authority and responsibilities described in section 103.0 of
this Code shall make inspections as herein required and shall either approve that portion
of the work completed or shall notify the permit-holder wherein the work fails to comply
with the Land Disturbance, Erosion and Sediment Control Plan as approved. Plans for land
disturbance, stripping, excavating, and filling work bearing the stamp of approval of the County
department issuing the permit shall be maintained at the site during the progress of the work.
To obtain inspections, a permit-holder shall notify the Department(s) of Public Works or
Highways and Traffic as applicable, at least two working days before the following:
1) Start of construction
2) Installation of sediment and erosion measures
3) Completion of site clearing
4) Completion of rough grading
5) Completion of final grading
6) Close of the construction season 7) Completion of final landscaping Exception: Inspections conducted by the Department of Highways and Traffic related to
construction and maintenance of County highways and roadways.
301.1.1 Extra Inspections: In addition to the inspections otherwise required, the
Department(s) of Public Works or Highways and Traffic is authorized to perform and
charge fees for extra inspections or re-inspections which in their judgment are reasonably
necessary due to non-compliance with the requirements of this Code, or work not ready
or accessible for inspection when requested.
301.2 Permit-Holder Inspection and Report Responsibilities - Major Land Disturbances:
The holder of a Major Land Disturbance Permit, or his/her agent, shall cause regular
inspections of land disturbance sites by a qualified special inspector. Inspectors shall
include all erosion and sediment and other pollutant control measures, outfalls and off-
site receiving waters in accordance with the inspection schedule outlined in the
approved Storm Water Pollution Prevention Plan (SWPPP). Inspections must be
scheduled at least once per week and no later than 48 hours after a rainfall that causes storm
water runoff to occur on site. The purpose of such inspections will be to ensure proper
installation, operation and maintenance of Best Management Practices (BMP) and to
determine the overall effectiveness of the Storm Water Pollution Prevention Plan (SWPPP)
and the need for additional control measures. All inspections shall be documented in
written form on weekly reports with copies submitted to the Department(s) of Public
Works or Highways and Traffic at the time interval specified in the permit. Permit-holder
inspection reports must include the following minimum information:
1) Inspector’s name and signature;
2) Date of inspection;
3) Observations relative to the effectiveness of the Best Management Practices (BMPs);
4) Actions taken or necessary to correct deficiencies; and
5) A listing of areas where land disturbance operations have permanently or temporarily
stopped.
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The permit-holder shall notify the site contractor(s) responsible for any deficiencies
identified so that deficiencies can be corrected within seven calendar days of the weekly
inspection report. If weather conditions make it impossible to correct the problem within seven
calendar days, a detailed report of the problem (including pictures) shall be filed with the regular
inspection reports.
301.2.1 Verification of permit holder’s reports: The Department(s) of Public Works or
Highways and Traffic may make extra inspections as deemed necessary to ensure the
validity of the reports filed under section 301.2 of this Code or to otherwise ensure proper
installation, operation and maintenance of storm water Best Management Practices (BMP)
and to determine the overall effectiveness of the Storm Water Pollution Prevention Plan
(SWPPP) and the need for additional control measures.
1114.400 CHAPTER 4 -IMPLEMENTATION
SECTION 401 EFFECTIVE DATE OF CODE PROVISIONS
401.1 Effective Date of this Code: The provisions of this Code shall become effective 90 days
after its adoption by the St. Louis County Council and approval by the County
Executive. (Ordinance 21,578 initially adopting this Land Disturbance Code was approved
October 13,2 003.)
END OF LAND DISTURBANCE CODE