Erosion prevention code requirements are currently applicable only within the County-Administered MS4 Area around the Eugene and Springfield urban growth boundaries. See the County-Administered MS4 Area map.
Why Has the County Adopted Erosion Prevention Measures?
In order to discharge our roadway stormwater system into local rivers and streams, Lane County is required by the federal Environmental Protection Agency (EPA) to maintain a National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Phase II General Permit. This MS4 Phase II General Permit is administered by the Oregon Department of Environmental Quality (DEQ). The permit requires 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's MS4 Phase II General Permit requires the adoption of an erosion prevention code and program. More information is available on the County's Stormwater Management Program webpage.
Upcoming Mercury TMDL Measures for the Willamette River Basin
In addition to the MS4 Phase II General Permit, the County is also required to maintain Total Maximum Daily Load (TMDL) implementation plans to protect the Willamette River Basin from pollutants. The TMDL implementation plans are also overseen by the Oregon DEQ. The County's Mercury TMDL requires adoption of erosion prevention code language to reduce and maintain the levels of mercury in the basin area. Mercury is a toxic pollutant that can bioaccumulate as methylmercury in fish and then be passed on to the animals and humans who eat the fish.
The County has begun a public involvement process to review the TMDL requirements and present new code to the Board. The new code will be adopted this autumn, 2025. For more information, click on the Mercury TMDL Adoption Process page to the left.
What Kinds of Projects Need an Erosion Prevention Permit?
The current erosion prevention standards apply to development projects on properties (as opposed to projects in the public right-of-way) that are located in 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 will not be required within the Mercury TMDL Area, but development will need to meet the erosion prevention standards.
All Land Disturbances in the County-Administered MS4 Area Must Meet Erosion Prevention Outcomes
All development projects in the County-Administered MS4 Area that involve land disturbance on properties, unless otherwise exempted, must use practices and equipment to prevent and control soil erosion and pollution. These practices and equipment are called best management practices (BMPs). When the Mercury TMDL requirements are adopted in the fall, this requirement will also apply to land disturbances in the Mercury TMDL Area.
Land disturbances will need to use BMPs to meet positive erosion prevention outcomes, 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.