The City sets requirements to reduce erosion, sediment discharges, and pollution to protect local waterways and the City’s stormwater systems from ground-disturbing activities. Authority for these requirements is described in Portland City Code (PCC) Title 10 Erosion and Sediment Control Regulations. Title 10 and the City of Portland Erosion and Sediment Control Manual (ESCM) outline requirements for ground-disturbing activities that relate to construction or other reasons in order to reduce erosion and discharges of sediment and pollutants.
In general, the Bureau of Development Services (BDS) administers Title 10 for activities that require a City development permit. Other bureaus may also enforce Title 10 requirements as outlined in PCC 10.10.030. Environmental Services administers ENB-4.30.
ENB-4.30 authorizes Environmental Services to regulate certain ground-disturbing activities that do not require a City development permit but have the potential to violate PCC Title 10 or the ESCM. This includes, but is not limited to, common ground-disturbing activities such as landscaping and lawn maintenance, mulch and soil delivery, installation of retaining walls under 4 feet in height, and some clearing and grubbing activities when the activities don’t require a permit. Sites are required to keep sediment and pollutants from entering the right-of-way including city streets or drainage systems. Failure to do so can result in enforcement actions including fines.
What is Changing and Why?
Changes are being made to improve clarity and transparency with concurrent updates by BDS to Title 10, the ESCM, and a newly created enforcement administrative rule. BDS will administer the new administrative rule. Additional information about proposed updates to Title 10,BDS' new enforcement rule, and the ESCM are available. You can find information on how to comment on the proposed ESCM and BDS' new erosion control rule on those BDS pages.
Proposed changes to ENB-4.30 focus on existing policies to support implementation of Title 10 and the ESCM. Proposed changes do not add or remove existing requirements for individuals who violate Title 10.
Targeted changes will:
- Clarify language throughout with minor wordsmithing.
- Clarify the applicability section to state that ENB-4.30 applies to ground-disturbing activities that do not require a City development permit but that violate Title 10.
- Correct a drafting error in the reference to PCC 10.10.030.
- Update text in the purpose statement to be consistent with terminology used in Title 10 and the ESCM.
- Update definitions to conform with the definitions in Title 10. Updates are proposed to the definition of the Visible and Measurable Standard in Title 10.
- Clarify the violation classification structure to better indicate tiers based on severity. Renumber the section for a consistent outline structure.
What Are the Anticipated Impacts?
No impacts are anticipated as the updates proposed do not change to whom or when the regulations apply.
Review the Proposed Changes to ENB-4.30
Comment Period is Closed
Environmental Services accepted public comment on proposed revisions to Administrative Rule ENB-4.30 from Aug. 16 through Sep. 16, 2022. The comment period closed on Sep. 16.
For More Information
For questions or more information, contact the Codes, Rules and Manuals Team by email at bescoderule@portlandoregon.gov.