Surface stabilization measures on sites not regulated under a grading permit.
Huntsville Code of Ordinances § 12-337
in effectSec. 12-337. - Surface stabilization measures on sites not regulated under a grading permit.
(a) When used in this section, the following words, terms, and phrases shall have the following meanings:
Graded site means: (1) a site with grading that is under an active building permit, (2) a site being graded in preparation for construction prior to the issuance of a building permit, or (3) a site with grading where the building permit has expired prior to completion of construction. The term includes public and private easements and rights-of-way located on or immediately adjacent to the site.
Inclement weather period means a prolonged period of heavy rain, high winds, frost or similar weather conditions that render installing permanent stabilization measures unattainable due to such conditions.
Permanent stabilization measures mean maintaining a graded site with a full stand of grass, allowed impervious surface, or other approved permanent stabilization measures.
Person in control means, where there is no active building permit, the owner or person in possession or control of the graded site, and, where there is an active building permit, the holder of a building permit issued for construction on the graded site.
Surface stabilization measures mean maintaining a graded site with either permanent stabilization measures in place or temporary stabilization measures in place, or both.
Temporary stabilization measures mean maintaining a graded site with straw, seed, silt fencing, or other approved temporary stabilization measures.
(b) Coverage of section. This section is intended to govern graded sites that are not being regulated under an active grading permit. Nothing in this article shall be construed to relieve any person from complying with other applicable federal, state, and local laws, including, but not limited to, landscaping requirements under the city's zoning ordinance, foundation drainage requirements under the city's building code, and federal and state environmental regulations, including NPDES permitting requirements.
(c) Surface stabilization for graded sites. It shall be a violation of this article for the person in control of a graded site to fail to maintain, in good condition, order, and repair, surface stabilization measures in place on the site that prevent mud, dirt, water, debris and other construction materials from being washed, blown or otherwise deposited on adjacent public or private property, including, without limitation, public rights-of-way.
(d) Surface stabilization required prior to issuance of certificate of occupancy.
(1) Subject to subsection (2) below, as a condition to the issuance of a certificate of occupancy after completion of construction on a graded site, the building permit holder shall have permanent stabilization measures in place on the graded site as may be approved by the city engineer.
(2) During an inclement weather period the building permit holder may apply with the city engineer for a waiver from the foregoing permanent stabilization requirement. The city engineer, in her sole discretion, may approve the waiver, subject to each of the following conditions:
a. Permanent stabilization measures shall be in place on that portion of the graded site that has public easements and rights-of-way.
b. Temporary stabilization measures shall be in place on the remainder of the graded site.
c. Within three months from the date of the issuance of the certificate of occupancy the applicant for the waiver shall be responsible for having full stabilization measures in place on the site and, failing therein, said applicant shall be in violation of this article.
(Ord. No. 15-951, § 1, 1-14-2016)
Source: City of Huntsville, Alabama, publisher code (Municode) + enacted ordinances (City Council/Legistar)URL: https://library.municode.com/al/huntsville/codes/code_of_ordinances?nodeId=COOR_CH12ENMA_ARTVISTMA_DIV1GE_S12-337SUSTMESINOREUNGRPEFetched: 11/6/2026