Land Disturbance Permit

For Land Disturbance of 1 or More Acres

It is strongly recommended that property owners or authorized agents contact the Clay County Planning and Zoning Department at 816-407-3380 or Email Planning and Zoning Department to schedule a pre-application meeting so that department staff may go over all the detailed information of a land disturbance activity of 1 or more acres.

Clay County Erosion & Sediment Control Regulations

If a project is anticipated to disturb 1 or more acres of land, then the Clay County Erosion and Sediment Control Regulations (Section 151-8.19) (PDF) apply.

The purpose of this section is to control soil erosion on land that is undergoing land disturbance activities for non-agricultural uses and to prevent sediment and soil erosion from being transported onto adjacent property and into streams, rivers, lakes, ponds, or other areas as required by the Federal Clean Water Act (33 USC. §1251 et seq. as amended to date). The Federal Clean Water Act implemented a National Pollutant Discharge Elimination System ("NPDES") program by federal law that Clay County is obligated to develop, implement, and enforce minimum erosion and sediment control standards.

Soil is most vulnerable to erosion and sediment pollution caused by the power of water and wind during the construction process. This eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitats for fish and other desirable species. Eroded soil also necessitates the repair of sewers and ditches and the dredging of water bodies. In addition, clearing and grading methods during construction often cause the loss of native vegetation necessary for terrestrial and aquatic habitats, and to provide a healthy living environment.

The property owner is responsible for the land disturbance activities including the protection of downstream and adjacent properties from siltation and erosion. All necessary steps shall be taken to prevent sediment and soil erosion from being transported onto adjacent properties and into streams, rivers, lakes, ponds, or other areas.

General Procedure for Land Disturbance of 1 or More Acres

Most land disturbance activities of 1 or more acres will generally follow a workflow of 3 steps, each with its own specific submittal and supplemental information requirements. Some projects will vary from this procedure, but it's mainly intended as a guideline.

• Step 1: Erosion and Sediment Control Plan (ESC)
  An ESC is generally required during the first, preliminary step of a land disturbance of 1 or more acres. For subdivision purposes, this step typically includes a Rezoning (if necessary) and Preliminary Plat requests. Erosion and Sediment Control Plan (ESC)
  
  Check the Sediment and Erosion Control Plan Requirements (PDF) for more information.
• Step 2: Stormwater Pollution Prevention Plan (SWPPP)
  An SWPPP is generally required during the second, intermediate step of a land disturbance of 1 or more acres. For subdivision purposes, this step typically includes a Final Plat request. Stormwater Pollution Prevention Plan (SWPPP)
  
  Check the following links if you require information for an SWPPP
  • SWPPP Requirements (PDF)
  • SWPPP Record of Amendments (PDF)
  • Erosion and Sediment Control Inspection Report Form (PDF)
  • Erosion and Sediment Control Inspection Report Log (PDF)
  • Best Management Practices (BMP) Inspection Checklist (PDF)
• Step 3: Land Disturbance Permit (LDP)
  An LDP is generally required during the third and final step of a land disturbance of 1 or more acres. Land Disturbance Permit (LDP)
  Required information for an LDP can be found by clicking on the below links:
  • LDP Application (PDF)
  • LDP Certification Form (PDF)
  • LDP Owner Authorization Form (PDF)
  • LDP Utility Authorization (PDF)
  • LDP Certificate of Completion (PDF)

Land Disturbance of 1 or More Acres in Conjunction with Subdivision Request

If a land disturbance of 1 or more acres is anticipated to coincide with a subdivision of land request in accordance with Section 151-8 of the Clay County Land Development Code (PDF) (e.g. Rezoning, Preliminary Plat, and/or Final Plat), please E-Mail Clay County Planning & Zoning Department or call 816-407-3380 or to schedule a pre-application meeting so that department staff may go over the general procedure for land disturbance activities of 1 or more acres in conjunction with a subdivision request.

Our Jurisdiction

The Clay County Planning and Zoning Department has home rule jurisdiction or control over only the unincorporated areas of the County, or those areas outside of city limits. If you live within an incorporated city, you will need to contact your city regarding any planning and zoning matters as only they have control inside their city boundaries.