Surety Bond Encyclopedia

Clearing, Earthwork and Other Land Disturbing Bond - Jefferson County, AL in Alabama

Brief Summary

This bond is sized by the acre, not by a flat figure. Jefferson County sets it at $3,000 for every disturbed acre, rounds any partial acre up, and doubles it when the work sits in a floodplain. Get the acreage right before you apply and the bond will match what the permit desk expects on the first try.

Anyone clearing, grading or otherwise disturbing land in unincorporated Jefferson County, Alabama needs a Land Disturbing Permit for Erosion and Sedimentation Control, and that permit carries a surety bond. Under Ordinance 1848 the bond is $3,000 per disturbed acre, with partial acres rounded up to the next whole acre, and the amount doubles if the disturbance is within a floodplain. The bond is posted on the county's Land Disturbing/Erosion Control Surety Bond Form.

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How to Apply for a Clearing, Earthwork and Other Land Disturbing Bond:

  • Measure the disturbed area and round any partial acre up to the next whole acre.
  • Check whether any part of the disturbance is within a floodplain, which doubles the bond.
  • Multiply the whole acres by $3,000 to get the bond amount.
  • Apply for the bond in the exact name that will appear on the Land Disturbing Permit application.
  • Have the surety execute the county's Land Disturbing/Erosion Control Surety Bond Form.
  • Submit the bond with the permit application, Stormwater Management Plan and the Erosion Control Permit fee.

Detailed Information About the Alabama Clearing, Earthwork and Other Land Disturbing Bond:

How the bond amount is calculated

Jefferson County does not use one bond amount for every site. The Department of Development Services fee ordinance, Ordinance 1848 adopted by the Jefferson County Commission on November 5, 2020, lists Land Disturbance/Erosion Control Permit Bonds at $3,000.00 per disturbed acre. A partial acre is rounded up to the whole acre, so 2.2 disturbed acres is bonded as 3 acres, or $9,000. If any of the disturbance is within a floodplain the bond doubles, which puts that same 3 acre site at $18,000. The ordinance notes the bond is not a Development Services fee. It is security, separate from what you pay for the permit itself.

Who needs it

The county's Regulations and Permitting page states that anyone conducting land disturbing activities in unincorporated areas must apply for a Land Disturbing Permit for Erosion and Sedimentation Control. The rules are in Article 13 of the Jefferson County Subdivision and Construction Regulations. Applicants also submit a Stormwater Management Plan and install erosion and sediment controls on site. Commercial sites fall under Article 14 as well, which adds post construction stormwater standards. Work inside a city's limits is handled by that city, not the county.

What the bond guarantees

The bond backs your obligation to install and maintain the erosion and sedimentation controls the permit requires. If controls fail and the developer does not fix them, the county can look to the bond to cover the work.

Permit fees are separate

Ordinance 1848 sets the Erosion Control Permit at $500.00 for residential, commercial and industrial work other than an individual single family residence, and $100.00 for an individual single family residence. Failed, incomplete or late cancelled erosion control inspections cost $55.00 each.

What drives the premium

Premium is set by the surety based on the bond amount, the applicant's credit and the size and history of the contractor or developer. Confirm the current bond form and filing steps with Jefferson County Development Services before the bond is issued.

Eligibility and Requirements for a Alabama Clearing, Earthwork and Other Land Disturbing Bond:

  • Jefferson County named as obligee on the county's Land Disturbing/Erosion Control Surety Bond Form.
  • Bond amount of $3,000 per disturbed acre, partial acres rounded up.
  • Double the bond amount for disturbance within a floodplain.
  • A Stormwater Management Plan and installed erosion and sedimentation controls under Article 13.
  • Article 14 post construction stormwater standards for commercial sites.

Alabama Clearing, Earthwork and Other Land Disturbing Bond FAQs:

How much is the bond for my site?

Take the disturbed acreage, round any fraction up to the next whole acre, and multiply by $3,000. Double that figure if any of the disturbance is within a floodplain. Those rules come from the county fee ordinance, Ordinance 1848.

Is the bond the same thing as the permit fee?

No. The Erosion Control Permit fee is $500 for most sites and $100 for an individual single family residence. The bond is separate security that the county holds while the land is disturbed.

Does this apply inside Birmingham or another city?

The county permit covers land disturbing activity in unincorporated Jefferson County. Cities in the county run their own programs, so check with the city if your site is inside its limits.

What does the bond protect?

It protects Jefferson County if the permit holder fails to install or maintain the erosion and sedimentation controls required by Article 13.

Official and Additional Resources for the Alabama Clearing, Earthwork and Other Land Disturbing Bond:

Other Jefferson County, AL Surety Bonds in Alabama

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