Surety Bond Encyclopedia

Erosion Control Performance Bond - Snohomish County, WA in Washington

Brief Summary

There is no fixed dollar amount for this bond. Snohomish County sets it as a percentage of the approved estimate for installing and maintaining your erosion and sediment control measures, and the permit will not issue until the security is accepted. A surety bond lets you post that security for an annual premium instead of tying up the full amount in an assigned savings account for the life of the project.

Snohomish County requires a performance security for erosion and sediment control before it issues any permit for development that needs a full drainage plan under chapters 30.63A and 30.63B SCC (SCC 30.84.120). The amount is a percentage of the estimated cost of the erosion control work. The county's bond page states 150%, while the current code default in SCC 30.84.015 is 110%, so confirm the figure on your project's estimate. The obligee is Snohomish County, the bond must be written by a surety authorized in Washington, and a performance security administration fee applies under SCC 30.86.510.

We can help with all Washington bonds!

How to Apply for a Erosion Control Performance Bond:

Confirm whether your project requires a full drainage plan under chapters 30.63A and 30.63B SCC, which makes the security mandatory before permit issuance.
Obtain the county approved cost estimate for installing and maintaining the erosion and sediment control measures, and the resulting security amount.
Provide the permittee's legal name, address, project name and county file number exactly as they appear on the permit application.
Complete the surety application and indemnity agreement and review the premium quote.
Have the surety execute the Snohomish County Erosion Control Improvement Bond form.
Submit the executed bond with the performance security administration fee under SCC 30.86.510.
Grant the county the construction easement required by SCC 30.84.020(6) before permits issue.

Detailed Information About the Washington Erosion Control Performance Bond:

The amount is not a flat figure

This bond has no set dollar amount. It is sized from the county approved estimate of what it would cost to install and maintain your erosion and sediment control measures, so two projects in the same county can need very different bonds.

The county's own sources do not agree on the percentage. The Snohomish County Bonds and Assignment of Funds page says the erosion control bond is 150% of the estimated cost of installing and maintaining erosion and sediment control measures through the life of the project. The current Unified Development Code sets a default under SCC 30.84.015(1)(a) of 110 percent of the cost of covered work, calculated at the time the device expires, unless another part of Title 30 provides otherwise. The 150 percent figure that does appear in the current code, SCC 30.84.105(4), applies to delayed construction of improvements, not to erosion control. SCC 30.84.020(3) also requires every security device to include an inflation factor for its term and any allowed extensions. Use the amount the county writes on your project's bond estimate, not a number from a website.

Who has to post it

Under SCC 30.84.120(1), the applicant must furnish a performance security before any permit or approval issues for development activity that requires a full drainage plan under chapters 30.63A and 30.63B SCC. It secures the installation and maintenance of erosion and sediment control measures under the approved plans.

For land disturbing activity under chapter 30.63B that does not require a full stormwater site plan, SCC 30.84.130 makes the security discretionary. The director may require one, but it is not automatic.

Who is exempt

SCC 30.84.010 exempts state agencies and units of local government, including school districts. They still have to meet every permit condition, and the county can enforce by withholding certificates or through legal action. Franchised private utilities do not have to post a performance or maintenance security if the available amount of their franchise security device is equal to or greater than the security that would otherwise be required.

This code applies to permits issued by Snohomish County. Projects inside an incorporated city are governed by that city's own code.

Fees, form and alternatives

SCC 30.86.510 sets a performance security administration fee of $19.50 per subdivision or short subdivision lot, or $0.005 per square foot of impervious area for all other permits. The county provides an Erosion Control Improvement Bond form naming Snohomish County, State of Washington as obligee, and requires the surety to be duly authorized to transact business in Washington. SCC 30.84.020 also accepts letters of credit and assignments of funds, and the county offers an Assignment of Funds in Lieu of Erosion Control Improvement Bond form.

The county bond form still cites SCC 30.63A.410, which the code publisher shows as repealed effective January 22, 2016. The operative provisions today are chapter 30.84 SCC and SCC 30.63A.900.

How long it stays in place

The security remains in effect until final inspection and construction acceptance by the county, and under SCC 30.84.120(1) it is not released until a maintenance security is accepted. Erosion and sedimentation control facilities cannot be deferred under the delayed construction rules in SCC 30.84.105(1)(c).

If the work is not done

Under SCC 30.84.050, the director sends a notice of noncompliance with a completion date. If the work is still not done, the security can be forfeited. The surety then has 30 days from demand to either fix the problem on an acceptable schedule or tender funds within 15 days to cover the cost.

How premium is set

Premium is quoted by the surety, not by the county. It depends on the bond amount on your county estimate, the credit and financial strength of the permittee and its owners, and experience completing comparable site work. Performance bonds of this kind usually require a signed indemnity agreement.

Eligibility and Requirements for a Washington Erosion Control Performance Bond:

Snohomish County, State of Washington named as obligee.
Surety duly authorized to transact business in Washington.
Bond amount set as a percentage of the county approved erosion control cost estimate, including the inflation factor required by SCC 30.84.020(3).
Administration fee of $19.50 per subdivision or short subdivision lot, or $0.005 per square foot of impervious area for other permits.
Bond stays in force until final inspection and construction acceptance and until a maintenance security is accepted.
Assignment of funds or letter of credit accepted in place of a surety bond.

Washington Erosion Control Performance Bond FAQs:

How much is the Snohomish County erosion control bond?

There is no flat amount. It is a percentage of the county approved estimate for installing and maintaining your erosion and sediment control measures. The county's bond page lists 150%, while SCC 30.84.015(1)(a) sets a default of 110 percent unless Title 30 provides otherwise. Go by the amount on your project's county estimate.

Does every project need this bond?

It is mandatory before permit issuance when a full drainage plan is required under chapters 30.63A and 30.63B SCC (SCC 30.84.120). For land disturbing activity that does not require a full stormwater site plan, the director may require one but does not have to (SCC 30.84.130).

Who is exempt?

State agencies and units of local government, including school districts, are exempt under SCC 30.84.010, although they must still meet all permit conditions. A franchised private utility is exempt if its existing franchise security is equal to or greater than the security that would otherwise be required.

Is there a county fee on top of the premium?

Yes. SCC 30.86.510 sets a performance security administration fee of $19.50 per subdivision or short subdivision lot, or $0.005 per square foot of impervious area for all other permits.

Can I post cash instead of a bond?

Yes. SCC 30.84.020 accepts bonds, letters of credit and assignments of funds, and the county provides an Assignment of Funds in Lieu of Erosion Control Improvement Bond form. The trade off is that the full amount sits in the assigned account until the county releases it.

When is the bond released?

After final inspection and construction acceptance by the county, and not before a maintenance security is accepted (SCC 30.84.120 and 30.84.070). A maintenance security under SCC 30.84.015(2) is at least 20 percent of the documented in place cost, or 15 percent when the cost exceeds one million dollars, and runs two years.

Can I delay the erosion control work and bond it instead?

No. SCC 30.84.105(1)(c) excludes erosion and sedimentation control facilities from delayed construction, so they have to be installed as the project proceeds.