09/19/2025
This week’s due diligence review revealed a growing trend.
Builders are getting blindsided by erosion control on projects that never used to trigger it.
And the costs are stacking up fast.
We’ve been doing due diligence in Lane County, Oregon, for years. Rural single-family homes were always straightforward. Erosion control was never a major consideration.
But this week, during a SiteFacts review, we found something different. Lane County recently passed Mercury TMDL regulations.
The result? In large portions of the county, even rural residential projects now require basic erosion control measures like silt fences, stabilized construction entrances, and routine inspections.
And this isn’t just an Oregon story. Across the country, erosion control is creeping into places where builders never expected it.
Here’s where I see it catching people off guard:
- Subdivisions where your individual lot is under an acre, but the overall development triggers requirements
- Cities that are pushing compliance down to single-lot homes
- Rural counties that never had rules adopting stormwater standards
- Projects near streams, wetlands, or floodplains facing extra scrutiny
The reality is simple. What used to be free now comes with a price tag.
Wattles, fencing, soil stabilization, inspections. It adds up.
Red flags to watch for:
- FEMA flood zones
- Properties near streams, rivers, or seasonal waterways
- Wetland areas
- Jurisdictions with stormwater systems
- Steeper slopes or tricky drainage
What smart builders are doing:
- Checking erosion requirements as part of the first site review
- Building relationships with suppliers and inspectors before they are needed
- Budgeting compliance costs up front instead of reacting later
- Timing construction carefully to minimize risk
Here’s the lesson I keep coming back to. Even if you know a market well, you can’t assume the rules will be the same this year as they were last year.
The builders who adapt quickly will protect their margins. The ones who get caught by surprise will be dealing with blown budgets and delayed projects.
Are you seeing erosion control show up in markets where it never used to?
What’s been your experience?
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