C&D Diversion Ordinances (Mandates)

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The following cities have some form of mandate regarding construction and demolition waste tracking and/or diversion. [Click city name to jump to the appropriate section on this page.]

Aspen, CO

Lakewood, CO - [Additional info to be posted.]

Fort Collins, CO - [Additional info to be posted.]

City/Region	City of Aspen, CO Link: https://aspen.gov/1716/Construction-and-Demolition-Debris-Diver
Description	Projects with more than 2,000 square feet must "meet a minimum recovery standard of 50% of total debris weight and submit a refundable deposit based on estimated tonnage." https://www.aspentimes.com/news/aspen-passes-ordinance-to-reduce-construction-and-demolition-waste/
Scope	Permitted projects with more than 2,000 square feet utilizing the Construction Mitigation Plan calculation. This is the combined square footage of the building work area + soil disturbance area. All Recoverable Materials must be separated and designated for recycling, repurposing, reuse, or any other alternative recoverable management practice. Materials requiring diversion: Concrete Corrugated Cardboard Porcelain Metal Appliances Asphalt Rock and Dirt Metal Single Stream Recyclables Organics Untreated (no stain, paint, or chemical treatment) lumber and pallets
Incentives for compliance	[Additional info to be posted.]
Penalties for non-compliance	Permittees must submit a deposit to the city based on the estimated tonnage of debris generated from the project. Projects will not be eligible for a return of the deposit if they do not meet a minimum of 50% diversion by the time of Final Inspection.

City/Region	Pitkin County, CO Link: https://pitkincounty.com/DocumentCenter/View/26097/Ord0152020
Description	A 2016 analysis of C&D loads sent to the landfill determined that 35% of those materials could have been diverted through existing recycling and reuse programs in Pitkin County. To extend the life of the landfill, the County has taken on new efforts to encourage diversion of C&D materials through the passage of Ordinance No. 015-2020 (and Amended Ordinance No. 008-2023). C&D waste diversion requirements are now tied to building and demolition permits from the Pitkin County Community Development Department and we have implemented new tipping fees for disposal of C&D materials. A tracking system monitors load amounts and notifies customers when they reach the tier limits. Once a tier limit has been reached, the scale system will then charge at the next higher tier tipping fee. The purpose of a tiered pricing structure is to encourage diversion and include construction projects outside of unincorporated Pitkin County. https://pitkincounty.com/192/Building https://www.landfillrules.com/construction-and-demolition-debris
Scope	All construction and demolition waste disposed of at County landfill.
Incentives for compliance	Source-separated loads of recoverable materials (i.e. loads containing only one type of material) brought to the SWC do not count towards the tiered tonnage limits and are cheaper to dispose of than in mixed loads.
Penalties for non-compliance	The SWC uses a tiered pricing structure to apply to all construction and demolition waste disposed of at our landfill. The pricing is determined on a per-job tonnage basis and applies to all C&D loads from permitted jobs within and outside of Pitkin County. Disposal rates from each job are tracked and assessed a higher tipping fee at designated tonnage limits. Loads containing a combination of trash and any of the recoverable materials listed below will be charged the maximum tipping fee (Tier 4).

City/Region	San Francisco, CA Link: https://sfenvironment.org/construction-demolition-requirements Department of Environment Year enacted: 2023
Description	Certain construction projects are required to recycle or reuse a minimum of 65% of the discarded materials generated by a project.
Scope	Building type: [Additional info to be added.] Applicability to renovation: [Additional info to be added.] Exceptions: [Additional info to be added.]
Incentives for compliance	[Additional info to be posted.]
Penalties for non-compliance	Fines up to $1,000 per day and suspension of their permit or registration

City/Region	Marin County, CA Link: https://www.marincounty.org/depts/cd/divisions/sustainability/green-building-requirements/construction-and-demolition-code
Description	Requirement: Minimum of 65% construction and demolition material from project reused or recycled. How to Comply: Submit Recycling & Reuse Plan form with permit application. Pay fee on square footage of project. Submit all disposal and recycling receipts at completion of project for release of Hold on Final Inspection.
Scope	Building type: Every construction, demolition, and renovation project within County jurisdiction. Building age: N/A Applicability to renovation: Includes renovation projects. Exceptions: Reroofing, drywall, and window replacement projects. Otherwise, exemptions are granted if the Community Development Agency Director determines that it is infeasible for the project to meet diversion requirements due to unique circumstances.
Incentives for compliance	[Additional info to be posted.]
Penalties for non-compliance	[Additional info to be posted.]

City/Region	[PROPOSED PLAN; IN DEVELOPMENT] Ferndale, MI Link: https://graham.umich.edu/activity/26371
Description	"Phase I - Materials Tracking Requirement: Report waste disposal How: Use waste tracking software to require weight tags, recycling reports, and salvage reports from current general and demolition contractors Phase II - Landfill diversion for demolished buildings older than 1931 Requirement: Material diverted from the landfill through reuse and recycling Stage A: 25% landfill diversion; Stage B: 50% landfill diversion; Stage C: 75% landfill diversion How: See Phase I + pre-demolition salvage survey, Waste Management Plan and Report Phase III - Landfill diversion for all buildings Phase IV - Full-building deconstruction requirements Requirement: No full building demolitions allowed. Buildings must be disassembled piece-by-piece rather than with excavation equipment How: see Phase III + no demolition equipment. Instead of demolition contractor, GC employs a certified deconstruction contractor." The proposed plan is as follows: Phase I - July 2023 Phase II - July 2024 to July 2026 Phase III - July 2025 to July 2027 Phase IV - July 2028
Scope	Building type: See above phased plan. Building age: See above phased plan. Applicability to renovation: [Additional info to be posted.] Exceptions: [Additional info to be posted.]
Incentives for compliance	[Additional info to be posted.]
Penalties for non-compliance	[Additional info to be posted.]

City/Region	Chicago, IL Link: https://www.chicago.gov/content/dam/city/depts/cdph/InspectionsandPermitting/ConstructionDemolitionRecyclingOrdinanceOverview.pdf Chicago Dept. of Public Health Year enacted: 2007
Description	Requirements: Required to recycle at least 50% of C + D debris Complete and email recycling form and affidavit. 10,000 sf+, $1,000.00 for each percentage under 50%. Projects less than 10,000 sf, $500.00 for each percentage under the required threshold.
Scope	Building type: All Residential with 4+ units. Commercial buildings with 4000+ SF Building age: N/A Exceptions/exemptions: Excludes lead, asbestos, or other hazardous materials.
Incentives for compliance	[Additional info to be posted.]
Penalties for non-compliance	[Additional info to be posted.]