Environmental Rules in Bethlehem, PA: What Residents Actually Need to Know

Every city handles environmental rules a little differently. In Bethlehem, Pennsylvania, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Stormwater Management

Bethlehem regulates stormwater under Codified Ordinances Article 925 (Stormwater Management Regulations), most recently substantially amended by Ord. 2019-20 (passed 7/2/2019). The ordinance implements Pennsylvania's Storm Water Management Act (Act 167 of 1978, 32 P.S. §§ 680.1 - 680.17) and the City's NPDES MS4 obligations under 25 Pa. Code Ch. 92a. It applies to regulated activities in the Catasauqua Creek and Lehigh River Sub-Basin, Monocacy Creek, Nancy Run, and Saucon Creek watersheds. New impervious cover over 10,000 sq ft triggers a Drainage Plan submission.

Key details: Code Article: Bethlehem Codified Ordinances Article 925. Most Recent Amendment: Ord. 2019-20 (passed 7/2/2019). State Authority: Storm Water Management Act, 32 P.S. §§ 680.1 - 680.17 (Act 167). MS4 Permit: 25 Pa. Code Ch. 92a (NPDES Phase II / PAG-13). Watersheds: Lehigh River, Monocacy Creek, Nancy Run, Saucon Creek, Catasauqua Creek.

Article 925 authorizes the City to require corrective action, issue stop-work orders, and pursue civil penalties for non-compliance. Under PA Third Class City Code (53 P.S. § 37403), municipal ordinance violations can carry fines up to $1,000 per day plus injunctive relief. Discharges of pollutants to the MS4 (sediment, paint, oil, chlorinated pool water) can also trigger PA DEP enforcement under the Clean Streams Law (35 P.S. § 691.601) and federal Clean Water Act penalties.

Compared to other cities, Bethlehem takes a harder line on stormwater management. The enforcement and penalty structure reflects that.

Flood Zones

Bethlehem regulates development in FEMA-mapped flood hazard areas through Zoning Code Article 1317 (Floodway and Flood-Fringe Districts), with the entire article amended on 7-16-14 by Ordinance 2014-20 to align with the new FIRMs effective the same date. The Zoning Officer serves as the Floodplain Administrator and issues every permit (§ 1317.04). The City lies along the Lehigh River and Monocacy Creek, both of which have mapped Special Flood Hazard Areas, and any construction, fill, or substantial improvement in those areas requires a floodplain permit and elevation to the regulatory flood elevation (BFE plus 1.5 ft freeboard).

Key details: Code Article: Bethlehem Zoning Code Article 1317. Adopting Ordinance: Ord. 2014-20 (entire article amended 7-16-14). Floodplain Administrator: City Zoning Officer (§ 1317.04). Permit Required: Yes, before any construction or development citywide (§ 1317.02). Freeboard: Regulatory Flood Elevation = BFE + 1.5 ft (§ 1317.22).

Section 1317.05.E authorizes the Floodplain Administrator to revoke permits and report violations to the Zoning Hearing Board. Building or substantially improving in the overlay without a permit can trigger fines under Article 1324 (Zoning Enforcement) and Pennsylvania municipal-penalty caps (up to $500-$1,000 per offense per day under 53 P.S. § 37403), revocation of building permits, and - critically - loss of flood insurance coverage and ineligibility for FEMA disaster assistance. Persistent municipal non-enforcement can result in NFIP probation or suspension, which would strip every property owner in Bethlehem of subsidized flood insurance.

This is not one of those rules that cities tend to ignore. Bethlehem actively enforces its flood zones requirements.

The Bottom Line

Bethlehem is tougher than many cities when it comes to environmental rules. Out of the 2 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Bethlehem, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Bethlehem's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.