How Erie Handles Environmental Rules: A Practical Guide

Erie maintains 110 local ordinances across all categories, and 4 of those deal specifically with environmental rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Erie falls on the strict-to-permissive spectrum compared to other cities.

Flood Zones

Anyone building, filling, grading or otherwise developing land within Erie's identified floodplain area must first get a permit from the city's Floodplain Administrator. Undertaking construction there without one is unlawful and carries a summary-offense fine.

Key details: Permit issuer: Floodplain Administrator (City Engineer). Governing maps: FEMA FIS/FIRM dated June 7, 2017. Fine range: $100 to $1,000 plus costs. Jail if unpaid: Up to 90 days. Construction start deadline: 180 days after permit issuance.

Failing to obtain a permit before building in the floodplain, or otherwise violating Article 945, is a summary offense; on conviction the fine runs from $100 to $1,000 plus prosecution costs, with up to 90 days in jail if the fine isn't paid. Each day of noncompliance can support a separate action, and the city can also pursue civil equity relief or declare a noncompliant structure a public nuisance subject to abatement.

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

Stormwater Management

Erie regulates stormwater runoff and land-disturbing construction under Article 946, the Stormwater Quality Management Ordinance. Earth disturbance of 5,000 square feet or more triggers a DEP Erosion and Sediment Control Plan and NPDES permit; smaller disturbances fall under the Bureau of Engineering. Illegal discharges into the storm sewer and unapproved roof-drain connections are banned citywide.

Key details: Governing law: Ordinance No. 20-2004, Article 946. Plan trigger: 5,000+ sq ft disturbance needs DEP plan. Small-site rule: Under 5,000 sq ft: Bureau of Engineering. Construction permit: DEP NPDES PAG-2 General Permit required. Roof drains: No storm sewer hookup without City Engineer OK.

Section 946.15(a) deems any violation of Article 946 a public nuisance, with each day of continued violation counted as a separate offense. The Municipality can order compliance by written notice requiring monitoring, elimination of prohibited connections, cessation of violating discharges, or restoration of affected property. Section 946.16 makes a violation a summary offense punishable by a fine of up to $1,000 per violation plus costs, or imprisonment of up to 90 days, or both, with each day a separate offense; the City Solicitor may also seek injunctive or mandamus relief.

Flood Elevation Requirements

In Erie's mapped AE, A1-30 and AH flood zones, new construction and substantial improvements must have their lowest floor at or above the Regulatory Flood Elevation, which the code defines as the FEMA base flood elevation plus a mandatory 1.5-foot freeboard safety margin.

Key details: Freeboard added to BFE: 1.5 feet. Applies in zones: AE, A1-30, AH. No-data fallback elevation: 3 feet above highest adjacent grade. Electrical panel minimum: 3 feet above BFE. Street elevation limit: No more than 1 foot below Regulatory Flood Elevation.

Building below the required elevation is enforced the same way as any other Article 945 violation: the Floodplain Administrator issues a written notice with up to 30 days to correct it, and failure to comply is a summary offense carrying a fine of $100 to $1,000 plus prosecution costs, with up to 90 days in jail if unpaid. A structure built out of compliance can be declared a public nuisance and ordered abated, and the city may also seek equitable relief in court.

Compared to other cities, Erie takes a harder line on flood elevation requirements. The enforcement and penalty structure reflects that.

Erosion Control

Every major subdivision built in the City of Erie needs a soil erosion and sedimentation control plan before grading starts, built to Pennsylvania's Chapter 102 erosion standards and reviewed by the Erie County Soil Conservation District. The Planning Commission can extend the same plan requirement to minor subdivisions, and the plan has to stay in force through the entire construction period, not just at approval.

Key details: Trigger: Required for all major subdivisions. Standard: PA Chapter 102 erosion rules. Reviewer: Erie County Soil Conservation District. Minor subdivisions: City may require same plan. Penalty: Up to $500 per day.

Grading or building without a filed, County-reviewed erosion control plan exposes a developer to a civil enforcement judgment of up to $500 per day under Section 1106.2(a), plus the City's court costs and reasonable attorney fees. Each day the violation continues counts as a separate offense unless the district justice finds a good-faith belief that no violation existed. The City can also refuse to issue any further permit or approval on the parcel to the current owner, a later buyer, or a tenant under Section 1106.1(b).

The Bottom Line

Erie is tougher than many cities when it comes to environmental rules. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Erie, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Erie's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.