Albany, NY Environmental Rules: Erosion Control (2026)
Key Facts
- Governing law
- City Code Ch. 133, Art. XIV
- Trigger without site plan review
- Fill within 100 ft of water/wetland
- Also triggers
- 15° slope or 30 cubic yards fill
- Enforcing officer
- Stormwater Management Officer
- First-offense penalty
- Up to $250 fine or 15 days
Summary
Albany requires an approved stormwater pollution prevention plan with an erosion and sediment control plan before any land development activity breaks ground, and disturbing land near water or steep slopes triggers the requirement regardless of project size.
Regardless of the size of the land development activity, at a minimum an erosion and sediment control plan must be filed (and approved) if fill is deposited within 100 feet of a stream, surface water or wetland. A plan is also needed if fill is going to be deposited on a slope of 15° or more or if filling in excess of 30 cubic yards at any one time on a parcel.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).
Full Breakdown
Albany's Stormwater Management and Erosion Control law (City Code Ch. 133, Art. XIV) requires an SWPPP with a sediment and erosion control plan for land development activity subject to subdivision or site plan review, reviewed by the Stormwater Management Officer. Even projects outside that review must file a plan if fill lands within 100 feet of a stream, surface water, or wetland, on a slope of 15 degrees or more, or exceeds 30 cubic yards at once. Plans must follow the state's Erosion Control Manual ('Blue Book'). Violators face a fine up to $250 or 15 days in jail for a first offense, rising to a misdemeanor with fines up to $5,000 for repeat violations.
Violations & Fines
First offense: up to $250 fine or 15 days in jail. Repeat violation within five years: misdemeanor, $350-$5,000 fine or up to six months in jail; each 5 days of continued violation counts separately.
Frequently Asked Questions
Do I need a permit to grade or fill land in Albany?
What happens if I disturb soil without an approved plan?
Sources & Official References
Other rules in Albany
New York rules heatmap·Compare Albany to another location·View the New York environmental rules overview
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Erosion Control in Nearby Cities
How other cities in Albany County handle erosion control.