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Allentown, PA Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing chapter
Code § 355 (Land Development Controls)
Plan preparer
Registered professional required (§ 355-8)
Max violation fine
$1,000 plus costs per offense
Jail exposure
Up to 90 days if unpaid
Insurance minimum
$100,000 property/injury coverage
Appeal deadline
20 days to Board of Appeals

Summary

Any land development in Allentown that exceeds the code's disturbance thresholds needs an approved erosion and sediment control plan before earthmoving starts. The City requires the plan be designed by a registered professional, sets numeric standards for diversion terraces, sedimentation basins and stabilization, and can require a performance bond plus $100,000 liability insurance before issuing permits.

The erosion and sedimentation control facilities set forth herein shall be appropriately incorporated into all earthmoving activities, unless the designer of the erosion and sedimentation control plan shows to the satisfaction of the City that alteration of these measures and facilities or inclusion of other measures and facilities will prevent accelerated erosion and sedimentation. A. Control measures. (1) All earthmoving activities shall be planned in such a manner as to minimize the extent of disturbed land. (2) All surface water shall be diverted away from the project area in such a manner as to minimize erosion but not create a hazard to persons or property. ... (4) All slopes, channels, ditches or any disturbed area shall be stabilized as soon as possible after the final grade or final earthmoving has been completed. (5) Where it is not possible to permanently stabilize a disturbed area immediately after the final earthmoving has been completed, or where the activity ceases for more than 20 days, interim stabilization measures shall be implemented promptly.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4995055; v49 updated 2026-06-26; through 06-26-2026).

Full Breakdown

Chapter 355, Land Development Controls, has governed earthmoving and site work in Allentown since it took effect July 3, 1973, and applies to any project whose scope exceeds the thresholds set in the chapter, plus existing development that becomes a hazard or public nuisance (§ 355-2). Before work begins, the developer must submit an erosion and sedimentation control plan prepared by a registered professional experienced in erosion control methods; the plan must analyze hydrology, geology, soils, topography and vegetation on the site (§ 355-8). 5 feet per second, and sedimentation basins need 7,000 cubic feet of capacity per tributary acre with a 24-inch freeboard, cleaned out once capacity drops to 5,000 cubic feet per acre.

Disturbed slopes and channels must be stabilized as soon as possible after final grading, and if stabilization isn't feasible or work pauses more than 20 days, interim stabilization measures are required immediately. Before the City issues a permit, it can require a cash or corporate bond covering the full estimated cost of the erosion and sediment control measures plus 1%, and where the work could endanger adjoining property, a certificate of insurance for at least $100,000 in property and personal injury coverage (§ 355-21). The City's authorized representative inspects work in progress and can order conformance or suspend work that doesn't match the approved plan (§ 355-24).

Appeals of an enforcement decision go to a City-appointed three-member Board of Appeals within 20 days, with further appeal to the Court of Common Pleas of Lehigh County (§ 355-23).

Violations & Fines

Violating any provision of Chapter 355, including working without an approved plan or ignoring required control measures, is a summary offense punishable by a fine of not more than $1,000 plus costs of prosecution and up to 90 days in jail if the fine goes unpaid; each day a violation continues counts as a separate offense. Stormwater discharge violations that damage human health or aquatic ecosystems through high-volume pollutant releases carry the same $1,000 fine and 90-day jail exposure (§ 355-25).

Frequently Asked Questions

Does every construction project in Allentown need an erosion control plan?
Only projects whose earthmoving exceeds the thresholds set in Chapter 355 need City-approved plans, but the chapter also reaches existing development if it becomes a hazard to life, property or public safety. Plans must be prepared by a registered professional and cover hydrology, soils, topography and vegetation before the City authorizes a permit under § 355-8.
Can the City require a bond before construction starts?
Yes. Under § 355-21, the City can require a cash or corporate bond equal to the estimated cost of all erosion and sediment control measures plus 1% before issuing permits, and where the work threatens adjoining property, a certificate of insurance covering at least $100,000 in property damage and personal injury claims.
What happens if erosion control measures fail during construction?
The City's inspector can issue a written order directing conformance or suspending further work until the site matches the approved plan under § 355-24. Continued violations risk plan revocation under § 355-18 and a summary fine of up to $1,000 per day plus prosecution costs and up to 90 days in jail.

Sources & Official References

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