Amherst, NY Environmental Rules: Erosion Control (2026)
Key Facts
- Disturbance limit
- 5 acres at a time without approved SWPPP
- Inspection frequency
- Every 7 days, or after 0.5-in. storms
- Sediment trap cleanout
- At 50% capacity loss
- Notice before phases
- 48 hours to Town enforcement official
- Technical standard
- NY Erosion Control Manual (2004+)
Summary
Amherst's erosion and sediment control rules bar disturbing more than five acres of a construction site at one time without an approved plan, require inspections of erosion controls every seven days and after any half-inch storm, and set design standards straight from the state's Erosion Control Manual.
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
Full Breakdown
Chapter 172, Article II incorporates erosion and sediment control into the same stormwater framework. " Section 172-26(A) names the Erosion Control Manual and the New York State Stormwater Management Design Manual as the official technical standards; practices built to those specifications are presumed to meet Amherst's requirements, and where a practice departs from them the applicant must demonstrate equivalence through a licensed professional. Section 172-27(A)(2) requires a qualified professional to inspect and document the effectiveness of erosion and sediment control practices every seven days, and within 24 hours of any storm producing half an inch of precipitation or more, logging results in an on-site logbook, for projects meeting the acreage or impaired-waterway thresholds in § 172-25(B)(2).
During construction, § 172-27(A)(1) requires sediment to be removed from sediment traps or ponds once their design capacity drops by 50%. Section 172-29(A) further requires the applicant to give the Town's enforcement official at least 48 hours' notice before starting construction, installing erosion and sediment controls, or completing site clearing, rough grading, final grading, the close of the construction season, and final landscaping, so the Stormwater Management Officer can inspect and approve each phase or flag noncompliance.
Violations & Fines
Under § 172-29(A)(2), if inspections find a violation, the Town notifies the applicant and developer in writing of the required corrective action, and no further work beyond site stabilization may proceed until the violation is corrected and prior work is approved. Beyond that stop-work effect, § 172-31(D) applies the same fine structure as the general stormwater article: up to $350 for a first offense, $350 to $700 for a second within five years, and $700 to $1,000 for a third or later offense, with imprisonment up to six months possible for any tier and each week of continued violation a separate offense.
Frequently Asked Questions
How much land can a builder disturb at once in Amherst?
How often must erosion controls be inspected during construction?
How much advance notice does a contractor owe the Town before grading?
Sources & Official References
Other rules in Amherst
New York rules heatmap·Compare Amherst to another location·View the New York environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.