Bensalem, PA Environmental Rules: Erosion Control (2026)
Key Facts
- Before grading
- Erosion plan must be approved
- Reviewed by
- Bucks County Conservation District
- Approved by
- Planning Commission & Township Council
- NPDES trigger
- Over 5 disturbed acres
- Cleanup cost
- Falls on the causing party
Summary
Before any grading, excavating or vegetation removal begins on a proposed Bensalem subdivision or land development, Bensalem Township Code § 201-106(a) requires an erosion and sediment control plan reviewed by the Bucks County Conservation District and approved by the Planning Commission and Township Council, plus a land alteration permit under Ordinance No. 212.
No changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced within a proposed subdivision or land development until such time as a plan for minimizing erosion and sedimentation has been reviewed by the County conservation district, reviewed and approved by the Township Planning Commission and Bensalem Township Council and until a land alteration permit has been issued in accordance with Ordinance No. 212, as amended (see appendix E). ... An NPDES stormwater permit must be obtained for any project where the disturbance of earth will exceed five acres.
Full Breakdown
Section 201-106(a)(1), part of Chapter 201's article on environmental protection and open space preservation, bars any change to land contour, or any grading, excavating or removal of topsoil, trees or vegetative cover on a proposed subdivision or land development, until an erosion and sedimentation control plan clears three steps: review by the Bucks County Conservation District, review and approval by the Township Planning Commission and Bensalem Township Council, and issuance of a land alteration permit under Ordinance No. 212. Control measures must meet the Pennsylvania D.E.R.
Erosion and Sediment Control Handbook standards, verified by the Township Engineer. The control plan itself must minimize vegetation stripping and grading, preserve natural drainage and depression storage, keep the disturbed area and its exposure time to a practical minimum, stabilize disturbed soil with permanent vegetation or mechanical measures as soon as practicable, and trap sediment in runoff using debris basins, sediment basins or silt traps. Subsection (a)(1)d. adds a numeric trigger: any project disturbing more than five acres of earth must also obtain an NPDES stormwater permit.
Responsibility for cleanup falls on whoever causes the sedimentation under § 201-106(a)(3): that party must remove sediment from adjoining surfaces, drainage systems and watercourses and repair resulting damage at its own expense. Maintenance of drainage facilities stays with the developer until the Township accepts a dedicated right-of-way, an approved easement shifts the duty to lot owners, or an approved homeowners association takes over.
Violations & Fines
Section 201-106(a) is enforced through the subdivision and land development approval process rather than a standalone fine: the Township Planning Commission and Bensalem Township Council condition preliminary plan approval on the developer executing the required erosion and sediment control measures, and installation must meet Pennsylvania Department of Environmental Protection Bureau of Dams, Waterways, and Wetlands standards. A party who causes sedimentation is directly responsible under § 201-106(a)(3) for removing it from adjoining property and drainage systems and repairing any resulting damage at its own expense.
Frequently Asked Questions
Do I need approval before grading a new subdivision lot in Bensalem?
When does a project need a separate NPDES stormwater permit?
Who pays if my construction site sends sediment onto my neighbor's yard?
Sources & Official References
Other rules in Bensalem
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