Cheektowaga, NY Environmental Rules: Erosion Control (2026)
Key Facts
- Max disturbance without approved SWPPP
- 5 acres at a time
- Technical standard
- NY Erosion Control Manual
- Plan reviewer
- Town Engineer
- First-offense fine
- up to $350
- Repeat-offense fine
- up to $1,000
Summary
Cheektowaga caps land disturbance at five acres at a time on projects without an approved stormwater plan and requires erosion and sediment control practices in every plan the Town Engineer reviews. Chapter 209 ties the standard to the state 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.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).
Full Breakdown
Chapter 209's stormwater pollution prevention plan (SWPPP) requirements, § 209-7B(1)(d), require a construction phasing plan for clearing and grubbing, excavation, grading and utility work, and state that, consistent with the New York Standards and Specifications for Erosion and Sediment Control (the Erosion Control Manual), no more than five acres may be disturbed at any one time unless an approved SWPPP allows more. Every SWPPP must also describe temporary and permanent structural and vegetative measures for soil stabilization, runoff control and sediment control at each construction stage, show the location, size and dimensions of each erosion and sediment control practice on a site map, and set an implementation and maintenance schedule for those practices under § 209-7B(1)(g) through (l).
Section 209-8A designates the Erosion Control Manual and the New York State Stormwater Management Design Manual as the official technical standards; practices built to those manuals are presumed compliant. The Town Engineer reviews every SWPPP before a land development application proceeds, per § 209-7A, and may engage a registered professional engineer to review it at the applicant's cost.
Violations & Fines
Chapter 209 violations are enforced under § 209-14: the Town may issue a written notice of violation describing the deficiency and required remedial measures, appealable within 15 days, and may issue a stop-work order halting all land disturbance until compliance is confirmed. A first conviction carries a fine up to $350 or six months' imprisonment; a second offense within five years, $350 to $700; a third or subsequent offense within five years, $700 to $1,000, with each week of continued violation a separate offense, and the Town Engineer may withhold a certificate of occupancy until the site is restored.
Frequently Asked Questions
How much land can a builder disturb at once in Cheektowaga without extra approval?
What erosion control standard does Cheektowaga require builders to follow?
What happens if a construction site violates Cheektowaga's erosion control rules?
Sources & Official References
Other rules in Cheektowaga
New York rules heatmap·Compare Cheektowaga to another location·View the New York environmental rules overview
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