Clarkstown, NY Environmental Rules: Erosion Control (2026)
Key Facts
- Active disturbance limit
- 5 acres at any one time
- Routine inspection frequency
- Every 7 days minimum
- Storm-triggered inspection
- Within 24 hrs of 0.5-inch rain event
- Sediment trap cleanout trigger
- 50% loss of design capacity
- Enforcement tool
- Stop-work order by SMO
Summary
Clarkstown's Chapter 249A, Article II caps active construction disturbance at five acres at a time and requires a qualified professional to inspect erosion and sediment control practices at least weekly and after any half-inch storm.
Construction phasing plans 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. ... (2) For land development activities as defined in § 249A-25 of this article and meeting Condition A, B or C in § 249A-26D, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days or more often as required by the SMO and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
Full Breakdown
" That SWPPP must also detail the dimensions, materials and installation specifics for every erosion and sediment control practice on site, a maintenance schedule for those practices, and an implementation schedule showing when each temporary control goes in and how long it stays. Once construction starts, § 249A-28A(1) requires the applicant or developer to properly operate and maintain every control practice, removing sediment from a sediment trap or pond once it loses 50% of its design capacity. 5 inch of precipitation or more," with results kept in a site logbook.
The developer or a representative must also be on-site at all times during construction or grading to inspect and document control effectiveness (§ 249A-28A(3)). "
Violations & Fines
The Stormwater Management Officer may issue a stop-work order for any erosion-control violation, halting all land development activity except the work needed to fix it, under § 249A-30B. Underlying Chapter 249A penalties apply: up to $1,000 for a first offense, $1,000-$2,500 or 15 days in jail for a second offense within five years, and $2,500-$5,000 or 15 days in jail for a third, plus a discretionary civil penalty up to $3,000 per violation after a Town Board hearing.
Frequently Asked Questions
How much land can a Clarkstown construction site disturb at once?
How often must erosion controls be inspected on a Clarkstown site?
Can Clarkstown stop construction over an erosion-control violation?
Sources & Official References
Other rules in Clarkstown
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