Clay, NY Environmental Rules: Erosion Control (2026)

Section 230-20D applies to all land development activity, defined as construction that includes clearing, grading, excavating, soil disturbance or fill placement resulting in disturbance of one acre or more, or a smaller piece of a larger common plan of development or sale even if phases occur on different schedules. No application for a covered project can be reviewed until the appropriate board has received a stormwater pollution prevention plan prepared under the subsection, and the Stormwater Management Officer accepts and reviews SWPPPs, forwarding them to the applicable municipal board or engaging a licensed engineer at the applicant's cost.

Projects already subject to subdivision, site plan or special permit review go through the Planning Board and Town Board; other covered projects submit a SWPPP directly to the Stormwater Management Officer. The construction phasing plan required in every SWPPP must follow the New York Standards and Specifications for Erosion and Sediment Control, known locally as the Erosion Control Manual, and it caps active disturbance at five acres at any one time unless a larger area is specifically approved in the SWPPP. Listed exemptions include agricultural activity, silviculture other than landing areas and haul roads, routine maintenance disturbing under five acres, cemetery graves, utility pole and fence installation, emergency work, home gardening and landscaping around an existing structure.

The subsection was added by Local Law No. 2-2008 and expressly implements SPDES General Permits GP-02-01 and GP-02-02 administered by the New York State Department of Environmental Conservation.