Clifton, NJ Environmental Rules: Erosion Control (2026)
Key Facts
- Permit required for
- Off-site soil removal/excavation
- Permit fee range
- $25 to $1,000 by acreage
- Erosion review factor
- Soil erosion by water and wind (Sec. 387-6)
- Permit validity
- 6 months, extendable once
- Protected topsoil depth
- Top 6 inches must be respread
- Max penalty
- $500 fine and/or 90 days jail
Summary
Before hauling dirt off a Clifton construction site for sale or off-site use, an owner needs a Council-issued soil-removal permit costing $25 to $1,000 by acreage. Section 387-6 makes soil erosion by water and wind, and drainage impact, explicit factors the City must weigh before granting it, and a performance bond is required.
No person shall excavate or otherwise remove soil for sale or for use other than the premises from which the soil is taken, except in connection with the construction or alteration of a building on such premises, and excavation or grading incidental thereto, without first obtaining permission from the Council and a permit as required by this chapter. ... The Council, in considering the application and in arriving at its decision, shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors: (1) Soil erosion by water and wind. (2) Drainage. (3) Soil fertility. (4) Lateral support slopes and grades of abutting streets and lands. (5) Land value and uses. (6) Preservation of trees and shrubbery.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4963532; v64 updated 2026-07-21; through 07-21-2026).
Full Breakdown
Clifton Code Section 387-1 requires anyone excavating or removing soil for sale, or for use somewhere other than the premises it came from, to first get Council permission and a permit, unless the removal is incidental to constructing or altering a building on that same property. Section 387-2 requires a sworn application to the City Clerk with a metes-and-bounds description of the land and a surveyor-certified map showing existing and proposed contour lines. Section 387-3 sets the permit fee on a sliding scale by parcel size: $25 under a quarter acre, $50 up to a half acre, $100 up to one acre, $500 up to five acres, and $1,000 for five acres or more.
The application goes to the Planning Board for a recommendation within 30 days under Section 387-5, and Section 387-6 requires the Council, before granting a hearing and deciding the application, to weigh public health, safety and general welfare with particular attention to soil erosion by water and wind, drainage, soil fertility, lateral support and slopes of abutting streets and lands, land value and uses, and preservation of trees and shrubbery. A permit issues only if the Council finds the removal will not create sharp declivities, pits, depressions, erosion, fertility loss, depressed land values or drainage and sewerage problems; it is valid six months, extendable once for another six.
Section 387-8 forbids removing the top six inches of arable soil, which must be set aside and respread when the rest of the soil is gone, and Section 387-9 requires a bond to guarantee the work is finished properly.
Violations & Fines
Section 387-12 makes any violation of the soil removal chapter punishable, upon conviction, by a fine of up to $500 or imprisonment for up to 90 days, with each day a violation continues or occurs treated as a separate offense. Removing soil without the required Section 387-1 permit, or stripping the protected six-inch topsoil layer in violation of Section 387-8, both trigger that penalty.
Frequently Asked Questions
Does Clifton require a permit to remove soil during construction?
What does Clifton consider when deciding a soil removal permit?
How much does a Clifton soil removal permit cost?
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Sources & Official References
Other rules in Clifton
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How other cities in Passaic County handle erosion control.