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Colonie, NY Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Town Code Ch. 190, Art. XIV, §§ 190-73 to 190-82
Plan required
SWPPP with erosion and sediment control component
Trigger for standalone SWPPP
Over 1 acre of disturbance
Technical standard
NY Standards and Specifications for Erosion and Sediment Control
First-offense penalty
Up to $5,000 fine or 6 months jail
Repeat-offense penalty
Up to $15,000 fine, third offense in 5 years
Enforcer
Commissioner of Public Works / Stormwater Management Officer

Summary

The Town of Colonie requires a stormwater pollution prevention plan with an erosion and sediment control component before approving any land development activity, applying the New York Standards and Specifications for Erosion and Sediment Control (the Blue Book) statewide manual to every soil disturbance in town.

Erosion and sediment control plan. All SWPPPs shall, at a minimum, have an erosion and sediment control plan that provides control measures to minimize the discharge of pollutants and prevent a violation of water quality standards. Erosion and sediment control plans shall meet the requirements of the New York State Standards and Specifications for Erosion and Sediment Control and the Town of Colonie highway and drainage standards.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4902401; v37 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Town Code § 190-78A bars approval of any land development activity, and bars issuance of a grading permit, until a stormwater pollution prevention plan (SWPPP) is accepted. Under § 190-78B every SWPPP must include, at minimum, an erosion and sediment control plan meeting the New York State Standards and Specifications for Erosion and Sediment Control and the Town's own highway and drainage standards. Section 190-79 sets the performance criteria: the smallest practical area of land must be exposed at any one time, exposure must be kept to the shortest practical period, and any area over one acre exposed for more than two weeks needs temporary vegetation, mulch, geo-textiles or emulsion, a construction fence where airborne soil is a risk, and dust control such as watering temporary roadways in dry weather.

Sediment basins, debris basins, silting basins, silt fencing or silt traps must be installed and maintained to remove sediment from runoff on any land undergoing development, and no vegetation or waste material may be buried on site. Article XIV applies to all real property in the Town under § 190-76A; projects under subdivision or site plan review submit the SWPPP with that application, while any other land development activity disturbing over one acre must submit a SWPPP to the Stormwater Management Office under § 190-76C.

Before approval, § 190-79E requires the applicant to deposit a cash escrow with the Town Comptroller to guarantee the site work; the Bureau of Engineering inspects on completion and releases the deposit only once the work matches the approved plan. Section 190-81A requires 48 hours' notice to the Town before key construction milestones, including installation of sediment and erosion control measures, so an inspector can confirm compliance.

Violations & Fines

Section 190-81K makes a violation of Article XIV punishable by a fine of up to $5,000 or up to six months in jail, or both, for a first offense; a second offense within five years carries a fine of $350 to $10,000; a third or subsequent offense within five years carries a fine of $700 to $15,000, with the same six-month jail exposure. Each week a violation continues is a separate offense, the Commissioner of Public Works can withhold a certificate of occupancy under § 190-81L, and the Town may issue a stop-work order under § 190-81I or restrain the activity by injunction under § 190-81J.

Frequently Asked Questions

Do I need an erosion control plan to build in Colonie?
Yes if the project needs subdivision or site plan approval, or disturbs more than an acre outside that review. Section 190-78A blocks approval of the land development activity, and blocks the grading permit itself, until a stormwater pollution prevention plan with an erosion and sediment control component is accepted.
What erosion control measures does Colonie actually require on site?
Section 190-79D requires temporary vegetation, mulch, geo-textiles or emulsion on areas over an acre exposed more than two weeks, construction fencing where soil could go airborne, dust control on temporary roadways, and sediment basins, silt fencing or silt traps installed and maintained to remove sediment from runoff during development.
What happens if I skip erosion controls during construction in Colonie?
Section 190-81K sets a first-offense fine up to $5,000 or six months in jail, rising to $350-$10,000 for a second offense and $700-$15,000 for a third within five years, with each week of continued violation counted as a separate offense. The Town can also issue a stop-work order and withhold your certificate of occupancy.

Sources & Official References

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