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Elizabeth, NJ Environmental Rules: Erosion Control (2026)

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

Key Facts

Erosion standard source
NJ Soil and Sediment Control Act, N.J.S.A. 4:24-39
Implementing rules
N.J.A.C. 2:90
Minor development rule
No erosion increase on or off site
Review path
Site stormwater plan to board, engineer or zoning officer
Max penalty
$2,000 fine plus $1,250 repeat-offense fine

Summary

Elizabeth ties construction-site erosion control to New Jersey's own minimum standard: Section 13.24.030 requires every major development's stormwater measures to meet the erosion-control minimums set by the state's Soil and Sediment Control Act and its implementing rules, alongside groundwater recharge and runoff quality and quantity controls, while smaller minor developments must independently avoid increasing erosion on or off the site.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:1.The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31).

Full Breakdown

24 (Stormwater Management) as rewritten by Ordinance No. 6014 on June 25, 2024, sets erosion control as one of four design standards every major development's stormwater measures must satisfy, alongside groundwater recharge, runoff quantity control and runoff quality treatment. A. C. 2:90, govern what erosion-control measures a major development site must install during construction. 110(C) sets a separate but related rule: no minor development may cause an increase in erosion on site or off site, and any downspout or area drain serving an impervious surface must discharge to a pervious surface or an approved stormwater best-management practice, unless the city engineer approves otherwise.

110(C)(4) additionally requires soil erosion and sediment control measures on minor development sites to follow the Standards for Soil Erosion and Sediment Control in New Jersey, the state's technical manual for construction-phase practices like silt fencing, inlet protection and stabilized construction entrances. 110(B) must demonstrate compliance with these erosion-control references before any building or grading permit tied to the project can proceed.

Violations & Fines

Erosion control violations under Chapter 13.24 draw the same penalty whether tied to a major or minor development: Section 13.24.120, applied to minor developments through Section 13.24.110(E), sets a fine of not more than $2,000, up to ninety days in the Union County Jail, or up to ninety days of community service, with an added fine of up to $1,250 for a repeat conviction within one year.

Frequently Asked Questions

What erosion-control standard applies to construction sites in Elizabeth?
Section 13.24.030(A)(1) requires major development stormwater measures to meet the minimum erosion-control standards set by New Jersey's Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and its implementing rules at N.J.A.C. 2:90, rather than a separate city-written numeric standard. The city adopts the state's construction-phase erosion rules by reference through this section.
Do smaller residential projects in Elizabeth have erosion control rules too?
Yes. Section 13.24.110(C), covering minor development, bars any project from increasing erosion on site or off site and requires downspouts and area drains serving impervious surfaces to discharge onto pervious ground or an approved stormwater practice unless the city engineer approves otherwise. Section 13.24.110(C)(4) also requires following the state's Standards for Soil Erosion and Sediment Control.
What's the penalty for an erosion control violation on an Elizabeth construction site?
Section 13.24.120 sets a fine of up to $2,000, up to ninety days in the Union County Jail, or up to ninety days of community service for violating Chapter 13.24, including its erosion-control provisions. A repeat conviction for the same violation within a year adds up to an additional $1,250 fine on top of the original penalty.

Sources & Official References

Other rules in Elizabeth

Fence Regulations: Height LimitsSome RestrictionsBoat Dock PermitsSignificant RestrictionsFlood ZonesSignificant RestrictionsFlood Elevation RequirementsSome RestrictionsStormwater ManagementSignificant RestrictionsVehicle Idling RestrictionsSome RestrictionsNoise Ordinances: Decibel LimitsSome RestrictionsParking Rules: Driveway RulesSome RestrictionsFence Regulations: Material RestrictionsHeavy RestrictionsFence Regulations: Retaining WallsSome RestrictionsFence Regulations: Fence Permit RequirementsSome Restrictions

All Elizabeth rules

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