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Everett, MA Environmental Rules: Erosion Control (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Review threshold
10,000 square feet of land disturbed, draining to the MS4
Land disturbance permit
More than one-half acre (21,780 square feet) or higher pollutant load use
Plan preparer
Professional engineer or CPESC
Security
Bond, letter of credit or cash, if the authority requires it
Criminal penalty maximum
$300.00 per violation, each day a separate offense
Decisions
Final, with further relief to a court

Summary

In the City of Everett, Massachusetts, any activity disturbing ten thousand square feet of land or more that drains to the municipal storm sewer system needs approval from the Planning Board, which acts as stormwater authority. Ten thousand square feet up to one-half acre needs a land disturbance review. More than one-half acre, or a higher pollutant load use, needs a land disturbance permit.

(a) Article III of this Chapter shall apply to all activities that result in disturbance of ten thousand (10,000) square feet of land or more that drains to the municipal separate storm sewer system (MS4). Except as authorized by the stormwater authority or as otherwise provided in this Chapter, no person shall perform any activity that results in disturbance of ten thousand (10,000) square feet of land or more. ... (1) Land disturbance review is required for projects disturbing between ten thousand (10,000) square feet and one-half (1/2) acre of land. (2) A land disturbance permit is required for disturbance of greater than one-half (1/2) acre (21,780 square feet) of land or for a proposed use that is listed as a land use of higher potential pollutant loads as defined in the Massachusetts Stormwater Management Standards. ... Any person that fails to follow the requirements of a land disturbance permit and the related erosion and sedimentation control plan, and the operations and maintenance plan issued under the stormwater management regulations, shall be in violation of the City of Everett ordinances.

Full Breakdown

Article III of Chapter 15A sets the construction-site rules. Section 15A-41 applies to all activities that disturb ten thousand (10,000) square feet of land or more that drains to the MS4, and no person can perform such an activity except as the stormwater authority authorizes. Section 15A-42 requires an application to the stormwater authority and says approval or permit must be obtained before land-disturbing or redevelopment activity begins. The permit file includes an Erosion and Sedimentation Control Plan, defined in Section 15A-2 as a document with narrative, drawings and details developed by a qualified professional engineer (PE) or a certified professional in erosion and sedimentation control (CPESC), setting best management practices to control runoff, erosion and sedimentation during pre-construction and construction.

Section 15A-41(b) lists five exemptions: maintenance of existing landscaping, gardens or lawn areas at a single-family dwelling that causes no nuisance; fencing that will not substantially alter terrain or drainage; non-drainage utilities that will not alter drainage or send sediment to the MS4; normal maintenance of agricultural or aquacultural land; and land under Wetlands Protection Act jurisdiction, or needing other Planning Board permits, that shows compliance through a valid order of conditions from the conservation commission. Section 15A-44 requires inspections to verify compliance. Section 15A-45 lets the authority require a surety bond, irrevocable letter of credit, cash or other security before work starts, and release part of it phase by phase.

Under Section 15A-46, a reviewed project files a written notice with photographic evidence, while a permitted project files a report with certified as-built plans from a Professional Engineer or Professional Land Surveyor certifying that all erosion and sedimentation control devices were completed as approved.

Violations & Fines

Section 15A-47 lets the authority order a stop to land-disturbing work, additional erosion and sediment control measures, monitoring, or remediation of erosion and sedimentation. If the owner does not act by the deadline, the city does the work at the owner's cost. A criminal complaint carries a maximum of $300.00 per violation, each day a separate offense, or the city can use noncriminal disposition under M.G.L. Chapter 40, Section 21D and Section 1-8.

Frequently Asked Questions

When do I need a land disturbance permit in Everett?
Section 15A-41(a)(2) requires a land disturbance permit for disturbance of more than one-half acre (21,780 square feet), or for a use listed as a land use of higher potential pollutant loads under the Massachusetts Stormwater Management Standards. Smaller projects between ten thousand square feet and one-half acre need a land disturbance review in the City of Everett, Massachusetts.
Who prepares an erosion and sedimentation control plan?
Section 15A-2 defines the plan as a document of narrative, drawings and details developed by a qualified professional engineer (PE) or a certified professional in erosion and sedimentation control (CPESC). It includes best management practices or equivalent measures to control surface runoff, erosion and sedimentation during pre-construction and construction land disturbance.
Is a single-family lawn or garden project exempt?
Section 15A-41(b)(1) exempts maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling, if conducted so as not to cause a nuisance. Fencing that will not substantially alter existing terrain or drainage patterns is also exempt under Section 15A-41(b)(2).
What happens when the work is finished?
Under Section 15A-46, a land disturbance review project sends the stormwater authority a written notice with photographic evidence the work followed the plan. A land disturbance permit project submits a report with certified as-built plans from a P.E. or P.L.S. certifying every erosion and sedimentation control device was completed as approved.

Sources & Official References

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