Hackensack, NJ Environmental Rules: Erosion Control (2026)
Key Facts
- Erosion design standard
- State Soil and Sediment Control Act, N.J.S.A. 4:24-39, incorporated locally
- Plan required
- Erodible soils and sediment control shown on stormwater plan, § 141-39
- C.O. condition
- No certificate of occupancy until plan is complete, § 175-4.3A(2)
- Penalty
- Up to $1,000 per day or 90 days jail, § 141-41
Summary
Hackensack folds erosion control into its development approval process rather than running a separate ordinance: Chapter 141's stormwater rules require major development to meet the state's minimum erosion-control standard, and Chapter 175 makes a soil erosion and sediment control plan a condition of any certificate of occupancy issued after site plan approval.
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. ... No certificate of occupancy shall issue unless all improvements and construction required by site plan approval have been properly installed and completed, including all requirements of applicant's soil erosion and sediment control plan, when required, and all conditions annexed to the resolution of approval have been complied with.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4592721; v20 updated 2026-01-06; through 01-06-2026).
Full Breakdown
Hackensack does not run a freestanding erosion ordinance; it enforces erosion and sediment control through two chapters working together. A. C. 2:90, so the city adopts the state's technical erosion standard as the design floor for any covered project. The Site Development Stormwater Plan required under § 141-39C must show erodible soils on the topographic base map and detail the structural facilities for stormwater management and sediment control proposed for the site, giving the municipality's review engineer a concrete document to check before signing off.
3A(2), the City withholds the certificate of occupancy itself until the developer has completed all requirements of the applicant's soil erosion and sediment control plan, when required, along with every other condition of site plan approval. Together the two chapters mean an erosion control plan is not optional paperwork: without it a project can be denied site plan approval, and even after approval it cannot get the certificate of occupancy it needs to be used.
Violations & Fines
A major development that disturbs land without meeting the erosion-control design standard in § 141-33A can be denied stormwater plan approval, and under § 141-41 faces a fine of up to $1,000 per day, up to 90 days' imprisonment, or both. Separately, a certificate of occupancy will not issue under § 175-4.3A(2) until the site's soil erosion and sediment control plan is complete.
Frequently Asked Questions
Does Hackensack require an erosion control plan for construction?
Can I get an occupancy permit in Hackensack without finishing erosion control work?
What erosion standard does Hackensack use for new development?
Sources & Official References
Other rules in Hackensack
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