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Hamburg Village, NY Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing sections
Village of Hamburg Code §§ 200-5 and 200-7
Trigger
Land disturbance of one acre or more
Disturbance cap
Not more than five acres at any one time
Sediment cleanout
When design capacity is reduced by 50%
Inspections
Every seven days and within 24 hours of 0.5 inch storm
Plan review time
30 days from SMO receipt of SWPPP
Inspection notice
At least 48 hours to the SMO

Summary

In the Village of Hamburg, land development activity of one acre or more needs a stormwater pollution prevention plan with erosion and sediment controls before review. No more than five acres can be disturbed at one time, sediment traps are cleaned at 50 percent capacity loss, and inspections run every seven days.

B. Contents of stormwater pollution prevention plans. (1) All SWPPPs shall provide the following background information and erosion and sediment controls: ... (d) Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation, and any other activity at the site that results in soil disturbance. Consistent with the Erosion Control Manual, not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP; ... § 200-7. Maintenance, inspection and repair of stormwater facilities. A. Maintenance and inspection during construction. (1) ... Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. (2) For land development activities as defined in § 200-3 of this chapter and meeting Condition A, B or C in § 200-5B(2), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more.

Full Breakdown

Chapter 200 of the Village of Hamburg Code applies to land development activity, defined as clearing, grading, excavating, soil disturbance or fill that disturbs one acre or more, or less than one acre that is part of a larger common plan disturbing one acre or more. Section 200-5A says no application for approval of a land development activity is reviewed until the Stormwater Management Officer and the Planning Commission have received a stormwater pollution prevention plan (SWPPP). The SMO is the Superintendent of Public Works or a designee, and has 30 days from receipt to approve, conditionally approve or disapprove, with written reasons (§ 200-4).

Every SWPPP must include erosion and sediment controls under § 200-5B(1): a site map at a scale no smaller than one inch to 100 feet, a construction phasing plan, temporary and permanent soil stabilization measures for each stage, dimensions and installation details for each practice, and a maintenance schedule. The phasing plan carries the key limit: not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP. Each contractor and subcontractor must sign a certification before starting work (§ 200-5D), and a copy of the SWPPP stays on site until final stabilization (§ 200-5E).

During construction, § 200-7A requires sediment removal when a trap or pond has lost 50% of its design capacity. Larger projects (Conditions A, B or C) need a qualified professional to inspect every seven days and within 24 hours of a storm producing 0.5 inch of precipitation or more, with reports kept in a site logbook. Section 200-6C bars any increase in turbidity that causes substantial visible contrast to natural conditions in surface waters. Under § 200-8A the applicant gives the SMO at least 48 hours notice before start of construction, installation of sediment and erosion measures, and the other listed stages. Exemptions in § 200-2B include agricultural activity, home gardening, and emergency activity.

Violations & Fines

A written notice of violation can be appealed within 15 days of service (§ 200-8C). Once violations are found, no further work proceeds except site stabilization until they are corrected. The Village can issue stop-work orders, withhold a certificate of occupancy, and require restoration, with costs becoming a lien. Penalties are up to $350 or six months for a first offense, $350 to $700 for a second within five years, and $700 to $1,000 for a third, with each week separate.

Frequently Asked Questions

When does a project in the Village of Hamburg need a SWPPP?
When it is land development activity under § 200-3: construction that disturbs one acre or more, or less than one acre that is part of a larger plan disturbing one acre or more. Section 200-5A bars review of any application until the SMO and Planning Commission receive a SWPPP. Exemptions are listed in § 200-2B.
How much land can a builder disturb at once in the Village of Hamburg?
Section 200-5B(1)(d) requires a construction phasing plan and states that, consistent with the Erosion Control Manual, not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP. The plan must also describe the intended sequence of clearing, grading, utility installation and other soil disturbance.
How often must erosion controls be inspected on a site?
For projects meeting Condition A, B or C, a qualified professional must inspect and document every erosion and sediment control practice every seven days and within 24 hours of any storm producing 0.5 inch of precipitation or more. Reports go in a site logbook under § 200-7A(2). Sediment must be removed from traps when capacity drops 50%.
What happens if the SMO finds an erosion violation?
The applicant and developer get written notice of the violation and the required corrective actions. No further work happens, except site stabilization, until corrections are made and the SMO approves prior work. Under § 200-8C the Village can also issue a stop-work order and withhold the certificate of occupancy.

Sources & Official References

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