Delaware County, PA Environmental Rules: Erosion Control (2026)
Key Facts
- County-set numeric limit
- None; defers to municipality and state
- Governing state rule
- 25 Pa. Code Chapter 102 (PADEP)
- DEP permit trigger
- Developments of 25 acres or more
- Under 25 acres
- Consult County Conservation District
- Stream riparian buffer
- 50 feet from top of bank
Summary
Delaware County's subdivision ordinance does not set its own numeric erosion and sediment control standards; it sends every project to the municipality's stormwater ordinance and to Chapter 102 of the Pennsylvania Code. The county's older floodplain ordinance adds one hard trigger: developments of 25 acres or more need a state DEP soil and erosion permit before construction starts.
§ 195-814. Soil erosion and sedimentation control. All soil erosion and sedimentation control practices shall be in accordance with the applicable sections of the municipality's stormwater management ordinance and compliant with Chapter 102 of the Pennsylvania Code. ... § 62-7C. Prospective developers should consult the Delaware County Conservation District representative concerning erosion and sediment control and the effect of soil conditions on the proposed development if the development is under 25 acres. A soil and erosion control permit from the Pennsylvania Department of Environmental Protection is required for developments of 25 or more acres.
Full Breakdown
Section 195-814 of the Delaware County Subdivision and Land Development Ordinance of 2016 is a single-sentence deferral: all soil erosion and sedimentation control practices must follow the applicable sections of the municipality's own stormwater management ordinance and comply with Chapter 102 of the Pennsylvania Code, the state Department of Environmental Protection's erosion and sediment control regulation. Section 195-916 confirms that erosion and sediment control facilities in any minor subdivision or land development plan must be designed under that same § 195-814 standard, so the county never substitutes its own numeric limits on disturbed acreage, buffer width or sediment basin sizing; those figures live in the municipal ordinance and the state regulation, not in the county code.
The county's separate 1977 Floodplain Protection Ordinance, Chapter 62, adds a concrete threshold that predates the current SALDO: § 62-7C tells prospective developers in a designated floodplain district to consult the Delaware County Conservation District about erosion and sediment control and soil conditions for any project under 25 acres, and requires a soil and erosion control permit from the Pennsylvania Department of Environmental Protection for any project of 25 acres or more. Chapter 195's natural features protection standard, § 195-816A(8)(e), layers on a related site-specific control for stream corridors: any perennial or intermittent stream on a tract triggers a riparian buffer of at least 50 feet from the top of bank, reducible to 25% of the rear or side setback or a 10-foot minimum where the setback itself is under 50 feet.
Together these sections mean Delaware County channels erosion control review to whichever body actually holds the numeric standard: the municipality for ordinary sites, PADEP for anything at or above 25 acres.
Violations & Fines
Because the county code defers rather than sets its own limits, there is no county erosion-control citation to violate directly. A site that disturbs soil without an approved municipal erosion and sediment control plan, or a 25-acre-plus project that starts grading before PADEP issues its Chapter 102 permit, exposes the developer to enforcement by the municipality's code office or by PADEP itself, which can issue a compliance order, assess civil penalties, or halt construction under its own regulations rather than under the Delaware County code.
Frequently Asked Questions
Does Delaware County have its own erosion control standards?
Do I need a state permit for erosion control on my project?
Are stream buffers required for erosion control in new subdivisions?
Sources & Official References
Other rules in Delaware County
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