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Huntington, NY Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing law
Huntington Code Ch. 170, Art. II
Disturbance threshold
43,560 sq ft (1 acre)
Plan required
SWPPP before any building permit
Sediment removal trigger
50% capacity loss in traps/ponds
Inspection frequency
Every 7 days on large sites
First-offense fine
$500 to $5,000

Summary

Huntington requires a Stormwater Pollution Prevention Plan before any building permit, site plan or subdivision is approved for land disturbance of one acre or more under Town Code § 170-24. The Stormwater Management Officer can halt work with a stop-work order, and violators face the same escalating criminal fines as Chapter 170's illicit-discharge rules.

§ 170-24. Applicability. A. This Article... shall be applicable to all land development activities affecting 43,560 square feet (one acre) or more; or activities disturbing less than one acre of land if part of a larger common plan of development or sale... § 170-28. Requirements. A. Stormwater Pollution Prevention Plan; Required. (1) No building permit shall be issued, and no site plan or subdivision shall be approved by any town department, agency or board for the development of land in any zoning district until the provisions of this Article have been met and a Stormwater Pollution Prevention Plan (SWPPP) has been submitted... § 170-47. Enforcement. B. Stop Work Orders. (1) ...the SMO or his designee may issue a stop work order for violations of this Article. Persons receiving a stop work order shall be required to halt all land development activities except those activities that address the violations leading to the stop work order.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4940543; v75 updated 2026-06-09; through 06-09-2026).

Full Breakdown

Article II of Chapter 170, added to implement minimum stormwater and erosion controls beyond Article I's illicit-discharge rules, applies under § 170-24(A) to all land development activities affecting 43,560 square feet (one acre) or more, and to smaller disturbances that are part of a larger common plan of development or sale even if phased across different schedules. Section 170-25 exempts routine maintenance disturbing less than five acres, personal gardening on one- or two-family lots, emergency work to protect life or property, fencing and utility pole installation, and any project that already had a building permit issued on or before January 1, 2008.

Section 170-28(A) bars issuance of a building permit or approval of a site plan or subdivision in any zoning district until a Stormwater Pollution Prevention Plan (SWPPP) is submitted and, for projects disturbing five or more acres, sealed by a Licensed Professional Engineer. The SWPPP must be posted on-site from the start of construction to final stabilization; failing to post or retain it is itself a violation. Section 170-34 requires sediment to be removed from traps or ponds once capacity is reduced by fifty percent, and for larger projects a qualified professional must inspect controls every seven days and within twenty-four hours of any storm producing half an inch of rain or more.

Before a Certificate of Occupancy issues, § 170-36 requires the owner to record Covenants and Restrictions binding future owners to maintain any stormwater management system, or the Town may instead accept dedication of the system.

Violations & Fines

Under § 170-47(B), the Stormwater Management Officer or a designee may issue a stop-work order halting all land development activity except remedial work; tampering with a posted stop-work order is a strict-liability violation and can trigger revocation of the building permit. Section 170-49(A) then applies Chapter 170's standard penalty ladder: a first offense runs $500 to $5,000, a second offense within five years runs $1,000 to $10,000, and a third or subsequent offense within five years is a misdemeanor carrying $1,500 to $15,000 or up to six months in jail, with each day of continued violation a separate offense and civil penalties up to $250 per day available to the Town Attorney on top of criminal fines.

Frequently Asked Questions

How much land disturbance triggers Huntington's erosion control permit?
One acre (43,560 square feet) under § 170-24(A), or any smaller disturbance that is part of a larger common plan of development or sale, even if built in separate phases on different schedules.
Do I need a permit for a small gardening or landscaping project?
No. Section 170-25 exempts personal flower and vegetable gardening on one- or two-family lots, routine maintenance under five acres, fencing and utility pole work, and emergency protective work from SWPPP review.
Can the Town stop construction for an erosion control violation?
Yes. Section 170-47(B) lets the Stormwater Management Officer issue a stop-work order that halts all land development activity except work to fix the violation, and tampering with the posted order is a separate strict-liability offense.
What are the penalties for violating Huntington's erosion control article?
Section 170-49(A) sets a first-offense fine of $500 to $5,000, escalating to $1,000-$10,000 for a second offense and a misdemeanor with up to six months in jail for a third offense within five years, plus civil penalties up to $250 per day.

Sources & Official References

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