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Jackson, NJ Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit required
Land disturbance permit needed before any soil disturbance (§ 363-2A)
Small-lot exemption
Up to 5,000 sq ft for a 1- or 2-family home (§ 363-2B(1))
Reviewing authority
Ocean County Soil Conservation District ('the district')
Decision timeline
District decides within 30 days of complete application
Penalty range
$25 to $3,000 per violation (§ 363-11B)

Summary

Jackson Township requires a land disturbance permit before disturbing any soil under § 363-2 of Chapter 363, Soil Erosion and Sediment Control. Applicants must submit a plan to the Ocean County Soil Conservation District and receive its approval; disturbances of 5,000 square feet or less tied to a single one- or two-family home are exempt under § 363-2B(1).

§ 363-1. Purpose. The purpose of this chapter is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage, and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community. ... § 363-2. Applicability; exemptions. A. The provisions of this chapter shall apply to any land disturbance activity of any type, except those specifically exempted hereafter. No land area shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within this municipality unless the applicant has submitted to the district a plan to provide for soil erosion and sediment control for such land area in accordance with the requirements contained herein, and such plan has been approved by the district, and a valid land disturbance permit has been issued.

Full Breakdown

Chapter 363 of the Jackson Township Code, adopted November 23, 1976 by Ord. No. 48-76, exists to control soil erosion and sediment damage and to protect exposed soil surfaces for the safety, health and welfare of the community under § 363-1. Section 363-2A bars disturbing any land within the Township unless the applicant has first submitted a soil erosion and sediment control plan to 'the district,' defined in § 363-3 as the Soil Conservation District, Ocean County, obtained its approval, and been issued a valid land disturbance permit.

Three activities are exempt under § 363-2B: land disturbance of 5,000 square feet or less tied to an existing or proposed one- or two-family dwelling that is not part of a subdivider's or builder's comprehensive development, home gardening for personal consumption, and agricultural use consistent with an approved farm conservation plan. Every application must include a fee set by the district's schedule under § 363-4, and § 363-6A(1) routes each application to the Planning Board, Environmental Commission and Township Engineer for a 30-day written reply; the district must then issue or deny the permit within 30 days of a complete application, extendable by mutual written agreement, under § 363-6A(2).

Once approved, a plan cannot be deviated from without district approval under § 363-6B and C, and all subsequent owners must maintain the erosion-control measures in good order under § 363-6E. Violators face civil injunctive action in Superior Court under § 363-11A and a penalty of not less than $25 nor more than $3,000 under § 363-11B, collected under the state Penalty Enforcement Law, with each day of a continuing violation a separate offense under § 363-11C.

Violations & Fines

Disturbing land without an approved plan and permit exposes a violator to two tracks under § 363-11: the Township or Ocean County Soil Conservation District may sue in Superior Court for an injunction under Subsection A, and courts may separately impose a penalty of not less than $25 nor more than $3,000 under Subsection B, with each day a continuing violation persists counted as its own offense under Subsection C.

Frequently Asked Questions

Do I need a permit to grade my Jackson Township yard?
Only if the disturbance exceeds the exemptions in § 363-2B. Otherwise, § 363-2A requires an approved soil erosion and sediment control plan and a valid land disturbance permit from the Ocean County Soil Conservation District before any land area is disturbed.
Is building a new house on my Jackson Township lot exempt?
It can be. Section 363-2B(1) exempts land disturbance of 5,000 square feet or less associated with an existing or proposed one- or two-family dwelling, provided a new dwelling is not part of a subdivider's or builder's comprehensive development.
What happens if I disturb land without a permit?
Section 363-11 exposes you to a Superior Court injunction sought by the Township or the Soil Conservation District, plus a penalty of $25 to $3,000, with each day the violation continues counted as a separate offense.

Sources & Official References

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