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Leominster, MA Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing sections
Sec. 21-74 to Sec. 21-83, adopted 7-14-14
Trigger threshold
5,000 sq ft or greater disturbance
Enforcement order options
Cease-and-desist, added controls, remediation
Stockpile rule
Erosion controls required over 10 cubic yards
Maximum fine
$300 per day of violation

Summary

Leominster's Stormwater and Erosion Control Ordinance requires builders to control soil erosion and sedimentation on land-disturbing projects, and empowers the Conservation Commission to order additional erosion controls, halt work, and require remediation. Violators face fines up to three hundred dollars per day under Leominster Code of Ordinances Section 21-81.

(a)The stormwater authority, or an authorized agent of the stormwater authority, shall enforce this ordinance, and any regulations, permit orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for violations. ... (c)The stormwater authority, or an authorized agent of the stormwater authority, may issue a written order to enforce the provisions or this ordinance or the regulations, which may include requirements to:(1)Cease and desist from land-disturbing activity until there is compliance with the ordinance or provisions of an approved SMP;(2)Maintain, install or perform additional erosion and sediment control measures; ... (4)Remediate erosion and sedimentation resulting directly or indirectly from land-disturbing activity; ... (d)Criminal Penalties. Any person who violates any provisions of this ordinance, regulation, order or permit issued hereunder, shall be punished by a fine of not more than three hundred dollars. Each day a violation exists shall constitute a new and separate violation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 24).

Full Breakdown

Article VI, adopted July 14, 2014 and codified at Sec. 21-74 through Sec. 21-83, states its purpose is to control the adverse effects of soil erosion and sedimentation, construction site runoff and increased post-development runoff from new development and redevelopment. Enforcement runs through Sec. 21-81. The stormwater authority (the Conservation Commission, or the Department of Public Works acting as its delegated agent under Sec. 21-79(a)) may pursue civil and criminal remedies for any violation and may issue a written order requiring a project to cease and desist from land-disturbing activity until it complies with an approved Stormwater Management Permit, to install additional erosion and sediment control measures, to perform monitoring and reporting, and to remediate erosion and sedimentation that results from the disturbance.

A related definition in Sec. 21-76 requires that any stockpiled earth material over ten cubic yards be secured with erosion controls to prevent it washing off-site. The applicability thresholds in Sec. 21-77, land disturbance of 5,000 square feet or more, are what typically pull a construction project into these erosion-control obligations in the first place, alongside any one-acre-or-larger subdivision or development.

Violations & Fines

A criminal violation carries a fine of not more than three hundred dollars, with each day of noncompliance a separate offense. As an alternative, the city may use noncriminal disposition under M.G.L. c. 40, Section 21D: a warning for a first violation, one hundred dollars for a second, two hundred for a third, and three hundred for the fourth and any later violation, again counted daily.

Frequently Asked Questions

What triggers erosion control requirements on a Leominster building site?
Any land-disturbing activity of 5,000 square feet or more, any one-acre-or-larger disturbance, or any project requiring a definitive subdivision plan falls under Article VI's erosion and sediment control requirements per Sec. 21-77, unless it fits an exemption such as routine lawn maintenance in Sec. 21-78.
Who can order a contractor to stop work for erosion problems?
The Conservation Commission, acting as stormwater authority, or its delegated agent at the Department of Public Works can issue a written order under Sec. 21-81(c) requiring a cease-and-desist, additional erosion and sediment control measures, or remediation of erosion already caused by the site work.
Does stockpiled dirt on a Leominster job site need to be covered?
If the pile exceeds ten cubic yards, Sec. 21-76's definition of stockpiling requires it to be secured with erosion controls to prevent material from washing away; smaller, secured piles are excluded from that requirement.
What is the penalty for an uncontrolled erosion problem in Leominster?
Criminal prosecution can bring a fine of up to three hundred dollars per day of violation under Sec. 21-81(d), or the city can instead use noncriminal disposition, which escalates from a warning to one hundred, two hundred and finally three hundred dollars for repeat violations.

Sources & Official References

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