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Lower Merion, PA Environmental Rules: Erosion Control (2026)

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

Key Facts

Bare-area cap
25% of site (sites over 4 acres)
Stabilization deadline
20 days after grading
Permit-exempt fill
10 cubic yards or less
Impervious exemption
1,500 sq ft or less added
Penalty
Up to $1,000 per offense
Enforcer
Township Engineer

Summary

Lower Merion Township caps bare, unvegetated ground during construction at 25% of the site and requires stabilization within 20 days under Township Code § 121-5. Any grading, excavation, fill or tree clearing needs a runoff and erosion control permit from the Township Engineer before work starts, enforced under Chapter 121, Stormwater Management and Erosion Control.

§ 121-5. Erosion control requirements. ... ... A. General requirements. ... (1) Minimum grading. The maximum bare area (without vegetative cover) shall not exceed 25% of the total area at any one time. This requirement shall apply only if the total area, before subdivision or land development, is greater than four acres. (2) The maximum time of exposure for bare areas shall be 20 days before stabilization measures must be implemented. ... ... B. Permit requirements. (1) No person shall commence or perform any grading, excavation, fill or clearing of trees without first having obtained a grading or runoff and erosion control permit from the Township Engineer.

Full Breakdown

Section 121-5A limits how much of a site can sit bare during construction: no more than 25% at any one time, though that cap only applies where the pre-development site exceeds four acres, and every bare area must be stabilized within 20 days. Section 121-5B requires a grading or runoff and erosion control permit from the Township Engineer before any grading, excavation, fill or tree clearing, with narrow exemptions for shallow excavations under three feet deep and 1,000 square feet, fills under 10 cubic yards, and any regulated activity creating 1,500 square feet or less of added impervious cover.

Applications must include six copies of plans meeting the Montgomery County Soil and Water Conservation District's standards and the Township's own Erosion and Sediment Control Design Standards, incorporated by reference and available for a $0.10-per-page copying fee. Property owners who believe the chapter creates an unnecessary hardship can request a waiver in writing, but the Township may only grant one after finding the hardship stems from unique physical site conditions, not financial hardship, and that the waiver is the minimum relief needed.

Violations & Fines

Chapter 121 violations are punishable under § 121-28 by a fine of up to $1,000 for each offense; once the Township Engineer or a summons has given notice of a violation, each additional day it continues counts as a separate offense, collected the way fines are ordinarily collected under Pennsylvania law. Working without the required grading or erosion control permit, exceeding the 25% bare-area cap, or missing the 20-day stabilization deadline all trigger this penalty structure.

Frequently Asked Questions

Do I need a permit to grade my Lower Merion property?
Yes. Section 121-5B(1) requires a runoff and erosion control permit from the Township Engineer for any grading, excavation, fill or tree clearing, unless it falls under a narrow exemption such as a fill under 10 cubic yards or a shallow excavation under three feet deep and 1,000 square feet.
How much bare ground can I leave exposed during construction?
Section 121-5A(1) caps the maximum bare, unvegetated area at 25% of the total site at any one time, but that specific cap only applies where the pre-development site exceeds four acres; all sites must still stabilize bare soil within 20 days under Subsection A(2).
What happens if I violate the erosion control rules?
Township Code § 121-28 sets a fine of up to $1,000 per offense, and each day a violation continues after notice from the Township Engineer becomes a separate offense, collected through a summary prosecution.
Is there a way to get relief from these requirements?
Section 121-5I lets the Township grant a written waiver, but only after finding the property has unique physical conditions creating unnecessary hardship not caused by the applicant, and financial hardship alone never qualifies.

Sources & Official References

Other rules in Lower Merion

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