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

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

Key Facts

Plan trigger
Earth disturbance over 5,000 square feet, agriculture excepted
Plan reviewer
Dauphin County Conservation District
State rules adopted
25 Pa. Code, Chapters 92 and 102
Proof to Township
PADEP or Conservation District plan or permit approval
On-site requirement
Approved plan and permits available at the project site
Maximum fine
$1,000 per violation, each day separate (§ 170-1005)

Summary

In Lower Paxton Township, Dauphin County, any earth disturbance over 5,000 square feet (agriculture excepted) needs an erosion and sedimentation control plan approved by the County Conservation District. Evidence of PADEP or Conservation District approval goes to the Township, and the approved plan stays at the site.

A. The applicant shall meet requirements as contained in 25 Pa. Code, Chapters 92 and 102 as required and applicable as follows: (1) The implementation and maintenance of erosion and sediment control BMPs. (2) Development of written plans. (3) Submission of plans for approval. (4) Obtaining erosion and sediment control and NPDES permits. (5) Maintaining plans and permits on site. B. Except for agricultural activities, any earth disturbance over 5,000 square feet of land area shall require the submission of an adequate erosion and sedimentation control plan to the County Conservation District for review and approval. C. Evidence of any necessary plan or permit approval for Earth Disturbance activities from PADEP or the Dauphin County Conservation District must be provided to the Township. D. A copy of the approved Erosion and Sediment Control Plan and any other permit, as required by PADEP or the Dauphin County Conservation District, shall be available at the project site at all times if required under Chapter 102.

Full Breakdown

Section 170-501 of the Lower Paxton Township Code sits in Chapter 170, Stormwater Management, Drainage and Erosion Control, Article V. It governs earth disturbance activities in Lower Paxton Township, Pennsylvania. Subsection A makes the applicant responsible for meeting the requirements of 25 Pa. Code, Chapters 92 and 102 as required and applicable. The township lists five duties under that heading: implementing and maintaining erosion and sediment control BMPs, developing written plans, submitting plans for approval, obtaining erosion and sediment control and NPDES permits, and maintaining plans and permits on site.

Subsection B sets the local trigger. Except for agricultural activities, any earth disturbance over 5,000 square feet of land area requires an adequate erosion and sedimentation control plan submitted to the County Conservation District for review and approval. In Lower Paxton Township that means the Dauphin County Conservation District, which subsection C names alongside PADEP. Subsection C requires evidence of any necessary plan or permit approval for earth disturbance activities from PADEP or the Dauphin County Conservation District to be provided to the Township, so the Township holds proof that the state-level review happened. Subsection D requires a copy of the approved Erosion and Sediment Control Plan, and any other permit required by PADEP or the Conservation District, to be available at the project site at all times if Chapter 102 requires it.

The article reaches beyond ordinary building pads. Under subsection E, temporary roadways built for utility construction or timber harvesting must meet 25 Pa. Code Chapters 102 and 105, and their plan goes to the Dauphin County Conservation District. That plan has to address the haul road and staging layout, runoff control structures such as diversions, culverts and detention ponds, stream crossings, a rock construction entrance for mud and debris control, and a remediation plan with re-grading, topsoil placement and reseeding. Subsection F adds protection for infiltration BMPs: the areas must be shielded from sedimentation and compaction during construction, kept from receiving sediment-laden runoff, and the protection must be identified, for example orange construction fence around the BMP perimeter. Downstream channel velocities under § 170-502C are measured against the DEP Erosion and Sediment Pollution Control Program Manual.

Violations & Fines

Section 170-1005 sets the penalty for Chapter 170. Any person violating or permitting a violation faces a fine of not more than $1,000 for each violation, recoverable with costs, set through a citation to a Magisterial District Judge under the summary offense procedures of the Pennsylvania Rules of Criminal Procedure. A separate offense arises for each day or portion thereof, and for each section violated. The Township, through its Solicitor, can also seek injunctions, mandamus or other relief, including attorneys' fees and engineering fees.

Frequently Asked Questions

When do I need an erosion and sedimentation control plan in Lower Paxton Township?
Under § 170-501B, any earth disturbance over 5,000 square feet of land area needs an adequate erosion and sedimentation control plan submitted to the County Conservation District for review and approval. Agricultural activities are excepted. The plan must also meet the 25 Pa. Code Chapter 102 requirements that subsection A incorporates, including the NPDES permit where applicable.
Who approves the plan, the Township or the Conservation District?
The Dauphin County Conservation District reviews and approves the plan under § 170-501B and E. The Township does not replace that review. Section 170-501C requires the applicant to give the Township evidence of any necessary plan or permit approval from PADEP or the Conservation District, so the Township can confirm approval is in hand.
Do temporary construction roads need erosion controls?
Yes. Section 170-501E applies the erosion and sedimentation standards and the stream crossing rules of 25 Pa. Code Chapters 102 and 105 to temporary roadways, such as those for utility construction or timber harvesting. The plan goes to the Dauphin County Conservation District and must cover haul roads, runoff controls, stream crossings, a rock construction entrance and a remediation plan.
What protection do infiltration areas need during construction?
Section 170-501F requires areas proposed for infiltration BMPs to be protected from sedimentation and compaction during construction, so they keep their maximum infiltration capacity. The BMPs must not receive sediment-laden runoff, and the plan must identify the protection, for example orange construction fence around the perimeter of the BMP.

Sources & Official References

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