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Millcreek, PA Environmental Rules: Erosion Control (2026)

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

Key Facts

Plan required
erosion/sedimentation plan for each development site
Governing standards
25 Pa. Code Chapter 102 and Erie County Conservation District guidelines
Where it is submitted
with the stormwater management plan (§ 116-19C)
BMP manual named in code
E&S Manual No. 363-2134-008 (April 15, 2000)
Swales
vegetatively stabilized or lined to prevent erosion (§ 116-23C)
Civil judgment
$600 per violation plus costs and attorney's fees

Summary

In Millcreek Township, Erie County, Pennsylvania, every development site needs an erosion and sedimentation plan prepared under 25 Pa. Code Chapter 102 and the standards of the Erie County Conservation District. The control measures are submitted with the stormwater management plan, and violations carry a $600 judgment each.

A. An erosion/sedimentation plan shall be prepared for each development site in accordance with the Pennsylvania Erosion/Sedimentation Regulations (25 Pa. Code, Chapter 102) and the standards and guidelines of the Erie County Conservation District. B. Provisions of Chapter 125, Subdivision and Land Development, and/or Chapter 145, Zoning, as pertain to the development, shall apply with respect to submission of and action upon grading plans. C. Proposed erosion and sedimentation control measures shall be submitted with the stormwater management plan.

Full Breakdown

Article IV of Chapter 116 of the Millcreek Township Code is short, and § 116-19 does the work. Subsection A requires an erosion/sedimentation plan for each development site, prepared under the Pennsylvania Erosion/Sedimentation Regulations at 25 Pa. Code Chapter 102 and the standards and guidelines of the Erie County Conservation District. Subsection B sends grading plan submission and action to Chapter 125, Subdivision and Land Development, and Chapter 145, Zoning, as they pertain to the development. Subsection C requires the proposed erosion and sedimentation control measures to be submitted together with the stormwater management plan, so one Township review covers both.

The duty continues into construction. Section 116-12B requires erosion and sediment control BMPs to be designed, implemented, operated and maintained during regulated earth disturbance activities, for example during construction, and to meet Title 25 of the Pennsylvania Code, including Chapter 102 and the Clean Streams Law. The code points to the Erosion and Sediment Pollution Control Program Manual, No. 363-2134-008 (April 15, 2000), as amended and updated, for BMP design standards. Section 116-12E asks every regulated activity to minimize soil disturbance and soil compaction and to avoid erosive flow conditions in natural flow pathways.

Several design sections add specific erosion rules. Under § 116-22, surface drainage inlets on infiltration systems must be fitted with sediment control devices, and an infiltration system cannot receive runoff until its entire drainage area has received final stabilization. Section 116-23C requires swales to be properly vegetatively stabilized or otherwise lined to prevent erosion. Section 116-24E requires the siltation facility to precede stormwater entry into a detention basin or outlet structure.

Exemptions are narrow. Section 116-27D exempts forest management and timber operations from the SWM site plan only when they follow 25 Pa. Code Chapter 102, and temporary roadways are not exempt. Agriculture is exempt when operated under a conservation plan or erosion and sedimentation control plan prepared by the County Conservation District (§ 116-27C).

Violations & Fines

Enforcement runs through Article XIII of Chapter 116. The Township Engineer or another designated official issues a written notice of violation with a correction deadline (§ 116-53). In a civil enforcement proceeding, § 116-55B sets a judgment of $600 for each violation plus court costs and the Township's attorney's fees, and under § 116-55C each day a violation continues is a separate violation. Under § 116-54B the Township refuses to issue any permit or grant approval to further improve or develop property developed in violation of the chapter.

Frequently Asked Questions

Do I need an erosion and sedimentation plan to build in Millcreek Township?
Yes. Section 116-19A requires an erosion/sedimentation plan for each development site, prepared under 25 Pa. Code Chapter 102 and the standards of the Erie County Conservation District. The control measures are submitted together with the stormwater management plan under § 116-19C.
Do erosion controls have to stay in place during construction?
Yes. Section 116-12B requires erosion and sediment control BMPs to be designed, implemented, operated and maintained during regulated earth disturbance activities such as construction. They must meet Title 25 of the Pennsylvania Code, including Chapter 102 and the Clean Streams Law, with design standards in the E&S Manual the code names.
Where do grading plans get reviewed?
Section 116-19B applies Chapter 125, Subdivision and Land Development, and Chapter 145, Zoning, to the submission of and action upon grading plans. For developments outside the stormwater chapter under § 116-3, § 116-17 requires a grading plan approved by the Township Engineer before any building or local street access permit issues.
Are farms and timber operations covered?
They are exempt from the SWM site plan under § 116-27 only on conditions. Agriculture must follow a conservation or erosion and sedimentation control plan from the County Conservation District, and forest management must follow 25 Pa. Code Chapter 102. Temporary roadways are not exempt, and buildings or parking lots on a farm must comply.
What is the penalty for an erosion violation in Millcreek Township?
A civil enforcement judgment under § 116-55B is $600 for each violation plus court costs and the Township's attorney's fees. Each day the violation continues is a separate violation under § 116-55C, and the Township can refuse further permits for the property under § 116-54B after a written notice of violation goes unanswered.

Sources & Official References

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