Westchester County, NY Environmental Rules: Erosion Control (2026)
Key Facts
- Governing section
- § 823.10, Laws of Westchester County
- Applies to
- SPDES construction/industrial permit holders
- Proof required by
- Commissioner of Public Works and Transportation
- Enforcement chapter
- § 823.14, same as § 823.05
Summary
Westchester County requires anyone holding an industrial or construction SPDES stormwater permit that discharges into its MS4 to fully comply with that permit and prove it to the Commissioner.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit where such discharge enters the County's MS4 shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Commissioner prior to the allowing of discharges to the County's MS4.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 47).
Full Breakdown
Laws of Westchester County § 823.10 covers construction sites and industrial operations that hold a state SPDES stormwater discharge permit and send that stormwater into the County's municipal separate storm sewer system. Anyone subject to such a permit must comply with all of its terms, and the Commissioner of Public Works and Transportation can demand proof of compliance, in a form the Commissioner finds acceptable, before allowing the discharge to continue into the County's MS4. The rule backstops the state's construction-site erosion and sediment control permit rather than creating a separate county numeric standard.
Violations & Fines
Noncompliance is enforced under § 823.14 like any MS4 violation: a notice of violation, civil penalties from $250 to $1,000, and criminal fines up to $1,000 or six months' jail for repeat offenses.
Frequently Asked Questions
Does the county issue its own erosion-control permit?
What must a builder show the county before discharging to the MS4?
Sources & Official References
Other rules in Westchester County
New York rules heatmap·Compare Westchester County to another location·View the New York environmental rules overview
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