Nashua, NH Environmental Rules: Erosion Control (2026)
Key Facts
- Permit authority
- Administrative Officer + City Engineer
- Covers
- Loam, clay, sod, sand, gravel removal
- Exempt
- Building, pool, street, driveway excavation
- Drainage standard
- 10-yr peak discharge can't rise
- Governing law
- NRO Art. XXVI and Art. XXXI
Summary
Nashua requires an administrative permit before loam, clay, sod, sand or gravel can be excavated and hauled off a site, and subdivision or site plans must separately meet the city's stormwater management standards.
Loam, clay, sod, sand and gravel may not be taken from land except after application and issuance of a permit from the Administrative Officer after consultation with the City Engineer. The application shall be processed as an administrative permit pursuant to Article XIV.
B. Any area being excavated for buildings, farm ponds, man-made lakes, land contouring, swimming pools, streets and driveways does not require a permit for the removal of loam.
C. Activities referenced in Subsection A and authorized by another permit required by the City or state, including but not limited to site specific approval for significant alteration of terrain under RSA 485-A:17 and New Hampshire Code of Administrative Rules part Env-Ws 415.
D. Any person violating any provision of this article shall, for each violation, upon conviction thereof, be subject to punishment as provided in § 1-11.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4805762; v29 updated 2026-02-10; through 02-10-2026).
Full Breakdown
City Code § 190-176 bars taking loam, clay, sod, sand or gravel from land without an administrative permit issued by the Administrative Officer after consulting the City Engineer, processed under Article XIV. Excavation tied to building foundations, farm ponds, man-made lakes, land contouring, swimming pools, streets and driveways is exempt from the permit. Separately, Article XXXI requires subdivision and site plans to meet the stormwater standards at § 190-215: post-development peak discharge can't exceed predevelopment rates for the two-, ten- and fifty-year, twenty-four-hour storms, and systems must be designed to remove 80% of average annual TSS, floatables, greases and oils. The Planning Board can waive a stormwater plan for a small or low-impact site.
Violations & Fines
Violating the soil-removal permit requirement is punishable, per § 190-176(D), as provided in § 1-11 of the Code; site work that skips required stormwater review can also be held up at Planning Board approval.
Frequently Asked Questions
Do I need a permit to remove soil for grading in Nashua?
What drainage standards apply to new development in Nashua?
Sources & Official References
Other rules in Nashua
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