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New Bedford, MA Environmental Rules: Erosion Control (2026)

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

Key Facts

DIS erosion methods named
Sediment basins, mulching, matting, temp vegetation, stockpile covering
DIS trigger
Phased development, at SPGA's discretion
Broader erosion standard
Site Plan Review, § 5471(i)
DIS prepared by
Registered engineer/landscape architect/surveyor team
Approval lapse period
3 years without substantial use

Summary

New Bedford requires phased developments that must file a Development Impact Statement to describe exactly how construction will control erosion and sedimentation, naming methods such as sediment basins, mulching, matting, temporary vegetation, and covered soil stockpiles, and requires all site-plan-reviewed projects to minimize erosion generally.

5355. Phasing. Where development of the site will be phased over more than one year, indicate the following: (a)Describe the methods to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation, or covering of soil stockpiles. Describe the approximate size and location of portion of the parcel to be cleared at any given time and length of time of exposure.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 19).

Full Breakdown

Under Section 5350, the special permit granting authority may, at its discretion, require a Development Impact Statement (DIS) prepared by an interdisciplinary team including a Registered Landscape Architect or Architect, a Registered Professional or Civil Engineer, and a Registered Surveyor. Section 5355, Phasing, applies where site development will be phased over more than one year and requires the applicant to describe the methods used during construction to control erosion and sedimentation, specifically citing sediment basins, mulching, matting, temporary vegetation, or covering of soil stockpiles, along with the size, location, and duration of exposure of any cleared portion of the parcel.

Beyond the DIS process, the broader Site Plan Review standard at Section 5471(i) separately directs the Site Plan Review Authority to minimize 'the extent of stormwater flow increase from the site, soil erosion, and the threat of air and water pollution' for any project meeting the Section 5420 thresholds, and Section 5470 ties new construction to the Department of Public Infrastructure's Stormwater Rules and Regulations. So most projects face erosion review through Site Plan Review even when no DIS is required.

Violations & Fines

No building permit issues without an approved site plan (Section 5450), and Section 5457 bars any deviation from an approved plan, including its erosion-control measures, without a Planning Board-approved modification. Site plan approvals, and the erosion-control commitments tied to them, lapse after three years without substantial use, forcing a new application under Section 5480.

Frequently Asked Questions

Does New Bedford require an erosion control plan for construction?
For large or phased projects, yes. Section 5355 of the Zoning Ordinance requires a Development Impact Statement to describe the methods used during construction to control erosion and sedimentation, such as sediment basins, mulching, matting, temporary vegetation, or covering soil stockpiles, whenever the special permit granting authority requires a DIS under Section 5350.
What if my New Bedford project doesn't need a Development Impact Statement?
It likely still needs Site Plan Review. Section 5471(i) directs the Site Plan Review Authority to minimize soil erosion and stormwater flow increases from any project that meets the Section 5420 size thresholds, even without a full Development Impact Statement.
Who has to prepare the erosion control section of a Development Impact Statement?
Section 5350 requires the DIS to be prepared by an interdisciplinary team that includes a Registered Landscape Architect or Architect, a Registered Professional or Civil Engineer, and a Registered Surveyor.

Sources & Official References

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