Newark, NJ Environmental Rules: Erosion Control (2026)

Newark regulates land disturbance through Title XXVIII. Section 28:3-1 requires anyone disturbing 5,000 square feet or more of land, including single-family construction that is part of a larger subdivision, site plan or multi-unit project, to first submit a soil erosion and sediment control plan to the Director of the Department of Engineering, prepared to the Standards for Soil Erosion and Sediment Control in New Jersey set by the State Soil Conservation Committee, and obtain a valid permit. Chapter 28:4 governs how that plan moves forward: § 28:4-1 gives the Director 30 days to approve or deny a complete application, extendable once by mutual written agreement, with failure to act within that window counted as approval.

Once the plan is approved and required fees are paid, § 28:4-2 directs the Director to issue the permit, and it expressly bars the City from issuing any Newark Uniform Construction Code permit for the same project until the soil erosion permit is in hand. Applicants must notify the Director's office in writing 72 hours before starting work under § 28:4-3, and installed control measures must be maintained by the property owner for two years after project completion under § 28:4-5. Fees run on a sliding scale tied to disturbance size: a residential single-family project disturbing 5,000 to 10,000 square feet pays a $350 application fee plus a $300 inspection fee under § 28:5-1, rising to $750 and $700 for disturbances over six acres.

Two categories of work are exempt outright under § 28:6-2: a stand-alone single-family home not part of a larger subdivision or multi-unit application, and gardening for home consumption. Violating an approved plan or any Title XXVIII standard exposes the responsible party to a civil injunction action in Superior Court plus a penalty of $500 to $3,000 per § 28:6-1.