Newark, OH Environmental Rules: Erosion Control (2026)
Key Facts
- SWPPP trigger
- Land disturbance of one or more acres, or part of a larger plan
- Inspection frequency
- At least every seven calendar days and within 24 hours of a storm
- Storm threshold
- Greater than one-half inch of rain in 24 hours
- Stabilization near waters
- Within two days at final grade, within 50 feet of State waters
- Enforcing official
- Director of Public Service (Service Director)
- Appeal window
- Ten working days from the Notice of Violation
Summary
In the City of Newark, Ohio, Section 1054.16(p) requires anyone performing construction to use Best Management Practices that keep sediment off the site and out of the storm drain system. Builders must design, install and maintain erosion controls, stabilize bare soil on deadlines, and inspect controls every seven calendar days.
(p) Construction Sites. Any person performing construction shall not cause or contribute to a violation of the OEPA storm water permit issued to the City. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge. Any person performing construction shall undertake Best Management Practices to minimize pollutants (including sediments) from leaving the construction site, shall provide protection from accidental discharge of pollutants to the public storm drain system, and shall comply with the cleanup and notification requirements of this section. ... A. Erosion and sediment controls. Applicant shall design, install and maintain effective erosion and sediment controls to minimize the discharge of pollutants. At a minimum the controls in Table 16-1 shall be designed, installed and maintained to: ... (6) Inspection. A. All controls on the site shall be inspected at least once every seven calendar days and within twenty-four hours after any storm event greater than one-half inch of rain per twenty-four hour period.
Full Breakdown
Section 1054.16(p) of the Newark Code of Ordinances, the construction-site part of the Stormwater Management Code, makes the person performing construction liable for any discharge they cause and bars them from contributing to a violation of the OEPA storm water permit issued to the City. Subsection (p)(2)A requires applicants to design, install and maintain effective erosion and sediment controls, with Table 16-1 setting the minimum controls, which include minimizing the soil exposed during construction, minimizing steep slope disturbances and, as feasible, maintaining a 50' undisturbed natural buffer around waters of the state.
Subsection (p)(2)B sets stabilization clocks in Tables 16-2 and 16-3. Areas that will lie dormant for one year or more need permanent stabilization within seven days of the most recent disturbance. Areas within 50 feet of a surface water of the State need permanent stabilization within two days of reaching final grade, and other areas at final grade within seven days. Disturbed areas within 50 feet of a surface water that are not at final grade need temporary stabilization within two days if idle for more than 14 days. Other areas dormant more than 14 days but less than one year need it within seven days, and areas idle over winter need it before the onset of winter weather.
A Storm Water Pollution Prevention Plan (SWPPP) is required under (p)(4) for land disturbance of one or more acres, including smaller sites that are part of a larger common plan of development. It must be certified by a professional engineer, registered surveyor, certified professional erosion and sediment control specialist or registered landscape architect, and follow ODNR's Rainwater and Land Development manual. Under (p)(6), all controls are inspected at least once every seven calendar days and within twenty-four hours after a storm event greater than one-half inch of rain.
The Ohio EPA Notice of Intent number goes to the City's Stormwater Department before work starts. For subdivisions, Section 1226.08 requires an erosion control plan under the City of Newark Stormwater Management Design Manual, and Section 1296.10 makes the owner correct and mitigate any wind or water erosion onto adjoining properties.
Violations & Fines
The Service Director enforces by written Notice of Violation under Section 1054.16(x), which can require cessation, remediation, best management practices or payment of a fine covering administrative and remediation costs. A recipient has ten working days to appeal. If the violation is not corrected, Stormwater Utility representatives enter the property and abate it, the owner is notified of the cost within forty-five days, and unpaid costs are certified to the County Auditor.
Frequently Asked Questions
Do I need a stormwater pollution prevention plan to build in Newark, Ohio?
How often must construction erosion controls be inspected in Newark?
How fast must bare soil be stabilized near a stream in Newark?
Who is responsible when sediment runs onto a neighbor's property in Newark?
Sources & Official References
Other rules in Newark
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