North Hempstead, NY Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger threshold
- 1+ acre disturbed, § 46A-6
- Phasing cap
- 5 acres disturbed at once, § 46A-7B(1)(d)
- Inspection frequency
- Every 7 days, plus after 0.5" storms
- First-offense fine
- up to $350
- Appeal window
- 15 days from notice of violation
Summary
Chapter 46A requires an approved stormwater pollution prevention plan before a construction project disturbing significant land can proceed in North Hempstead. Under § 46A-7B(1)(d), no more than five acres may be disturbed at one time without an approved plan, and the Stormwater Management Officer can issue stop-work orders and fines against violators.
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).
Full Breakdown
Chapter 46A applies to any Land Development Activity, defined in § 46A-6 as construction disturbing one acre or more, or any smaller disturbance that is part of a larger common plan of development. Section 46A-5 exempts agriculture, home gardening, landscaping around an existing structure, cemetery graves, fence and pole installation, and routine maintenance disturbing less than five acres. Everything else must go through a stormwater pollution prevention plan (SWPPP) reviewed by the Stormwater Management Officer or the applicable municipal board under § 46A-4. Section 46A-7B(1) spells out what the plan must contain: a site map, soil description, pollution-prevention measures for construction chemicals and debris, and a construction phasing plan; subsection (1)(d) caps disturbance consistent with the New York Erosion Control Manual at no more than five acres disturbed at any one time unless an approved SWPPP allows more.
Once work starts, § 46A-9A(2) requires the applicant, developer or a representative to be on site whenever construction or grading occurs, inspecting erosion and sediment controls, filing reports every seven days and within 24 hours of any storm producing half an inch of rain or more, delivered to the Stormwater Management Officer and logged on site. Sediment traps or ponds must be cleaned out once their capacity drops by half under § 46A-9A(1).
Violations & Fines
Under § 46A-12, the Town can issue a written notice of violation and a stop-work order halting all land development activity except remediation. Penalties run $350 or up to six months' imprisonment for a first offense, $350 to $700 for a second offense within five years, and $700 to $1,000 or up to six months' imprisonment for a third or later offense within five years, with each week of continued violation a separate offense. The Stormwater Management Officer may also withhold a certificate of occupancy, and a violator can be ordered to restore the land, with unpaid restoration costs becoming a lien on the property. A notice of violation can be appealed to the municipality within 15 days of service.
Frequently Asked Questions
Does building a new house in North Hempstead require an erosion control plan?
How much land can a contractor disturb at one time in North Hempstead?
What happens if an inspector finds an erosion control violation on a job site?
Sources & Official References
Other rules in North Hempstead
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