Orange County, NY Environmental Rules: Erosion Control (2026)
Key Facts
- Permit Threshold
- 500 cy typical
- Stream Work
- DEC Article 15
- Wetlands
- DEC Article 24, 100 ft buffer
- Construction >1 acre
- SPDES SWPPP required
- Drainage Rule
- Reasonable use (common law)
Summary
Grading permits required by town building departments for earthwork over 500 cubic yards typical. Drainage must not discharge onto neighbor property under NY common law (reasonable use rule). NYSDEC Article 15 permits required for work in protected streams.
Article 15, Title 5 Environmental Conservation Law (ECL) Implementing Regulations, 6NYCRR PART 608. The protection of New York's diverse water resources ensures that our rivers, streams, lakes, and ponds continue to provide essential ecological and commercial services. Preserving fish and wildlife habitat, safeguarding our drinking water, and allowing industrial and agricultural ventures to responsibly flourish are maintained through Article 15, Title 5 of the ECL. NYSDEC Protection of Waters (POW) regulatory program establishes and enforces regulations that: are compatible with the preservation, protection and enhancement of the present and potential values of the water resources; protect the public health and welfare; and are reasonably consistent with the state's social and economic development. Disturbance of The Bed or Banks of a Protected Stream or Other Watercourse - Required for disturbing the bed or banks of a stream with a classification of AA, A or B, or with a classification of C with a standard of (T) or (TS). "Banks" means that land area immediately adjacent to and which slopes toward the bed of a watercourse and which is necessary to maintain the integrity of the watercourse. A bank will not be considered to extend more than 50 feet horizontally from the mean high water line; with the following exception: Where a generally uniform slope of 45 degrees (100%) or greater adjoins the bed of a watercourse, the bank is extended to the crest of the slope or the first definable break in slope, either a natural or constructed (road, or railroad grade) feature lying generally parallel to the watercourse. Some examples of activities requiring this permit are: placement of structures in or across a stream (i.e., bridges, culverts or pipelines); fill placement for bank stabilization or to isolate a work area (i.e., rip-rap or coffer dams); excavations for gravel removal or as part of a construction activity; lowering stream banks to establish a stream crossing; utilization of equipment in a stream to remove debris or to assist in-stream construction.
Full Breakdown
Orange County grading and drainage is regulated at multiple levels. Town building departments require grading permits for earthwork typically exceeding 500 cubic yards, with engineered drainage plans for projects altering runoff patterns. NY follows the reasonable use rule for surface water, a landowner may alter drainage so long as changes are not unreasonable and do not cause undue harm to neighbors (Kossoff v. Rathgeb-Walsh, 3 N.Y.2d 583). Stream and wetland work requires NYSDEC permits under ECL Article 15 (Protection of Waters) and Article 24 (Freshwater Wetlands), 100 ft adjacent area regulated. Orange County contains portions of the NYC Watershed (West-of-Hudson), triggering NYC DEP stormwater pollution prevention plan (SWPPP) review. Construction sites over 1 acre require a SPDES general permit (GP-0-20-001) under 6 NYCRR Part 750. Erosion and sediment control per NYS Standards and Specifications (Blue Book) required during construction. Hudson Valley communities also coordinate with Hudson River Valley Greenway for major projects.
Violations & Fines
Grading without permit: stop-work order, fines $350-$1,000 per day. Discharging onto neighbor: civil nuisance action plus injunctive relief. DEC Article 15/24 violations: fines up to $10,000/day and criminal referral for willful violations.
Frequently Asked Questions
Do I need a permit to regrade my yard?
Can my neighbor redirect runoff onto my property?
Sources & Official References
Other rules in Orange County
New York rules heatmap·Compare Orange County to another location·View the New York environmental rules overview
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