Oyster Bay, NY Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger threshold
- 1+ acre of land disturbance
- High-disturbance inspections
- 2 per week if over 5 acres
- Inspection notice
- 48 hours before key milestones
- First-offense fine
- Up to $350
- Third-offense fine
- Up to $1,000
Summary
Any land development activity in the Town of Oyster Bay disturbing an acre or more needs a Stormwater Pollution Prevention Plan approved before construction starts. Chapter 204, adopted in 2018, requires erosion and sediment controls that meet New York's Erosion Control Manual, sets inspection triggers on sites over five disturbed acres, and backs it with stop-work orders and fines up to $1,000.
No application for approval of a land development activity that requires a SWPPP shall be granted until the appropriate board has received and approved a SWPPP prepared in accordance with the specifications within this chapter. ... An owner or operator shall not commence construction activity until their authorization to discharge under this permit is in effect.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).
Full Breakdown
L. No. 6-2018, applies to all land development activities as defined in § 204-6, generally construction disturbing an acre or more. Section 204-7 bars the appropriate board from approving any land development activity requiring a Stormwater Pollution Prevention Plan (SWPPP) until that plan is prepared and approved under the chapter's specifications, and an owner or operator subject to the state MS4 permit cannot start construction until their SPDES discharge authorization is in effect. Where more than five acres will be disturbed at once, § 204-7 requires a qualified inspector to run erosion and sediment control checks at least twice every seven days, with the two inspections at least two full days apart, and stabilization measures must begin by the next business day once disturbance stops.
Section 204-8 sets the design standard: practices built to the New York State Stormwater Management Design Manual and the November 2016 Erosion Control Manual are presumed compliant, and no activity may cause turbidity that visibly contrasts with natural water conditions. Section 204-11 lets the Stormwater Management Officer require 48 hours' notice before key construction milestones, from clearing through final landscaping, and halt further work if inspections turn up violations, aside from stabilization work. Enforcement under § 204-13 runs from a written notice of violation, through stop-work orders, to fines: up to $350 for a first offense, $700 for a second within five years, and $1,000 for a third, with each week of continued violation counted separately, plus the Officer's power to withhold a certificate of occupancy or order the land restored at the violator's cost.
Violations & Fines
A first § 204-13 violation is punishable by a fine up to $350 or up to six months' imprisonment, a second offense within five years up to $700, and a third or later offense up to $1,000, treated as a misdemeanor for court jurisdiction purposes. Each week of continued noncompliance is a separate violation, and the Town can withhold a certificate of occupancy until the site complies.
Frequently Asked Questions
When does a construction project in Oyster Bay need a stormwater plan?
How often are erosion controls inspected on a large Oyster Bay job site?
What can the Town do if my site violates the stormwater chapter?
Sources & Official References
Other rules in Oyster Bay
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