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Oyster Bay, NY Environmental Rules: Erosion Control (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Section 204-7 requires an approved Stormwater Pollution Prevention Plan before any land development activity covered by Chapter 204 gets approval, and construction covered by the state MS4 permit cannot begin until SPDES discharge authorization is in effect.
How often are erosion controls inspected on a large Oyster Bay job site?
If more than five acres are disturbed at once, § 204-7 requires a qualified inspector to check sediment and erosion controls at least twice every seven days, with the two visits separated by at least two full calendar days.
What can the Town do if my site violates the stormwater chapter?
Under § 204-13, the Town can issue a stop-work order, fine you up to $1,000 for repeat offenses, withhold your certificate of occupancy, and require you to restore the land at your expense.

Sources & Official References

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