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Passaic, NJ Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit authority
Construction Code Official
Triggers permit
Earth moving, grading, filling, topsoil removal
Exemption
Work under an already-approved construction project
Application must include
Topographic conditions, utilities, street lines, retaining walls
Cross-referenced by
Stormwater ordinance § 258A-6L (Soil Movement Ordinance)
Penalty
Up to $2,000 fine or 90 days (Code § 1-3)

Summary

Before moving earth, grading, filling or stripping topsoil anywhere in Passaic, except within an already-approved construction project, the property owner or contractor must first obtain a permit from the Construction Code Official under Code § 317-55C. The application must include topographic conditions, utilities, street lines and retaining wall information for review by the Engineering and Building Departments.

C. Excavation and soil removal. Any earth moving, grading, filling, removal of topsoil, except in connection with approved construction projects, shall require a permit duly authorized by the Construction Code Official. The applicant for such permit shall submit pertinent information, including, but not limited to, topographic conditions, both existing and proposed, utilities, street lines, retaining walls and any other information required by the Engineering Department and Building Department.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).

Full Breakdown

Chapter 317, the City's Zoning Ordinance, folds erosion and sediment control into its 'Miscellaneous provisions' article rather than a stand-alone stormwater chapter. Section 317-55C requires a permit before any earth moving, grading, filling or removal of topsoil takes place anywhere in the City, with one carve-out: work performed in connection with an already-approved construction project does not need a separate soil-movement permit because that disturbance was already reviewed as part of the site plan. Anyone doing standalone grading, clearing a vacant lot, cutting a driveway, filling a yard, must apply to the Construction Code Official and submit topographic conditions (existing and proposed), the location of utilities, street lines and any retaining walls, plus whatever else the Engineering Department and Building Department ask for.

The City's separate stormwater management ordinance, § 258A-6L, cross-references this section by name as the 'City's Soil Movement Ordinance' and directs applicants to comply with it, or with the statewide New Jersey Soil Erosion and Sediment Control Standards, whichever applies, and to install diversions, sediment basins and similar measures before any on-site grading or disturbance begins. Because Chapter 317 (Zoning) carries its own violations article that funnels back to the citywide general penalty, an unpermitted grading or filling job is punishable the same way any other zoning violation is: through Municipal Court enforcement initiated after the administrative officer serves a notice of violation.

Violations & Fines

Grading, filling or removing topsoil without a § 317-55C permit is a zoning violation. Under Chapter 317's Article XIII, the administrative officer serves notice, and continued noncompliance triggers Municipal Court action; because Chapter 317 sets no bespoke fine, the citywide general penalty in Code § 1-3 applies: up to $2,000, up to 90 days' imprisonment, or up to 90 days of community service, with each day of continued violation punishable separately.

Frequently Asked Questions

Do I need a permit to grade or move soil on a Passaic lot?
Yes. Code § 317-55C requires a permit from the Construction Code Official before any earth moving, grading, filling or topsoil removal, unless the work is already part of an approved construction project's own site plan. Applicants submit existing and proposed topographic conditions, utility and street-line information and retaining wall details for review by the Engineering and Building Departments.
What happens if I skip the permit and grade anyway?
It's treated as a Chapter 317 zoning violation. The administrative officer issues a notice of violation, and if the condition isn't corrected the City can pursue Municipal Court action under the general penalty in Code § 1-3: a fine up to $2,000, up to 90 days in jail, or up to 90 days of community service.
Does Passaic have its own erosion-control standards, or does state law apply?
Both. Section 258A-6L directs applicants to comply with the New Jersey Soil Erosion and Sediment Control Standards and/or the City's own Soil Movement Ordinance at § 317-55C, whichever applies, and to install sediment basins, diversions and similar measures before grading starts.

Sources & Official References

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