Passaic, NJ Environmental Rules: Erosion Control (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.
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?
What happens if I skip the permit and grade anyway?
Does Passaic have its own erosion-control standards, or does state law apply?
Sources & Official References
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Erosion Control in Nearby Cities
How other cities in Passaic County handle erosion control.