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Perth Amboy, NJ Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing section
Perth Amboy City Code § 430-78
Standard adopted
Standards for Soil Erosion and Sediment Control in New Jersey
Certifying body named
Freehold Soil Conservation District
Small-site exemption
5,000 square feet or less of land disturbance
Penalty (§ 430-109)
Up to $1,000 fine, 30 days in jail, or both
Enforcing official
Municipal Engineer and Zoning Officer

Summary

In the City of Perth Amboy, New Jersey, every development must protect streams, lakes and ponds from sedimentation and control erosion under the state soil erosion standards. City Code § 430-78 requires a certified soil erosion and sediment control plan unless one of four listed exemptions applies, including land disturbance of 5,000 square feet or less.

A. All developments shall protect streams, lakes and ponds from sedimentation and shall control erosion in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey set forth in the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975, as amended and supplemented.[1] ... B. Certification of the soil erosion and sediment control plan shall be required from the Freehold Soil Conservation District unless: (1) Land disturbance is associated with the construction of a single-family dwelling unit, unless such unit is a part of a subdivision, site plan, zoning variance or building permit application involving two (2) or more such single-family dwelling units. (2) Land disturbance is five thousand (5,000) square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit. ... (4) Land disturbance associated with gardening primarily for home consumption.

Full Breakdown

Section 430-78 of the Perth Amboy City Code sits in Chapter 430, Zoning and Land Development, among the design standards that every subdivision and site plan must meet. Subsection A applies to all developments in the City of Perth Amboy. Each one must protect streams, lakes and ponds from sedimentation and control erosion in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey set forth in the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975, as amended and supplemented. The city adopts those standards by reference and prints no separate technical specification of its own.

Subsection B adds the certification step. The soil erosion and sediment control plan must be certified by the Freehold Soil Conservation District, the district the code names, unless an exemption applies. Four exemptions are printed. First, land disturbance for a single-family dwelling unit, unless that unit is part of a subdivision, site plan, zoning variance or building permit application involving two or more such single-family dwelling units. Second, disturbance of 5,000 square feet or less of surface area for construction that would require a building permit under the Standard Building Code of the State of New Jersey. Third, agricultural land disturbance carried out under a farm conservation plan approved by the district, or where the district has determined the use will not cause excessive erosion and sedimentation. Fourth, gardening primarily for home consumption.

The Municipal Engineer enforces the subdivision, site plan and construction standards under § 430-101, and the Zoning Officer administers the zoning provisions. Approved developments must comply with every design and performance standard and every condition in the approving resolution. When an inspection finds a violation, the administrative official gives written notice naming the violation and orders the correction, and a second inspection and approval must follow within 30 days under § 430-102.

Violations & Fines

Chapter 430 violations, including a breach of § 430-78, are a misdemeanor under § 430-109. On conviction the fine is not more than $1,000, or imprisonment of not more than 30 days, or both, plus all costs and expenses of the case. Each day the violation continues is a separate offense. The owner, tenant, architect, builder, contractor, agent or any other person who participates in or maintains the violation can each be found guilty separately.

Frequently Asked Questions

Does a single-family house in Perth Amboy need a certified erosion plan?
Land disturbance for one single-family dwelling unit is exempt from certification under § 430-78(B)(1). The exemption is lost when the unit is part of a subdivision, site plan, zoning variance or building permit application involving two or more such single-family dwelling units in the City of Perth Amboy.
Is there a size threshold that avoids certification?
Yes. Land disturbance of 5,000 square feet or less of surface area is exempt when the construction is of a kind that the Standard Building Code of the State of New Jersey would require a building permit for. Larger disturbance needs a plan certified by the Freehold Soil Conservation District.
Is home gardening covered by the rule?
Land disturbance associated with gardening primarily for home consumption is one of the four exemptions in § 430-78(B)(4). Agricultural disturbance is also exempt when it follows a farm conservation plan approved by the district or the district finds it will not cause excessive erosion and sedimentation.
What is the penalty for ignoring the erosion standards?
Section 430-109 makes a violation of Chapter 430 a misdemeanor. The fine is not more than $1,000, jail time is not more than 30 days, or both, plus costs. Each day the violation continues counts as a separate offense, and contractors and owners can be charged separately.

Sources & Official References

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