Perth Amboy, NJ Environmental Rules: Erosion Control (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?
Is there a size threshold that avoids certification?
Is home gardening covered by the rule?
What is the penalty for ignoring the erosion standards?
Sources & Official References
Other rules in Perth Amboy
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Erosion Control in Nearby Cities
How other cities in this county handle erosion control.