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Pottstown, PA Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing law
Chapter 9, Part 1, Soil Erosion and Grading Controls
Permit trigger
Ground disturbance over 499 square feet
Issuing office
Pottstown Borough Code Enforcement Office
Reviewing agency
Montgomery County Conservation District
Maximum fine
$1,000 plus up to 30 days jail
Restoration duty
Must restore site under § 9-118

Summary

Pottstown requires a grading permit before any construction, land disturbance or drainage change on more than 499 square feet, under Chapter 9, Part 1's Soil Erosion, Sedimentation and Grading Controls. The Code Enforcement Office issues the permit, coordinates with the Montgomery County Conservation District, and can fine violators up to $1,000 a day plus 30 days in jail.

The purpose of this Part is to regulate the modification of the natural terrain and the alteration of drainage to provide for certain erosion and sediment control measures within the Borough of Pottstown to assure and safeguard the health, safety, ecology and general welfare in Pottstown Borough. ... Except for those activities exempted by § 107 below, the following activities require a grading permit, which shall be a prerequisite to an issuance of a building permit when applicable. ... Modifying, disturbing, blocking, diverting or otherwise adversely affecting the natural overland or subsurface flow of stormwater. ... Disturbing the landscape, vegetation or any ground cover by any proposal involving an area in excess of 499 square feet. ... Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs of prosecution and, in default of payment thereof, to undergo imprisonment for a term not exceeding 30 days. Each day that a violation of this Part continues shall constitute a separate offense.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 5012545; v22 updated 2026-07-13; through 07-13-2026).

Full Breakdown

Chapter 9, Part 1 exists 'to regulate the modification of the natural terrain and the alteration of drainage to provide for certain erosion and sediment control measures within the Borough,' and it applies to every subdivision, land development, new structure or use change reviewed under the Zoning Ordinance (Chapter 27) or the Subdivision and Land Development Ordinance (Chapter 22), subject to Montgomery County Conservation District review under § 9-104. Section 9-106 lists what triggers a grading permit: modifying or diverting the natural flow of stormwater, building a drainage dam, ditch, culvert or drainpipe, paving, filling or regrading land (including private streets and alleys), or disturbing landscape or ground cover on more than 499 square feet.

Farming, gardening, lawn work and resurfacing that doesn't change drainage are exempt under § 9-107. Applicants file with the Pottstown Borough Code Enforcement Office under § 9-108, pay a fee set in the Borough's fee schedule, and submit a plan under §§ 9-105 and 9-109 showing the amount of site alteration, existing and proposed grades, the construction schedule and both temporary and permanent erosion and sediment control practices. Section 9-114 puts the Code Enforcement Office in charge of random inspections plus a final inspection that has to be satisfied before a use-and-occupancy permit issues.

Section 9-118 requires anyone who disturbs landscape or ground cover in violation of the Part to restore the site, including replacing excavated earth, removing illegal fill and rebuilding grades and plantings, on top of any fine.

Violations & Fines

Anyone who violates Chapter 9, Part 1 faces, on conviction, a fine of up to $1,000 plus costs of prosecution and, if the fine goes unpaid, up to 30 days in jail. Each day the violation continues is a separate offense, so penalties stack daily, and the violator must still restore any disturbed landscape or ground cover under § 9-118.

Frequently Asked Questions

Do I need a permit to regrade my Pottstown yard?
Yes, if the disturbed area is more than 499 square feet or the work changes how stormwater drains off your property. Section 9-106 requires a grading permit from the Pottstown Borough Code Enforcement Office before you start, and it's also a prerequisite for any building permit on the same site.
What's exempt from Pottstown's grading permit requirement?
Section 9-107 exempts resurfacing an existing driveway, farming, gardening, and lawn installation or restoration, plus work inside a public street or alley right-of-way or a park dedicated to the Borough, county or commonwealth, as long as none of it changes stormwater drainage.
What has to be in a Pottstown grading permit application?
Section 9-105 requires a plan showing the amount of site alteration, the existing and proposed grades, the development schedule, and both temporary and permanent erosion and sediment control practices, plus how they'll be operated and maintained, submitted to the Code Enforcement Office with the required fee.
What happens if I grade land in Pottstown without a permit?
You can be fined up to $1,000 plus costs of prosecution under § 9-117, and up to 30 days in jail if the fine goes unpaid, with each day of the violation counted separately. Section 9-118 also requires you to restore the site to its original condition.

Sources & Official References

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