Rochester, NY Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger
- >50 cy excavation/fill or >10,000 sf grading
- SWPPP required
- Disturbance of 1 acre or more
- Permit fee
- $500 (no SWPPP) or $1,500 (SWPPP)
- Review timeline
- 60 days from complete application
- Max project duration
- 12 months
- High-violation fine
- $500 initial, $1,000 on default
Summary
Rochester requires a site preparation permit before grading, filling, stripping vegetation or excavating beyond set thresholds, with a stormwater pollution prevention plan (SWPPP) mandatory on sites disturbing an acre or more. The Commissioner of Neighborhood and Business Development administers the program under Chapter 39, Article IV.
None of the following activities shall be commenced until a permit has been issued pursuant to the provisions of this part: (1) Site preparation within wetlands. (2) Site preparation on slopes which exceed 1 1/2 feet of vertical rise for each 10 feet of horizontal distance, as determined by a topographical survey. (3) Site preparation within the floodplain of any watercourse. (4) Excavation which affects more than 50 cubic yards of material within any parcel or any contiguous area not associated with building construction. (5) Stripping which affects more than 10,000 square feet of ground surface within any parcel or any contiguous area. (6) Grading which affects more than 10,000 square feet of ground surface within any parcel or any contiguous area. (7) Filling which exceeds a total of 50 cubic yards of material within any parcel or contiguous area.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4935326; v86 updated 2026-06-16; through 06-16-2026).
Full Breakdown
5 feet of rise per 10 feet of run, within a watercourse floodplain, or activity that involves excavation over 50 cubic yards, stripping or grading over 10,000 square feet, or filling over 50 cubic yards, until a site preparation permit issues. Emergency work, active farming, and routine maintenance disturbing under five acres are exempt under § 39-405B. Applications go to the Commissioner per § 39-406: the filing fee is $500 if no SWPPP is required or $1,500 if one is, and the Commissioner must act within 60 days of a complete filing.
Total project time may not exceed 12 months. Any activity disturbing one acre or more, requiring a federal Notice of Intent, must submit a SWPPP under § 39-407C(5), sealed by a New York-licensed professional engineer who certifies the erosion and sediment control practices meet the City's design criteria and the state's 'Blue Book' standards. Construction phasing plans must cap disturbance at five acres at any one time absent a DEC letter of permission, per § 39-407C(5)(b). A performance bond or letter of credit is required in $10,000 increments per 5,000 cubic yards of fill material placed on site, not released until the Commissioner confirms conformance. Permits can be revoked mid-term for violations under the procedures in § 39-210H.
Violations & Fines
Grading, excavating or filling contrary to this Part is a violation of § 39-414, classified as a 'high violation' under the Municipal Code's penalty schedule (§ 13A-11D(1)(c)): an immediate-hazard offense carrying a $500 initial penalty and $1,000 upon default, with unabated violations subject to a new ticket every seven days. Stop-work order violations under § 39-211 add a separate $100 first-offense/$250 subsequent-offense penalty, with each day a separate offense.
Frequently Asked Questions
Do I need a permit to grade my Rochester property?
When does a project need a full SWPPP?
What happens if I grade without a permit in Rochester?
Who administers Rochester's erosion control permits?
Sources & Official References
Other rules in Rochester
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