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Scranton, PA Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing chapter
City Code Ch. 405, Part 3 (Stormwater Management)
BMP requirement
§ 405-25(D): erosion/sediment BMPs during construction
Exemption threshold
Under 5,000 sq ft disturbance or impervious area
Penalty
Up to $300 per day, summary offense
Appeal window
30 days to City Planning Commission
Enforcing agency
City of Scranton stormwater program

Summary

Scranton requires erosion and sediment control best management practices on every earth-disturbing construction site under City Code § 405-25(D), part of the city's Stormwater Management Ordinance. BMPs must be designed, installed and maintained throughout construction to meet Pennsylvania Code Title 25 and Clean Streams Law standards, and larger sites also need an approved stormwater site plan.

For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction), to meet the purposes and requirements of this Part 3 and to meet all requirements under Pennsylvania Code Title 25 and the Clean Streams Law. ... Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual), Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-2134-008 (2000), as amended and updated.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4719898; v25 updated 2025-12-16; through 12-16-2025).

Full Breakdown

Part 3 of Chapter 405, cited as the 'City of Scranton Stormwater Management Ordinance,' governs every regulated earth-disturbance activity in the city, from single-lot construction to multi-phase subdivisions. Section 405-25(D) requires erosion and sediment control BMPs to be designed, implemented, operated and maintained throughout construction, meeting both Pennsylvania Code Title 25 and the Clean Streams Law, with design standards drawn from DEP's Erosion and Sediment Pollution Control Program Manual (No. 363-2134-008). Before any regulated activity can begin, the developer must obtain the City's written approval of a stormwater management (SWM) site plan under § 405-25(A), and that approved plan must stay on site for the duration of construction under § 405-25(B).

Section 405-26(A)(1) exempts activities that create less than 5,000 square feet of new impervious area or disturb less than 5,000 square feet from the SWM site plan and peak-rate-control requirements, but § 405-26(B) makes clear that exemption never excuses compliance with the erosion and sedimentation pollution control duties in § 405-25(E) through (L). The City inspects sites for compliance under § 405-46(C), and if BMPs are eliminated, altered or improperly maintained, § 405-46(D) lets the City order corrective work and back-charge the property owner if the owner fails to act.

Non-compliant permits can be suspended or revoked under § 405-47, and § 405-47(D) gives owners written notice and a set correction window before revocation. Appeals of any City decision go first to the City Planning Commission within 30 days under § 405-49(A), and from there to the Lackawanna County Court of Common Pleas within another 30 days under § 405-49(C).

Violations & Fines

A person who fails to correct a violation within the deadline set in the municipal representative's notice is guilty of a summary offense under § 405-48, punishable by a fine of not more than $300, with each day of continued violation charged as a separate offense. The City may also abate the nuisance itself and bill the property owner, pursue an equity action in court to compel compliance, and file the removal costs and penalties as a lien against the property under § 405-48(C).

Frequently Asked Questions

Do I need a permit before starting construction in Scranton?
Yes. Under § 405-25(A), no regulated earth-disturbance activity may begin until the City of Scranton issues written approval of a stormwater management (SWM) site plan demonstrating compliance with Chapter 405, Part 3. The approved plan must remain on site throughout construction, and small projects disturbing less than 5,000 square feet skip the full SWM plan but still owe erosion and sediment control under § 405-25(E) through (L).
What happens if my construction site does not disturb much land?
Section 405-26(A)(1) exempts activities disturbing less than 5,000 square feet, or creating less than 5,000 square feet of new impervious area, from the peak-rate-control and full SWM site plan requirements. Even exempt sites must still comply with the erosion and sedimentation pollution control standards in § 405-25(E) through (L), so BMPs are never optional.
What is the fine for violating Scranton's erosion control rules?
Section 405-48 makes noncompliance a summary offense punishable by a fine of up to $300, and every day the violation continues counts as a separate offense. The City can also remove the nuisance itself, bill the owner for the cost, sue in equity to force compliance, and record unpaid costs and penalties as a lien on the property.
Can I appeal a stormwater enforcement decision?
Yes. Section 405-49(A) lets anyone aggrieved by a City decision appeal to the City Planning Commission within 30 days, and the Commission can grant a hardship modification if it will not harm the public interest. A further appeal from the City's decision goes to the Lackawanna County Court of Common Pleas within 30 days under § 405-49(C).

Sources & Official References

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