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Somerville, MA Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit required
Site construction permit from city engineer
Trigger
Land disturbance risking runoff or pollutants
Penalty
$300 per offense, per day
Bond
Equal to full stormwater facility construction cost
Enforcing agency
City Engineer
Exemptions
Fencing, non-drainage utilities, emergency work

Summary

Somerville requires a site construction permit from the city engineer before any land-disturbing work, including clearing, grading, paving or excavation, that could increase stormwater runoff or introduce pollutants to the storm drainage system. The ordinance implements the city's federal NPDES stormwater permit and targets erosion and sedimentation from construction sites citywide.

No person may undertake a construction activity, including clearing, grading, paving, and excavation, that results in a land disturbance that could potentially increase runoff or introduce pollutants to the city's storm drainage system without a site construction permit from the city engineer... The city engineer shall enforce this section and any regulation, decision, permit or order issued under this section and may pursue all civil and criminal remedies for violations of their provisions... The penalty shall be $300.00 for each offense. Each day on which any violation exists shall be deemed a separate offense.

Source: Somerville DPW EngineeringView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Zoning Ordinances: Revision - CodeBank PDF Post).

Full Breakdown

Section 11-146 was adopted by Ordinance 2020-11 (effective May 14, 2020) to carry out the city's NPDES General Permit for its municipal separate storm sewer system and to eliminate adverse effects of soil erosion and sedimentation from land-disturbing activity. Any construction activity, including clearing, grading, paving and excavation, that could increase runoff or introduce pollutants to the storm drainage system needs a site construction permit from the city engineer before work starts; routine maintenance that keeps the original grade, capacity or purpose of a site is not covered.

Four categories are exempt: fencing that will not substantially alter terrain or drainage, non-drainage utility work such as gas, electric or telephone lines, projects already approved before the ordinance took effect, and emergency work to protect life, limb or property. The city engineer publishes the permit rules, regulations and fees, updates the city council each January 1, and may allow a de minimis exemption for minor work. Before a building permit issues for a project needing a stormwater management facility, the applicant must post a surety or cash bond at least equal to the total estimated construction cost of that facility; the bond is not released until the city engineer completes a final inspection, receives as-built plans and certifies compliance.

The city engineer may waive strict compliance for small-scale, de minimis projects on written request with supporting documentation. Waivers, permits and bonding are separate from the litter and snow-clearing duties owners already owe under other chapters of the code.

Violations & Fines

Violations carry a $300 penalty for each offense, and each day a violation continues is a separate offense; multiple violated provisions on one property each count separately too. The city engineer can order corrective work performed at the property owner's expense on top of the fine, and unpaid fines and costs become a municipal lien on the property. Cases run through noncriminal disposition under section 1-11(b) and M.G.L. c. 40, § 21D, or by criminal complaint in district court.

Frequently Asked Questions

Do I need a permit to clear or grade my Somerville lot?
Yes, if the work could increase stormwater runoff or introduce pollutants to the storm drainage system. Clearing, grading, paving and excavation all trigger the site construction permit requirement from the city engineer before work begins under section 11-146.
What construction work is exempt from the erosion control permit?
Fencing that will not substantially alter terrain or drainage, non-drainage utility work like gas, electric or telephone lines, projects already approved before the May 2020 ordinance, and emergency work to protect life, limb or property are all exempt from the permit.
What happens if I skip the erosion control permit?
The city engineer can order corrective work performed at your expense in addition to a $300 per-day fine, pursued through noncriminal disposition or a district court complaint. Unpaid fines and costs become a lien against the property.
Can the site construction permit be waived?
Yes, for small-scale projects with de minimis impact. The owner submits a written request with documentation showing that strict compliance would not further the ordinance's stormwater and erosion-control purposes, and the city engineer decides.

Sources & Official References

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