Somerville, MA Environmental Rules: Erosion Control (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.
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?
What construction work is exempt from the erosion control permit?
What happens if I skip the erosion control permit?
Can the site construction permit be waived?
Sources & Official References
Other rules in Somerville
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