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Tonawanda, NY Environmental Rules: Erosion Control (2026)

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

Key Facts

Disturbance limit
Five acres at a time under a SWPPP
Reference manual
NY Erosion Control Manual ("Blue Book")
Extra controls
Required at 5+ acres or impaired waters
Inspection notice
48 hours before construction milestones
Appeal window
15 days to appeal a violation notice
First-offense fine
$350 or up to 6 months jail

Summary

Within its stormwater ordinance, the Town of Tonawanda limits active construction disturbance to five acres at a time and requires a phasing plan, erosion barriers and sediment controls before dirt is turned. Projects disturbing five acres or more must add extra water-quality controls, and the Stormwater Management Officer can demand 48 hours' notice before major grading milestones to inspect the controls in place.

Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP; ... Condition B. Stormwater runoff from construction activities disturbing five or more acres. ... The Town of Tonawanda Stormwater Management Officer (SMO) may require such inspections as necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and the stormwater pollution prevention plan (SWPPP) as approved.

Full Breakdown

Chapter 73's stormwater pollution prevention plan (SWPPP) requirements, adopted November 19, 2007, set the town's erosion and sediment control standards for construction activity outside the Village of Kenmore. Under § 73-8B(1)(d), a SWPPP's construction phasing plan must follow the New York Standards and Specifications for Erosion and Sediment Control, known as the Erosion Control Manual or 'Blue Book,' and cannot disturb more than five acres at any one time unless a broader disturbance is specifically approved in the plan. Every SWPPP must also describe the soil on site, show temporary and permanent measures for soil stabilization, runoff control and sediment control at each stage of the project, specify the location, size, materials and installation details of every erosion and sediment control practice, and set a maintenance schedule to keep those practices working.

Projects that disturb five or more acres, or between one and five acres outside single-family and agricultural work, trigger additional postconstruction water quantity and quality controls under § 73-8B(2). The Stormwater Management Officer can require inspections, with 48 hours' notice, at the start of construction, after installing erosion and sediment controls, and after site clearing and rough or final grading, and can halt further work except stabilization until any erosion-control violation found during those inspections is corrected. Failing to control erosion under an approved plan can bring a stop-work order, a notice of violation appealable within 15 days, and a requirement to restore disturbed land to its original condition.

Violations & Fines

Disturbing more than five acres at once without an approved phasing plan, skipping required erosion and sediment control measures, or continuing work after a stop-work order violates Chapter 73's SWPPP standards. A first conviction carries a fine of $350 or up to six months in jail under § 73-11, rising to $350 to $700 for a second offense and $700 to $1,000 for a third within five years, plus possible restoration costs.

Frequently Asked Questions

How much land can be disturbed at once during construction in Tonawanda?
Under § 73-8B(1)(d), a construction phasing plan cannot disturb more than five acres at any one time, consistent with the New York Erosion Control Manual, unless the approved SWPPP specifically allows a larger phase.
What has to be in an erosion control plan?
The SWPPP must describe on-site soils, map the area of disturbance, and detail the temporary and permanent stabilization, runoff and sediment control measures for each construction stage, including the size, materials and installation details of every control practice and a maintenance schedule under § 73-8.
Can I appeal an erosion-control violation notice?
Yes. Under § 73-11, a notice of violation must state the required corrective measures and a compliance schedule, and the recipient can appeal the determination to the Town within 15 days of service.
What is the fine for violating the erosion control rules?
A first offense under Chapter 73 costs $350 or up to six months in jail, a second offense within five years costs $350 to $700, and a third costs $700 to $1,000, with each week of continued violation a separate offense under § 73-11.

Sources & Official References

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