Union, NY Environmental Rules: Erosion Control (2026)
Key Facts
- Regulated activity
- Land disturbance of one acre or more, or part of larger plan
- Disturbance cap
- Not more than five acres at one time without approved SWPPP
- Inspections
- Every seven days where five acres or less are exposed
- Sediment cleanout
- When trap or pond design capacity is reduced by 50%
- Notice to Town
- At least 48 hours before listed construction stages
- First-offense fine
- Not exceeding $350 or up to six months, or both
Summary
Chapter 171 of the Town of Union Code requires a Stormwater Pollution Prevention Plan with erosion and sediment controls for land development activity, meaning one acre or more of disturbance or a smaller disturbance within a larger common plan. Under § 171-9A a qualified professional inspects controls every seven days and sediment is removed at a 50% capacity loss. It applies in the Town of Union outside the Villages of Endicott and Johnson City.
A. Maintenance and inspection during construction. (1) The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. (2) For land development activities as defined in § 171-6 of this chapter and meeting Condition A, B or C in § 171-7B(2), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days for sites with five acres or less exposed and twice every seven days, separated by two full days, for sites with more than five acres exposed or in accordance with the current general permit for stormwater discharges from construction activity. Inspection reports shall be maintained in a site logbook.
Full Breakdown
Chapter 171 was adopted by the Town Board on March 7, 2007 as L.L. No. 1-2007 and pairs erosion control with stormwater management. It applies to every "land development activity," which § 171-6 defines as clearing, grading, excavating, soil disturbance or placement of fill that disturbs one acre or more, or less than one acre when it is part of a larger common plan of development or sale. Section 171-5 lists activities eligible for exemption, including agricultural activity, emergency work needed to protect life, property or natural resources, home gardening, and routine maintenance that disturbs less than five acres.
Section 171-7A bars review of any application until the board has received a Stormwater Pollution Prevention Plan (SWPPP). Section 171-7B(1) lists the erosion and sediment content: a site map at a scale no smaller than one inch = 100 feet, a soil description, construction phasing, temporary and permanent stabilization for each stage, dimensions and installation details for each practice including temporary sediment basins, and a maintenance schedule. Consistent with the Erosion Control Manual, known as the "Blue Book," not more than five acres can be disturbed at one time unless an approved SWPPP provides otherwise. Section 171-8C adds that no activity can cause an increase in turbidity that results in substantial visible contrast to natural conditions in surface waters of the state.
The quoted § 171-9A covers the construction period. Sediment comes out of traps and ponds once design capacity is down by 50%. A qualified professional inspects every seven days where five acres or less are exposed, and twice every seven days, separated by two full days, where more than five acres are exposed, with reports kept in a site logbook. Under § 171-7F a person trained in erosion and sediment control must be on site daily during soil disturbance and must complete four hours of DEC-endorsed training every three years. Each contractor and subcontractor signs the § 171-7D certification before disturbing soil. Section 171-10 has the applicant give the Town enforcement official 48 hours' notice before listed stages, such as start of construction and installation of erosion controls, as the Stormwater Management Officer requires. If violations are found, no further work proceeds except site stabilization.
Violations & Fines
Section 171-13D makes a first offense a violation punishable by a fine not exceeding $350 or up to six months in jail, or both. A second offense within five years carries a fine of not less than $350 nor more than $700, and a third or later offense within five years carries a fine of not less than $700 nor more than $1000, each with up to six months. Each week of continued violation is a separate violation. The Town can also issue stop-work orders, withhold occupancy, and require restoration of land.
Frequently Asked Questions
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Sources & Official References
Other rules in Union
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