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Upper Darby, PA Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing section
§ 465-16, Chapter 465
State approval required
PADEP Title 25 Chapter 102 plan
Municipal permit
Grading and erosion control permit
NPDES coverage
Title 25 Chapter 92 or PAG-2
Plan must stay
On site at all times

Summary

Before any earth disturbance begins, Upper Darby Township requires a PADEP-approved erosion and sediment control plan under Title 25 Chapter 102 plus a municipal grading and erosion control permit. Larger sites also need NPDES construction coverage, and the approved plan must stay on site at all times.

No regulated earth disturbance activities within the municipality shall commence until the municipality receives an approval from the PADEP in compliance with Title 25 Chapter 102 of the Pennsylvania Code of an erosion and sediment control plan for construction activities if applicable. In addition, no earth disturbance activities shall commence until the applicant has secured a grading and erosion control permit from the municipality in which the project lies.

Full Breakdown

Section 465-16 of Chapter 465, Upper Darby's Stormwater Management Ordinance (adopted 2005, re-enacted 2022), sets the erosion and sediment control rules that apply during construction. No regulated earth disturbance activity may start until the Pennsylvania Department of Environmental Protection approves an erosion and sediment control plan under Title 25 Chapter 102, and, separately, the applicant secures a grading and erosion control permit from the municipality where the project sits. Larger sites also need a PADEP 'NPDES Construction Activities' permit under Title 25 Chapter 92; obtaining that permit, or coverage under the statewide general permit PAG-2, satisfies the plan-submission requirement of § 465-27A.

The applicant must give the Township evidence of every required permit from the PADEP regional office or the County Conservation District, and a copy of the approved erosion and sediment control plan, along with any permit, must stay on the project site at all times so it is available for inspection. Where infiltration BMPs are proposed, § 465-16F adds two more construction-phase duties: the infiltration area must be protected from sedimentation and compaction throughout construction, and it cannot be built or receive runoff until its entire contributing drainage area has reached final stabilization.

Because these are earth-disturbance rules under the same chapter as the Township's broader stormwater program, a contractor grading near a stream still owes the 25-foot drainage easement required by § 465-14H, and § 465-50A(3) lets the Township suspend a permit outright if construction creates a hazard, nuisance or pollution.

Violations & Fines

Grading without the PADEP-approved plan and municipal permit is enforceable under §§ 465-49 through 465-51: the Township can order corrective work by written notice, do the work itself and bill the violator, and impose a fine for each day the violation continues, cumulative with suspension or revocation of the permit under § 465-50.

Frequently Asked Questions

Do I need PADEP approval before I can start grading in Upper Darby?
Yes. Section 465-16A bars any regulated earth disturbance activity from starting until PADEP approves an erosion and sediment control plan under Title 25 Chapter 102, and the applicant separately obtains a grading and erosion control permit from the Township.
Is a separate NPDES permit required for construction sites?
Larger earth-disturbance projects need a PADEP 'NPDES Construction Activities' permit under Title 25 Chapter 92, per § 465-16C. Coverage under the statewide general permit PAG-2 satisfies the Township's plan-submission requirement in § 465-27A, so contractors do not file duplicate paperwork.
Where must the erosion control plan be kept during construction?
Section 465-16E requires a copy of the approved erosion and sediment control plan, along with any required PADEP permit, to be available on the project site at all times so Township or PADEP inspectors can check compliance in the field.

Sources & Official References

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