Wayne, NJ Environmental Rules: Erosion Control (2026)

Wayne Township ties erosion control to development review. Section 134-94.1(A) requires each subdivision, site plan, planned development permit or soil removal application to submit a soil erosion and sediment control plan. When the reviewing agency deems it appropriate, a plan is also submitted with a building or grading permit. Any permit with 5,000 square feet or more of total proposed disturbance must have Soil Erosion Control Plan approval by HEPSCD, the Hudson Essex Passaic Soil Conservation District. Minor subdivisions and agricultural use under an HEPSCD-approved farm conservation plan are exempt, though for a minor subdivision the Board requires a plan with the site plan when a building permit is applied for.

Section 134-94.2 lists what the plan contains: existing natural and man-made features, proposed changes, measures that comply with the standards on file at HEPSCD and the Township, and a schedule of the sequence of installation with anticipated starting and completion dates.

The design principles in § 134-94.3 apply during all stages of disturbance. Excavation is not permitted within two feet of the seasonal high water table. A soil export or mining operation shall not disturb more than five acres at a time before permanent grading and restoration. Silt fencing and wheel cleaning blankets are used as necessary, and diversions and sedimentation basins must be installed before any on-site soil disturbance. HEPSCD certification is required before actual soil disturbance, and dust and mud must be controlled on the premises and on abutting lands.

Before any permit is granted by the Construction Code Official, the developer files a performance guarantee with the Township Clerk in an amount recommended by the Township Engineer (§ 134-94.4). Measures are maintained for one year after completion of the approved plan or until permanently stabilized (§ 134-94.5). Under § 134-94.6, the certified plan must be kept on site at all times during construction.