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Worcester, MA Environmental Rules: Erosion Control (2026)

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

Key Facts

Erosion control plan
Required before permit approval, §12(b)(5)
Permit season
April 1 to November 15, winter discretionary
Pre-construction step
Engineering division conference required
Default fine
$25-$300 per offense/day if unspecified
Enforcing agency
Commissioner of Public Works & Parks

Summary

Anyone permitted to construct, repair, alter or open a public or private way in Worcester must submit an erosion control plan for the commissioner of public works and parks to approve before work starts, one of several mandatory conditions attached to every way-construction permit under Chapter Twelve, Section 12.

(b) No person shall construct, repair, alter or otherwise open a way for use by the inhabitants thereon or the general public as described in subsection (a) above without first obtaining an inspection permit from the commissioner. The commissioner may impose reasonable conditions and limitations concerning work to be performed under such permit which shall include, but not be limited to, the following: ... (5) the applicant shall submit an erosion control plan, which must be approved by the commissioner, relative to the work to be undertaken pursuant to the permit;

Full Breakdown

Chapter Twelve, Section 12 governs anyone who wants to build, repair, alter or otherwise open a way used by the public, whether under the subdivision control law, the city's official map, or G.L. c. 41, § 81G. Before that work can begin, the person doing it must get an inspection permit from the commissioner of public works and parks, and Section 12(b) lists conditions the commissioner attaches to every such permit. Item (5) is the erosion control mandate: the applicant must submit an erosion control plan, and the commissioner has to approve it before the permit is valid for the work.

The same subsection stacks other conditions around that plan: unless completion is already secured under the subdivision control law, the applicant must post security under G.L. c. 41, § 81U; the permit runs for one construction season only, April 1 through November 15, though the commissioner can allow winter work from December 1 through the end of February at his discretion; the applicant must give the commissioner a detailed construction schedule; all inspection fees must be paid before the permit issues; and a pre-construction conference with the DPW engineering division is required first.

This erosion control plan requirement is tied specifically to way-construction and way-opening permits; it is not a freestanding, citywide site-erosion ordinance for every construction project. Worcester's separate Wetlands Protection ordinance, Chapter Six, independently regulates grading and ground disturbance within one hundred feet of wetlands, water bodies and storm drain inlets through the conservation commission, a different permit track for projects near water resources.

Violations & Fines

Chapter Twelve sets no standalone fine for skipping the erosion control plan, so a violation falls under Chapter Fifteen, Section 1's default: twenty-five to three hundred dollars per offense, with each day of continued noncompliance counted separately. The commissioner of public works and parks enforces the permit conditions directly and can refuse to issue, or can revoke, the underlying way-construction permit for noncompliance.

Frequently Asked Questions

Do I need an erosion control plan to open a street in Worcester?
Yes. Chapter Twelve, Section 12(b)(5) requires anyone permitted to construct, repair, alter or open a public or private way to submit an erosion control plan, and the commissioner of public works and parks must approve it before the inspection permit becomes valid for the work.
Does Worcester regulate erosion control on all construction sites, not just streets?
Not under Chapter Twelve; that requirement is limited to way-construction and way-opening permits. Larger ground disturbance near wetlands, water bodies or storm drain inlets is instead regulated separately by the conservation commission under the city's Wetlands Protection ordinance, Chapter Six, within a one-hundred-foot jurisdictional area.
When can way-construction work happen under the permit?
The standard construction season runs April 1 through November 15. The commissioner of public works and parks may, at his discretion, allow work during the winter window from December 1 through the end of February, but that is not guaranteed and depends on site conditions.

Sources & Official References

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