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Yonkers, NY Environmental Rules: Erosion Control (2026)

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

Key Facts

Trigger
>5,000 sq ft with slope over 15%
Vegetation disturbance limit
No more than 15 days before construction
Stabilization deadline
Within 2 days if grading pauses 30+ days
State standard referenced
NYSDEC Urban Erosion and Sedimentation Guidelines
Topsoil stockpiling
Barred on slopes over 15% without mitigation
Waiver
Planning Board may waive for equal mitigation

Summary

When a Yonkers development site has more than 5,000 square feet with a slope over 15%, City Code § 43-105B imposes extra erosion and sediment control standards for site plan approval. Builders must limit exposed ground, stabilize soil within two days when grading pauses, follow NYSDEC erosion guidelines, and cannot stockpile topsoil on steep slopes without mitigation.

(h) Disturbance of existing vegetation and ground cover shall not take place more than 15 days prior to the start of grading and construction operations. ... (j) Temporary soil stabilization measures such as netting, mulching or hydro seeding shall be shown as necessary on the site plan and shall be applied within two days of disturbance if final grade is not expected to be established within 30 days. ... (k) Measures for the control of erosion and sedimentation shall be consistent with the NYSDEC "Guidelines for Urban Erosion and Sedimentation Control," as amended, or its equivalent satisfactory to the approving authority. ... (o) Topsoil stockpiling is not permitted on slopes of greater than 15% without mitigation to control erosion of the stockpile and to capture and control any migrating sediment caused by erosion.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4745274; v31 updated 2025-10-28; through 10-28-2025).

Full Breakdown

Section 43-105 of the Zoning Ordinance, in Article IX, Site Plan Review, sets the general review standards the Planning Board applies to every site plan, then adds a specific steep-slope track in Subsection B for any site with an area greater than 5,000 square feet where the slope exceeds 15%. Within that track, § 43-105B(1)(h) bars disturbing existing vegetation and ground cover more than 15 days before grading and construction begin, so a site cannot sit stripped and exposed for weeks before work starts. Paragraph (j) requires temporary soil-stabilization measures, netting, mulching or hydroseeding, to be shown on the site plan and applied within two days of any disturbance if final grade will not be reached within 30 days.

Paragraph (k) ties the whole program to state practice, requiring erosion and sedimentation control measures to be consistent with the NYSDEC's 'Guidelines for Urban Erosion and Sedimentation Control' or an equivalent standard acceptable to the approving agency. Paragraph (l) requires a topsoil conservation plan: topsoil removed from disturbed areas must be stockpiled, stabilized against erosion, and replaced on the site at final grading. Paragraph (o) specifically forbids stockpiling topsoil on slopes greater than 15% unless the applicant mitigates erosion of the stockpile itself and captures any sediment that migrates from it.

Clear-cutting is also restricted: § 43-105B(1)(i) directs applicants to phase clearance as construction progresses rather than clearing the whole site at once. The Planning Board may waive any of these steep-slope standards under § 43-105B(2) if it finds other, equally effective mitigation measures are proposed.

Violations & Fines

Site plan approval is the enforcement lever: the Planning Board can withhold or condition approval until the erosion and sediment control measures in § 43-105B are shown on the plan, and a certificate of occupancy cannot issue until required improvements are installed or bonded under § 43-108. Construction proceeding without approved plans is a Class II offense under § 43-153, fined $100 to $5,000 under City Code § 1-21.

Frequently Asked Questions

Does Yonkers require erosion control for all construction sites?
The specific standards in § 43-105B apply to sites with more than 5,000 square feet of area where the slope exceeds 15%; those steep-slope sites face extra erosion, sediment and grading rules during Planning Board site plan review. Smaller or flatter sites are still reviewed for stormwater and erosion adequacy under the general § 43-105A standards.
How long can a Yonkers steep-slope site sit disturbed before it must be stabilized?
Existing vegetation and ground cover cannot be disturbed more than 15 days before grading starts, and once disturbance begins, temporary stabilization such as netting, mulching or hydroseeding must go down within two days if final grade will not be reached within 30 days, per § 43-105B(1)(h) and (j).
What happens to topsoil during grading on a steep slope in Yonkers?
Section 43-105B(1)(l) requires a topsoil conservation plan: topsoil removed from disturbed areas must be stockpiled and stabilized against erosion, then replaced on the site at final grading. Stockpiling topsoil on any slope over 15% is barred unless the applicant mitigates erosion of the pile itself under § 43-105B(1)(o).

Sources & Official References

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