Grading permits required by town building departments for earthwork over 500 cubic yards typical. Drainage must not discharge onto neighbor property under NY common law (reasonable use rule). NYSDEC Article 15 permits required for work in protected streams.
Orange County grading and drainage is regulated at multiple levels. Town building departments require grading permits for earthwork typically exceeding 500 cubic yards, with engineered drainage plans for projects altering runoff patterns. NY follows the reasonable use rule for surface water — a landowner may alter drainage so long as changes are not unreasonable and do not cause undue harm to neighbors (Kossoff v. Rathgeb-Walsh, 3 N.Y.2d 583). Stream and wetland work requires NYSDEC permits under ECL Article 15 (Protection of Waters) and Article 24 (Freshwater Wetlands) — 100 ft adjacent area regulated. Orange County contains portions of the NYC Watershed (West-of-Hudson), triggering NYC DEP stormwater pollution prevention plan (SWPPP) review. Construction sites over 1 acre require a SPDES general permit (GP-0-20-001) under 6 NYCRR Part 750. Erosion and sediment control per NYS Standards and Specifications (Blue Book) required during construction. Hudson Valley communities also coordinate with Hudson River Valley Greenway for major projects.
Grading without permit: stop-work order, fines $350-$1,000 per day. Discharging onto neighbor: civil nuisance action plus injunctive relief. DEC Article 15/24 violations: fines up to $10,000/day and criminal referral for willful violations.
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