Abington, PA Environmental Rules: Stormwater Management (2026)
Key Facts
- SWM site plan
- Required before permits/earth disturbance
- State E&S plan trigger
- 5,000 sq. ft. of earth disturbance
- NPDES permit
- Required under 25 Pa. Code Ch. 92
- Neighbor notice
- Required before altering runoff onto adjacent land
- Max fine
- $200 per violation, per day
- Appeal window
- 30 days, then 30 more to county court
Summary
Abington Township requires a written stormwater management (SWM) site plan approval before subdivision, building permits or earth disturbance may proceed on a regulated site, plus an erosion and sediment control plan once disturbance reaches 5,000 square feet. Violations of Chapter 142 draw fines up to $200 per day.
§ 142-401. General requirements. ... A. For any of the activities regulated by this chapter, unless preparation of a stormwater management (SWM) site plan is specifically exempted, the preliminary or final approval of subdivision and/or land development plans, the issuance of any building or occupancy permit, the commencement of any earth disturbance activity may not proceed until the property owner or applicant or his/her agent has received written approval from the Municipality of a SWM site plan that demonstrates compliance with the requirements of this chapter, and a written approval of an adequate erosion and sediment (E&S) control plan from the Municipality or County Conservation District when required. ... DEP regulations require an erosion and sediment control plan for any earth disturbance activity of 5,000 square feet or more, under 25 Pa. Code § 102.4(b). ... § 142-905. Violations and penalties. A. Anyone violating the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $200 for each violation, recoverable with costs.
Full Breakdown
Chapter 142, the Stormwater Management Ordinance adopted by Ord. No. 2100, implements the Tookany/Tacony-Frankford, Pennypack Creek and Wissahickon Creek Act 167 watershed plans across the township's three watersheds. Section 142-401.A bars preliminary or final subdivision and land development approval, any building or occupancy permit, and the start of any earth disturbance activity until the property owner or applicant has received the Municipality's written approval of an SWM site plan demonstrating compliance with the chapter, along with an approved erosion and sediment (E&S) control plan from the Municipality or County Conservation District where required.
That approved SWM site plan must stay on site for the entire regulated activity. Section 142-401.D flags the state floor beneath the local rule: DEP regulations under 25 Pa. Code § 102.4(b) require an erosion and sediment control plan for any earth disturbance of 5,000 square feet or more, and a DEP NPDES construction permit under 25 Pa. Code Chapter 92 for regulated earth disturbance, with the E&S plan and any required permit kept on the project site at all times. The Municipality may, after consulting DEP, approve alternative measures meeting state water quality requirements, including the Clean Streams Law, and stormwater discharges onto a neighboring property require written notice to that owner before any change.
Violations & Fines
Section 142-905 makes a Chapter 142 violation a summary offense punishable by a fine of not more than $200 per violation plus costs, with each day of continuing violation a separate, cumulative offense, and the township may seek an injunction or mandamus action in addition to the fine. Under § 142-906, a person aggrieved by a township decision under this chapter has 30 days to appeal to the Township of Abington and, from there, 30 days to appeal further to the Montgomery County Court of Common Pleas.
Frequently Asked Questions
Do I need township approval before building in Abington if it disturbs land?
At what size does an erosion and sediment control plan kick in?
What happens if my project sends more runoff onto my neighbor's yard?
What's the penalty for a stormwater ordinance violation?
Sources & Official References
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