Allentown, PA Environmental Rules: Stormwater Management (2026)
Key Facts
- Exemption threshold
- 10,000 sq ft or less added impervious cover
- Governing chapter
- Code Ch. 538, adopted Ord. No. 14476 (2007)
- Civil penalty
- Up to $500 plus costs per violation
- Reviewing body
- City Engineer; large projects also to LVPC
- Waiver limit
- Water-quality provisions cannot be waived
Summary
Allentown regulates land development, subdivision, and new impervious surfaces over 10,000 sq ft under Chapter 538, Stormwater Management. A drainage plan meeting BMP and water-quality standards must be filed with the Planning Bureau or building permit officer before work proceeds.
The following activities are defined as regulated activities and shall be governed by this chapter: (1) Land development. (2) Subdivision. (3) Construction of new or additional impervious surfaces (driveways, parking lots, etc.)... Impervious cover. Any proposed regulated activity, except those defined in § 538-5B(5) and (6), which would create 10,000 square feet or less of additional impervious cover is exempt from the drainage plan preparation provisions of this chapter.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4995055; v49 updated 2026-06-26; through 06-26-2026).
Full Breakdown
Chapter 538 (Ord. No. 14476, adopted 4-19-2007) governs the Jordan Creek, Little Lehigh Creek, Monocacy Creek, and Lehigh River Subbasins watersheds within the City. Regulated activities include land development, subdivision, construction of new or additional impervious surfaces such as driveways and parking lots, new buildings or additions, diversion or piping of a stream channel, installation of stormwater systems, and regulated earth disturbance activities. Under Sec. 538-6, any regulated activity that creates 10,000 square feet or less of additional impervious cover is exempt from the drainage plan preparation requirement, but impervious cover added incrementally above that 10,000-square-foot threshold must comply, and no exemption applies to stream diversions or stormwater system installations.
Drainage plans for subdivisions and land developments go to the City's Planning Bureau and Bureau of Engineering (two copies); building-related activity plans go to the City's building permit officer; projects over 10,000 square feet of added impervious cover also route to the Lehigh Valley Planning Commission for an advisory consistency review. The City Engineer reviews each plan against the adopted watershed stormwater management plan and any DEP permits, and the City cannot approve a subdivision, land development, or building permit if the drainage plan is inconsistent with that plan.
Applicants facing unnecessary hardship may request a written waiver with a fee, but the City cannot waive the chapter's water-quality provisions, and financial hardship alone is not a valid basis for relief. The City Engineer or a designee may inspect construction, operations, and maintenance of stormwater best management practices at any stage and may suspend or revoke a permit if BMPs are not implemented as required.
Violations & Fines
A violation of Chapter 538 is deemed a public nuisance, and each day a violation continues is a separate offense. In a civil enforcement proceeding before a Magisterial District Judge, a violator faces a judgment of not more than $500 plus court costs and the City's reasonable attorney's fees. If the violator shows a good-faith basis for believing there was no violation, only one violation is counted through the fifth day after the judge's determination, after which each additional day again counts separately. The City may also suspend or revoke permits for noncompliance, and the Solicitor may seek injunctive or mandamus relief; appeals go through the Pennsylvania Municipalities Planning Code process.
Frequently Asked Questions
Do I need a stormwater drainage plan for a new driveway in Allentown?
Who reviews an Allentown drainage plan?
What happens if I violate Allentown's stormwater ordinance?
Sources & Official References
Other rules in Allentown
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