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Allentown, PA Environmental Rules: Stormwater Management (2026)

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

View official code

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?
Only if the added impervious cover exceeds 10,000 square feet. Under Sec. 538-6, smaller regulated activities are exempt from the drainage plan preparation requirement, though incremental additions above that threshold still trigger compliance and safe-conveyance obligations remain.
Who reviews an Allentown drainage plan?
The City Engineer reviews it for consistency with the adopted watershed stormwater management plan and any DEP permits under Sec. 538-23. Projects adding more than 10,000 square feet of impervious cover also get an advisory review from the Lehigh Valley Planning Commission.
What happens if I violate Allentown's stormwater ordinance?
Under Sec. 538-44, a violation is enforced civilly before a Magisterial District Judge and can bring a judgment of up to $500 plus court costs and the City's attorney's fees, with each day of continued violation typically counted as a separate offense.

Sources & Official References

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