Amherst, NY Environmental Rules: Stormwater Management (2026)
Key Facts
- Adopted
- 9-17-2007 by L.L. No. 11-2007
- Plan required
- SWPPP before any land development approval
- Reviewing officer
- Stormwater Management Officer
- First-offense fine
- Up to $350
- Repeat-offense fine
- $700 to $1,000
Summary
Amherst requires a stormwater pollution prevention plan before approving any land development activity, reviewed by a dedicated Stormwater Management Officer. The rule implements the state SPDES general permit and applies to Planning Board site-plan projects and other land development alike, with narrow exemptions for farms, gardens and small repairs.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction... Meet the requirements of minimum measures 4 and 5 of the SPDES general permit for stormwater discharges from municipal separate stormwater sewer systems (MS4s), Permit No. GP-02-02, or as amended or revised... No application for approval of a land development activity shall be approved until the appropriate board has received an acceptable stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article.
Full Breakdown
Chapter 172, Article II, "Stormwater Management; Erosion and Sediment Control," adopted 9-17-2007 by Local Law No. 11-2007, states its purpose at § 172-21 is to meet minimum measures 4 and 5 of the SPDES general permit for MS4 discharges and to require land development to conform to the state's SPDES construction general permit, in order to minimize increases in runoff, flooding, siltation and streambank erosion. Section 172-23 requires the Town to designate a Stormwater Management Officer who accepts and reviews all stormwater pollution prevention plans (SWPPPs), and it splits review paths: activities already subject to Planning Board site-plan review are evaluated under this article's standards, while other land development activities must submit a SWPPP directly to the Stormwater Management Officer.
Section 172-25(A) bars approval of any land development activity until the appropriate board has an acceptable SWPPP, which under § 172-25(B) must include background project information, a site map showing disturbed and undisturbed areas, soil descriptions, a construction phasing plan, pollution-prevention measures, and both temporary and permanent erosion and sediment control measures. Section 172-24 exempts agricultural and (mostly) silvicultural activity, routine maintenance disturbing under five acres, emergency work, home gardening, and pre-existing approved subdivisions or building permits. Larger projects, those disturbing five or more acres, one to five acres outside single-family construction, or those discharging to an impaired waterway, must also include post-construction water quantity and quality controls under § 172-25(B)(2)-(3).
Violations & Fines
Section 172-31(D) makes a violation punishable by a fine up to $350 or up to six months imprisonment, or both, for a first offense; $350 to $700, or imprisonment up to six months, or both, for a second offense within five years; and $700 to $1,000, or imprisonment up to six months, or both, for a third or later offense within five years, with each week of continued violation a separate offense. The Stormwater Management Officer can also issue a stop-work order under § 172-31(B) and withhold a certificate of occupancy under § 172-31(E) until the violation is remediated.
Frequently Asked Questions
Do I need a stormwater plan to build in Amherst?
Is a home garden exempt from Amherst's stormwater rules?
Who reviews stormwater plans in Amherst?
Sources & Official References
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