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Bethlehem, PA Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Codified Ordinances Article 925
Drainage Plan trigger
over 10,000 sq ft new impervious cover
Enforcing office
City Engineering Bureau
First-offense fine
$200 or 30 days, or both
Repeat-offense fine
up to $1,000 or 90 days
State authority
Act 167, 32 P.S. Section 680.1

Summary

Bethlehem regulates land development, subdivision and earth-moving activity across its Lehigh River, Catasauqua Creek, Monocacy Creek, Nancy Run and Saucon Creek watersheds under the City of Bethlehem Stormwater Management Ordinance. A Drainage Plan is required for regulated activity creating more than 10,000 square feet of new impervious cover, with runoff-rate and water-quality controls enforced by the City Engineering Bureau.

A. Impervious Cover - Any proposed Regulated Activity, except those defined in Section 925.05I and 925.05J, which would create 10,000 square feet or less of additional impervious cover is exempt from the Drainage Plan preparation provisions of this Ordinance except as cited in Section 925.06D and E... F. ... No exemptions shall be provided for regulated activities as defined in Sections 925.05I and 925.05J. ... A. ... Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be subject to the following penalties: 1. First violation – A fine of $200.00, or thirty days imprisonment, or both; 2. Second violation – A fine of $500.00, or sixty days imprisonment, or both; 3. Third and each subsequent violation – A fine of $1,000.00, or ninety days imprisonment, or both. Each day that the violation continues shall be a separate offense.

Full Breakdown

S. 1) and the Municipalities Planning Code, requires a Drainage Plan for any Regulated Activity: land development, subdivision, construction of new impervious surfaces such as driveways and parking lots, earth moving, diversion of a stream channel, or installation of stormwater systems. 06 exempts a Regulated Activity that creates 10,000 square feet or less of additional impervious cover from Drainage Plan preparation, but the exemption is cumulative: once a parent tract's total added impervious cover since the original 1988 Act 167 ordinance exceeds 10,000 square feet, the full amount must meet the Ordinance's provisions.

Any project that instead qualifies for the small-disturbance exemption must still control water quality with a BMP such as a vegetated sheet-flow buffer at least as long as the impervious area it drains, disconnected roof downspouts routed over lawn or woodland to avoid gully erosion, or infiltration meeting the Ordinance's design standards. 05J) get no exemption under any circumstance. Agricultural plowing, agricultural operations and forest or timber management are exempt from rate-control and Drainage Plan requirements only if performed to the standards of 25 Pa.

Code Chapter 102, and the City may still deny or revoke any exemption at any time if it believes the project threatens public health, safety, property or the environment. A prior Drainage Plan approved as part of a subdivision or land development proposal before this Ordinance's effective date stays exempt from the water-quantity provisions unless the design is significantly revised, in which case a new Drainage Plan under the current Ordinance is required.

Violations & Fines

Article 925.99 makes a violation a misdemeanor: a first offense draws a fine of $200 or thirty days imprisonment, or both; a second offense $500 or sixty days, or both; a third and each later offense $1,000 or ninety days, or both, with each day a violation continues counted as a separate offense. District justices have initial jurisdiction, and the City solicitor may also seek injunctive or mandamus relief, plus damages for injury to the City's storm sewer system, on top of the fines.

Frequently Asked Questions

Does every new driveway in Bethlehem need a stormwater Drainage Plan?
Not automatically. Section 925.06 exempts a Regulated Activity that creates 10,000 square feet or less of new impervious cover, but that exemption is cumulative on the parent tract, so a series of small additions over time can push a property over the threshold and trigger the full Drainage Plan requirement.
Can a small project skip water quality controls entirely in Bethlehem?
No. Section 925.06E still requires an exempt project to use a BMP, such as a sheet-flow vegetated buffer, disconnected downspouts routed over lawn, or infiltration meeting the Ordinance's design standards, to control water quality even when Drainage Plan preparation itself is waived.
What happens if someone violates Bethlehem's stormwater ordinance repeatedly?
Article 925.99 escalates the penalty with each violation: $200 or 30 days for a first offense, $500 or 60 days for a second, and $1,000 or 90 days for a third and every offense after that, with each day the violation continues charged as a separate offense before the district justice.
Is stream channel diversion ever exempt from Bethlehem's Drainage Plan rules?
No. Section 925.06F states that regulated activities involving diversion or piping of a natural or man-made stream channel, or installation of stormwater systems and appurtenances, receive no exemption from the Drainage Plan requirements under any part of Section 925.06.

Sources & Official References

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