Clarkstown, NY Environmental Rules: Stormwater Management (2026)
Key Facts
- SWPPP trigger
- 10,000 sq ft or more of land disturbance
- Reviewing officer
- Director, Dept. of Engineering & Facilities Mgmt
- First-offense fine
- Up to $1,000
- Repeat-offense fine
- $1,000-$5,000 plus up to 15 days jail
- Civil penalty option
- Up to $3,000 per violation
- Design standard
- NYS Stormwater Management Design Manual
Summary
Clarkstown requires a stormwater pollution prevention plan before approving any land development activity disturbing 10,000 square feet or more, under Town Code Chapter 249A, Article II. Violations carry escalating fines and possible jail time.
This article shall be applicable to all land development activities as defined in § 249A-25 (Definitions) herein. ... LAND DEVELOPMENT ACTIVITY: Activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 10,000 square feet of land area. ... A. Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article. ... any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $1,000 for conviction of a first offense; for conviction of a second offense... punishable by a fine not less than $1,000 nor more than $2,500 or imprisonment for a period not to exceed 15 days, or both.
Full Breakdown
Chapter 249A, Article II applies to "all land development activities as defined in § 249A-25 (Definitions)" (§ 249A-22), and § 249A-25 defines a covered land development activity as clearing, grading, excavating, soil disturbance or fill placement resulting in 10,000 square feet or more of land disturbance, including activity that is part of a larger common plan even when done in phases. " Projects not otherwise subject to Town Board, Planning Board or Zoning Board of Appeals review must submit their SWPPP directly to the Stormwater Management Officer, a role the Town Board has assigned to the Director of the Department of Engineering and Facilities Management (§ 249A-23).
Larger projects, those discharging to an impaired waterway, disturbing five or more acres, or disturbing between 10,000 square feet and five acres, must add postconstruction water-quantity and water-quality controls under § 249A-26C-D, including hydrologic analysis, a maintenance schedule, and a recorded maintenance easement. Design must follow the New York State Stormwater Management Design Manual and the state Erosion Control Manual (§ 249A-27). Enforcement runs through the Stormwater Management Officer and Town code enforcement personnel (§ 249A-30G), who may issue a notice of violation and a stop-work order, and no certificate of occupancy issues until the SMO certifies compliance (§ 249A-30E).
Violations & Fines
Section 249A-30D sets a first-offense fine up to $1,000; a second offense within five years draws $1,000 to $2,500 or up to 15 days in jail; a third or later offense within five years draws $2,500 to $5,000 or up to 15 days in jail, with each week of continued violation a separate offense. A separate civil penalty of up to $3,000 per violation can follow a Town Board hearing, and the Town may record unpaid corrective-action costs as a tax lien on the property.
Frequently Asked Questions
When does a Clarkstown project need a stormwater pollution prevention plan?
Who reviews Clarkstown stormwater plans that don't go before a board?
What is the penalty for violating Clarkstown's stormwater law?
Sources & Official References
Other rules in Clarkstown
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