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Colonie, NY Environmental Rules: Stormwater Management (2026)

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

Key Facts

Trigger
SWPPP required for site plan, subdivision, or 1+ acre disturbance
Enforcing agency
Commissioner of Public Works, Stormwater Management Office
First offense penalty
Up to $5,000 fine or 6 months jail
Repeat offense penalty
$700 to $15,000 fine, third offense in 5 years
Appeal window
15 days after notice of violation
Inspection notice
48 hours before key construction milestones

Summary

The Town of Colonie requires a stormwater pollution prevention plan before any land development activity gets approved. Projects disturbing an acre or more, or increasing impervious cover, must submit a SWPPP to the Stormwater Management Office and secure written approval before a grading permit issues.

Stormwater pollution prevention plan requirement. No approval of a land development activity shall be issued until a stormwater pollution prevention plan (SWPPP) has been accepted in accordance with the specifications in this article. A grading permit shall not be issued until the SWPPP is approved in writing by the Town of Colonie.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4902401; v37 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Article XIV of the Town of Colonie Zoning Code sets the rules. Any land development activity under site plan or subdivision review must submit a SWPPP with the application; activities outside that review disturbing more than one acre must file a SWPPP directly with the Stormwater Management Office, and any project that increases impervious cover must submit plans for review. A grading permit will not issue until the Town approves the SWPPP in writing. Every plan needs, at minimum, an erosion and sediment control plan meeting the state Standards and Specifications for Erosion and Sediment Control and the Town's highway and drainage standards.

Projects disturbing one to five acres, disturbing five acres or more, or discharging to a DEC-listed impaired water or TMDL watershed must also submit a post-construction report on water quantity and quality controls, with a maintenance schedule and recorded easements; higher-risk projects require the SWPPP to be signed by a professional engineer, landscape architect, CPESC, or soil scientist. Ten activities are exempt from the permit step, including agricultural activity, routine maintenance disturbing under five acres, cemetery graves, and home gardening, though exempt work still must meet the article's design standards.

The Commissioner of Public Works enforces the article, requiring 48 hours' notice before key construction milestones and issuing written notices of violation, with 15 days to appeal. The Town can order a stop-work order, withhold a certificate of occupancy, and require a performance bond or letter of credit before construction begins.

Violations & Fines

A first offense carries a fine of up to $5,000 or up to six months in jail, or both. A second offense committed within five years of the first brings a fine of $350 to $10,000; a third or subsequent offense within that five-year window runs $700 to $15,000, with jail up to six months either way. Each week a violation continues counts as a separate violation, and the Town can withhold a certificate of occupancy until the site is restored.

Frequently Asked Questions

Does every construction project in Colonie need a SWPPP?
Not every project. A SWPPP is required if the work goes through site plan or subdivision review, disturbs more than an acre outside that review, or increases impervious ground cover. Small exempt activities like agricultural work, home gardening, or routine facility maintenance under five acres skip the permit step, but must still meet the article's design and erosion-control standards.
What happens if I skip the SWPPP and start grading?
The Town of Colonie will not issue a grading permit until the SWPPP is approved in writing, and the Commissioner of Public Works can issue a stop-work order and notice of violation. Continuing work counts as a fresh violation each week, and a first conviction carries a fine of up to $5,000 or up to six months in jail.
Who reviews and enforces Colonie's stormwater rules?
The Town of Colonie Stormwater Management Office reviews SWPPPs for projects outside site plan review, while the Commissioner of Public Works or a designee inspects sites, issues notices of violation, and can withhold a certificate of occupancy or require a performance bond until stormwater facilities are properly built and maintained.

Sources & Official References

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