Colonie, NY Environmental Rules: Stormwater Management (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.
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?
What happens if I skip the SWPPP and start grading?
Who reviews and enforces Colonie's stormwater rules?
Sources & Official References
Other rules in Colonie
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Stormwater Management in Nearby Cities
How other cities in Albany County handle stormwater management.