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Hudson, NH Environmental Rules: Stormwater Management (2026)

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

Key Facts

Enforcing body
Planning Board and Town Engineer
Plan required
Stormwater Management and Erosion Control Plan
Trigger threshold
disturbed area over 20,000 sq ft
Critical area trigger
within 50 ft of a stream/bog/water body
First-offense penalty
$275 civil penalty (§ 290-12)
Repeat-offense penalty
$550 per day (§ 290-12)

Summary

Hudson's Planning Board regulates land-disturbing development under Chapter 290, Stormwater Management, requiring a Stormwater Management and Erosion Control Plan for any project disturbing more than 20,000 square feet, working in a wetlands buffer, or touching a defined critical area. Violations draw daily civil penalties up to $550.

§ 290-3. Applicability Thresholds for a Stormwater Management and Erosion Control Plan. A. The APPLICANT shall prepare and submit a STORMWATER MANAGEMENT AND EROSION CONTROL PLAN (SMECP) to the PLANNING BOARD and TOWN ENGINEER for any tract of land being proposed for development, redevelopment or subdivided within the boundaries of the Town of Hudson, where one or more of the following conditions are proposed: (1) A cumulative disturbed area exceeding 20,000 square feet. § 2 ... 90-12. ... Enforcement; violations and penalties. ... (4) The following note: Any person who violates any of the provisions of this title ... shall be subject to a civil penalty of $275 for the first offense, and $550 for subsequent offenses, for each day that such violation is found to continue after the conviction date or after the date on which the violator receives written notice from the municipality that the violator is in violation, whichever is earlier. Each day that a violation continues shall be a separate offense.

Full Breakdown

6 alongside the New Hampshire Stormwater Manual. Section 290-3 requires an applicant to submit a Stormwater Management and Erosion Control Plan (SMECP) to the Planning Board and Town Engineer whenever a proposed development, redevelopment or subdivision crosses any one of several thresholds: a cumulative disturbed area exceeding 20,000 square feet, work within an applicable wetlands buffer or adjacent wetlands, or any disturbance within a defined 'critical area,' meaning land within 50 feet of a stream, bog or water body, disturbed areas over 2,000 square feet in highly erodible soils, or disturbances longer than 25 feet on slopes steeper than 10% (§ 290-2).

The regulation sets post-construction and construction-phase standards (§§ 290-5, 290-6), requires inspection and maintenance plans (§ 290-9), and where its standard conflicts with another Town, state or federal rule, the more restrictive standard controls under RSA 676:14 (§ 290-1D). Enforcement runs through the Town Engineer, who issues a written Notice of Violation and Cease and Desist Order by certified mail when site conditions breach the regulation or an approved plan, and who can escalate to Superior Court injunctive relief or a revoked subdivision, site plan or building permit approval if the owner doesn't correct the violation within the stated time frame (§ 290-12).

Violations & Fines

A stormwater violation is a misdemeanor for an individual and a felony for any other violator, on top of a civil penalty of $275 for a first offense and $550 for each subsequent offense, charged per day the violation continues after conviction or after written notice, whichever comes first (§ 290-12). The Town can also recover its litigation costs and attorney's fees if it prevails in court.

Frequently Asked Questions

When does a Hudson, NH project need a stormwater plan?
Whenever disturbed area exceeds 20,000 square feet, work touches a wetlands buffer or adjacent wetlands, or the site includes a 'critical area' such as land within 50 feet of a stream or bog. Section 290-3 requires a Stormwater Management and Erosion Control Plan filed with the Planning Board and Town Engineer in any of those cases.
What happens if a Hudson developer violates the stormwater regulation?
The Town Engineer issues a written Notice of Violation and Cease and Desist Order by certified mail. If the owner doesn't correct it in time, the Town can pursue Superior Court injunctive relief, revoke the subdivision or site plan approval, and collect a civil penalty of $275 for a first offense and $550 per day after that under § 290-12.
Who enforces Hudson's stormwater rules?
The Town Engineer and the Planning Board administer Chapter 290 under the Town's EPA MS4 permit; the Community Development Department can also revoke a building permit or certificate of occupancy tied to a noncompliant project.

Sources & Official References

Other rules in Hudson

All Hudson rules

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