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Oyster Bay, NY Environmental Rules: Stormwater Management (2026)

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

Key Facts

Adopted
June 6, 2018, L.L. No. 6-2018
Trigger threshold
1 acre of land disturbance
Enforcing officer
Stormwater Management Officer (DPW Commissioner)
First-offense fine
Up to $350
Repeat-offense fine
Up to $1,000 (3rd offense)
Jail exposure
Up to 6 months

Summary

Oyster Bay requires a Stormwater Pollution Prevention Plan for any land-disturbing activity of one acre or more before the Stormwater Management Officer will sign off, under Chapter 204, adopted in 2018. Violations are misdemeanors carrying escalating fines up to $1,000 for repeat offenses within five years.

Land development activities as defined in § 204-6 of this chapter... In addition, or in place of, any penalty provided herein or otherwise provided by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, upon conviction of a first offense. A conviction for a second offense, committed within five years of a conviction for a first offense, shall be punishable by a fine not exceeding $700... A conviction for a third or subsequent offense, committed within five years of all previous convictions for violation of this chapter, shall be punishable by a fine not exceeding $1,000... Each week's continued violation shall constitute a separate and additional violation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

L. No. 6-2018), regulates "land development activity," defined in § 204-6 as construction, clearing, grading, excavating or fill that disturbs one acre or more, or a smaller disturbance that is part of a larger common plan of development. Section 204-4 designates a Stormwater Management Officer, identified in § 204-6 as the Commissioner of the Department of Public Works or a designee, who accepts and reviews every Stormwater Pollution Prevention Plan (SWPPP), may hire a registered professional engineer to review plans at the applicant's cost, or accept a licensed professional's certification of compliance.

Section 204-5 exempts agricultural activity, routine maintenance disturbing under five acres, fence and utility pole installation, home gardening, and subdivisions or building permits already approved before the chapter's effective date. The chapter separately requires phasing plans limiting the maximum disturbed area at one time (§ 204-7) and, for qualifying projects, permanent post-construction water quality and quantity controls (§ 204-9). The Town can also require a performance bond, cash escrow or irrevocable letter of credit before construction begins to guarantee both completion and long-term maintenance of stormwater facilities (§ 204-12).

This chapter works alongside Chapter 181, Prohibition of Illicit Discharges, Activities and Connections to Separate Storm Drain System, which separately bars non-stormwater discharges into the Town's municipal storm sewer system.

Violations & Fines

Under § 204-13, the Town may issue a written notice of violation and a stop-work order halting all land development activity until the violation is corrected. Any violator is guilty of a misdemeanor punishable by a fine of up to $350 for a first offense, up to $700 for a second offense within five years, and up to $1,000 for a third or subsequent offense within five years, plus up to six months imprisonment for any offense; each week of continued violation is a separate offense. The Stormwater Management Officer may also withhold a certificate of occupancy, and unrestored land can result in a lien on the property for the Town's cleanup costs.

Frequently Asked Questions

When does Oyster Bay require a stormwater permit for construction?
Section 204-6 defines a regulated land development activity as clearing, grading, excavating or filling that disturbs one acre or more, or a smaller disturbance that is part of a larger common plan of development, and § 204-4 requires a Stormwater Pollution Prevention Plan for those projects.
Who reviews stormwater plans in Oyster Bay?
The Stormwater Management Officer, defined in § 204-6 as the Commissioner of the Department of Public Works or a designee, accepts and reviews every SWPPP and may hire a registered professional engineer to check the plans at the applicant's expense before forwarding them to the applicable municipal board.
Is my home garden or small landscaping job exempt from Chapter 204?
Yes. Section 204-5 exempts home gardening for personal or family use and landscaping or horticultural activities connected to an existing structure, along with routine maintenance disturbing less than five acres and several other listed activities.
What are the penalties for violating Oyster Bay's stormwater law?
Section 204-13 sets fines up to $350 for a first offense, $700 for a second offense within five years, and $1,000 for a third offense within five years, each with up to six months imprisonment, and lets the Town issue a stop-work order and withhold a certificate of occupancy.

Sources & Official References

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