Oyster Bay, NY Environmental Rules: Stormwater Management (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.
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?
Who reviews stormwater plans in Oyster Bay?
Is my home garden or small landscaping job exempt from Chapter 204?
What are the penalties for violating Oyster Bay's stormwater law?
Sources & Official References
Other rules in Oyster Bay
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