Pottstown, PA Environmental Rules: Stormwater Management (2026)
Key Facts
- Governing law
- Chapter 9, Part 2, MS4 Stormwater Management Ordinance
- Permit required
- Approved SWM site plan before work begins
- Exemption threshold
- Earth disturbance under 1,600 square feet
- Maximum fine
- $1,000 per violation, each day separate
- Appeal deadline
- 30 days to Borough, then 30 days to court
- Enforcing office
- Borough of Pottstown (municipality)
Summary
Pottstown regulates stormwater runoff under the Borough of Pottstown MS4 Stormwater Management Ordinance, Chapter 9, Part 2. Any regulated earth-disturbance or land-development activity needs Borough approval of a stormwater management (SWM) site plan before work begins, unless the disturbance is smaller than 1,600 square feet. Violators face summary-offense fines and the approved plan must stay on site throughout construction.
This Part 2 shall be known and may be cited as the "Borough of Pottstown MS4 Stormwater Management Ordinance." ... For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 9-222: ... Preparation and implementation of an approved SWM site plan is required. ... No regulated activities shall commence until the municipality issues written approval of an SWM site plan, which demonstrates compliance with the requirements of this Part 2. ... Anyone violating the provisions of this Part 2 shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense, and penalties shall be cumulative.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 5012545; v22 updated 2026-07-13; through 07-13-2026).
Full Breakdown
Chapter 9, Part 2 was relocated without amendment from former Chapter 26, Part 2, and now governs every 'regulated activity' affecting stormwater runoff in the Borough, including land development and earth-disturbance work covered by the Zoning Ordinance (Chapter 27) and the Subdivision and Land Development Ordinance (Chapter 22). Section 9-221 requires a Borough-approved SWM site plan before any regulated activity commences, and that approved plan has to remain on site for the whole job. Design has to meet Title 25 of the Pennsylvania Code, the Clean Streams Law and the Storm Water Management Act (Act 167), and the Borough may approve alternative measures only after consulting the Pennsylvania Department of Environmental Protection.
Section 9-222 exempts regulated activities that disturb less than 1,600 square feet from the volume- and rate-control requirements of §§ 9-223 and 9-224, and separately exempts agricultural and forest-management or timber operations that follow 25 Pa. Code Chapter 102. The Borough reviews and approves plans under §§ 9-231 through 9-237, requires completed operation-and-maintenance agreements for installed best-management practices under § 9-242, and can require a performance guarantee under § 9-243. Roof drains, sump pumps and other prohibited discharges into the storm system are addressed under §§ 9-261 and 9-262.
Section 9-273 gives the Borough enforcement authority and § 9-274 lets it suspend or revoke an approval, on top of the right-of-entry and inspection powers in §§ 9-271 and 9-272. Anyone aggrieved by a Borough decision can appeal to the Borough within 30 days under § 9-276, and then to the Montgomery County Court of Common Pleas within another 30 days.
Violations & Fines
Violating any provision of Chapter 9, Part 2 is a summary offense under § 9-275, punishable by a fine of up to $1,000 per violation plus costs of prosecution, and each day the violation continues counts as a separate offense with penalties that add up. The Borough can also seek an injunction, a writ of mandamus, or any other court order to force compliance, on top of the fine.
Frequently Asked Questions
Do I need a stormwater permit for a small home project in Pottstown?
What law covers stormwater management in the Borough of Pottstown?
What happens if I start grading without an approved SWM site plan?
Can I appeal a Borough decision on my stormwater plan?
Sources & Official References
Other rules in Pottstown
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