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Ulster County, NY Environmental Rules: Stormwater Management (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Construction Threshold
1+ acre disturbance
DEC Permit
SPDES GP-0-20-001
MS4
Kingston, Ulster, Esopus
Watershed Rule
NYC DEP 18 NYCRR Part 18
Irene Impact
Enhanced Esopus buffers

Summary

Stormwater management in Ulster County is regulated by NYS DEC SPDES general permits and local MS4 programs in Kingston and urbanized towns. Construction disturbing 1 acre or more requires SWPPP under GP-0-20-001. The Ashokan Reservoir watershed enforces stricter standards under NYC DEP rules to protect unfiltered drinking water serving 9 million New Yorkers.

These county ordinances apply to unincorporated areas of Ulster County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

New York is rich in surface and groundwater resources. Article 17 titled "Water Pollution Control" of the 6 NYCRR PART 750 Environmental Conservation Law (ECL) was enacted to protect and maintain these valuable resources. Article 17 authorized creation of the State Pollutant Discharge Elimination System (SPDES) program to maintain New York's waters with reasonable standards of purity. The SPDES program is designed to eliminate the pollution of New York waters and to maintain the highest quality of water possible, consistent with: Public health. Public enjoyment of the resource. Protection and propagation of fish and wildlife. Industrial development in the state. New York's SPDES program has been approved by the United States Environmental Protection Agency for the control of surface wastewater and stormwater discharges in accordance with the Clean Water Act; however, the SPDES program is broader in scope than that required by the Clean Water Act as it controls point source discharges to groundwaters as well as surface waters. Determine if you need a permit Regulated Activities New York State law requires a permit for: Constructing or using an outlet or discharge pipe (referred to as a "point source") that discharges wastewater into the surface waters or ground waters of the state. Constructing or operating a disposal system such as a sewage treatment plant. Permits are also required for modifying, transferring, and renewing your permit.

Source: NYS DEC SPDES ConstructionView official code

Full Breakdown

NYS DEC SPDES General Permit GP-0-20-001 requires a Stormwater Pollution Prevention Plan (SWPPP) for any construction disturbing 1 acre or more (or less if part of a larger common plan). Notice of Intent (NOI) must be filed with DEC before ground disturbance. SWPPPs must follow the NYS Stormwater Management Design Manual and include erosion/sediment controls during construction and post-construction runoff reduction. MS4 communities (City of Kingston, Town of Ulster, Town of Esopus as census-designated urbanized areas) operate under SPDES MS4 General Permit GP-0-15-003 requiring public education, illicit discharge detection, construction site runoff control, and post-construction stormwater management.

Municipalities pass local stormwater laws with plan review and inspection. NYC DEP Watershed Rules (18 NYCRR Part 18) apply in Shandaken, Olive, Hardenburgh, and Denning: stricter standards for subsurface sewage, stormwater, and impervious surfaces to protect the Ashokan and related reservoirs serving 9 million New Yorkers with unfiltered water. Any new development exceeding 2 acres or approaching a watercourse requires DEP Stormwater Pollution Prevention Plan review in addition to NYS SWPPP. DEC and DEP inspections enforce compliance. Post-Hurricane Irene (2011), Ulster towns in the Esopus corridor enhanced stormwater requirements including buffer protection and culvert sizing.

Violations & Fines

SPDES violations: civil penalties up to $37,500 per day per ECL §71-1929. NYC DEP Watershed violations: up to $10,000 per day under 18 NYCRR Part 18. Failure to implement SWPPP controls during construction: DEC stop-work orders and restoration orders. Illicit discharges to MS4 storm drains: additional criminal liability under ECL Article 17.

Frequently Asked Questions

Do I need a SWPPP for my project?
If you will disturb 1 acre or more of soil (or less if part of a common plan of development), yes. File a Notice of Intent with DEC and develop a SWPPP signed by a licensed professional.
What if my property is in the Ashokan watershed?
Projects in Shandaken, Olive, Hardenburgh, or Denning must comply with NYC DEP Watershed Rules in addition to NYS DEC requirements. DEP may require a Stormwater Pollution Prevention Plan and pre-construction inspection.
Why does Kingston have extra stormwater rules?
Kingston and urbanized parts of the Town of Ulster/Esopus are regulated MS4 communities under federal Clean Water Act, requiring local stormwater laws and plan review for all development.

Sources & Official References

Other rules in Ulster County

All Ulster County rules

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