Rochester, NY Environmental Rules: Stormwater Management (2026)

Part II of Article IV of Chapter 39, §§ 39-440 through 39-454, sets Rochester's post-construction stormwater management program, adopted to meet the NYSDEC's municipal separate storm sewer system (MS4) permit. Section 39-442 triggers the requirement for land disturbance activities that discharge to an impaired waterway, disturb five acres or more, disturb between one and five acres, excluding single-family home construction and farming, or are part of a larger common development plan even if individually smaller than an acre. A qualified professional must prepare a stormwater pollution prevention plan (SWPPP) under § 39-448, and it must be signed and sealed by a New York State licensed professional engineer certifying the design meets the New York State Stormwater Management Design Manual before the City will issue a building or grading permit or site plan approval.

The applicant must also employ a responsible individual to oversee daily SWPPP implementation and a qualified professional to inspect erosion and sediment controls, with inspection reports every seven days and within 24 hours of any storm producing half an inch of rain or more, copied to the City within five days of each month's end. Waivers are available for sites disturbing under an acre if the applicant shows the project will not impair the Part's objectives, but § 39-445(E) bars any waiver once disturbance reaches one acre.

Where the City requires a performance bond under § 39-454, the amount is the estimated construction cost of the stormwater practices plus 25%. The City or its designated agent may inspect stormwater facilities at any reasonable time under § 39-450, and privately owned facilities need a recorded maintenance agreement under § 39-449(C) before final plan approval.