Tonawanda, NY Environmental Rules: Stormwater Management (2026)
Key Facts
- Applies to
- Construction activity outside Village of Kenmore
- Plan required
- Approved SWPPP before any review
- Drainage duty
- Owners must keep drainage courses unobstructed
- Extra controls
- Required at 5+ acres disturbed
- Notice inspections
- 48 hours before construction milestones
- First-offense fine
- $350 or up to 6 months jail
Summary
Chapter 73 of the Town of Tonawanda Code applies to construction activity, outside the Village of Kenmore, that disturbs land and increases stormwater runoff. Property owners must keep natural drainage courses clear, and no construction project can move forward until the Stormwater Management Officer receives an approved stormwater pollution prevention plan (SWPPP) covering erosion, sediment and runoff controls.
This chapter shall be applicable to all construction activities, as defined in § 73-7 of this chapter that occur in the area of the Town of Tonawanda, excluding the Village of Kenmore. ... Each owner and occupant of property in the Town of Tonawanda shall keep any natural drainage course on such property clear and unobstructed. No such owner or occupant shall cause or permit the inhibition, alteration or obstruction of any natural drainage course without first obtaining approval of the Town Board of the Town of Tonawanda. ... No application for approval of a construction activity shall be reviewed until the SMO has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter. ... 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 for conviction of a first offense ...
Full Breakdown
Adopted November 19, 2007 as Local Law No. 9-2007, Chapter 73 regulates construction activities across the Town of Tonawanda outside the Village of Kenmore, implementing the state's SPDES general permits for municipal separate storm sewer systems and construction activity. Section 73-4 requires every owner and occupant to keep natural drainage courses, meaning any stream, ditch, culvert or watercourse other than a sewer, clear and unobstructed, and bars altering or obstructing one without Town Board approval. The Town Board appoints a Stormwater Management Officer (SMO) to accept and review stormwater pollution prevention plans (SWPPPs) for any construction activity requiring one.
Under § 73-8, no application for a construction activity can be reviewed until the SMO receives a SWPPP that meets the chapter's specifications, and larger or more sensitive projects, such as those disturbing five or more acres or discharging to an impaired waterway, must also include postconstruction water quantity and quality controls. A handful of activities are exempt, including agriculture, routine maintenance disturbing under five acres, home gardening, and construction already approved before the chapter took effect. The SMO can inspect a site before, during and after construction, requiring 48 hours' notice for milestones like the start of construction or completion of grading, and can demand as-built plans certified by a licensed professional once a stormwater facility is finished.
Violations bring a written notice of violation, appealable within 15 days, and the Town of Tonawanda may withhold a certificate of occupancy or require restoration of disturbed land.
Violations & Fines
Starting construction without an SMO-approved SWPPP, obstructing a natural drainage course without Town Board approval, or ignoring a stop-work order under § 73-11 violates Chapter 73. A first offense carries a fine of $350 or up to six months in jail; a second offense within five years runs $350 to $700, and a third within five years runs $700 to $1,000, with each week of continued violation a separate offense.
Frequently Asked Questions
Do I need a stormwater plan to build in the Town of Tonawanda?
Who enforces the stormwater ordinance?
What is the penalty for a stormwater violation?
Are small residential projects exempt from the stormwater rules?
Sources & Official References
Other rules in Tonawanda
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