Union, NY Environmental Rules: Stormwater Management (2026)
Key Facts
- Plan required
- SWPPP before any land development application is reviewed
- Condition B
- Land development disturbing five or more acres
- Condition C
- Disturbing between one and five acres, excluding single-family homes
- Watercourse permit
- Required to fill, pave or redirect a drain, ditch or stream
- Drainage appeal
- 30 days to appeal a refusal to the Town Board
- Drainage penalty
- Fine not exceeding $250 or 15 days, each offense
Summary
Town of Union Code § 171-7 adds postconstruction stormwater runoff controls to the SWPPP when a project discharges to an impaired water, disturbs five or more acres, or disturbs between one and five acres, with single-family homes and agricultural sites excluded from the last group. Chapter 102 separately requires a permit before anyone fills or redirects a drain, ditch or stream in the Town of Union outside the Villages of Endicott and Johnson City.
(2) Land development activities as defined in § 171-6 of this chapter and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Section B(3) below as applicable: (a) Condition A: Stormwater runoff from land development activity(ies) discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (b) Condition B: Stormwater runoff from land development activity(ies) disturbing five or more acres. (c) Condition C: Stormwater runoff from land development activity(ies) disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
Full Breakdown
Chapter 171 requires a Stormwater Pollution Prevention Plan (SWPPP) before any land development application is reviewed. The quoted § 171-7B(2) sorts projects into three conditions that trigger water quantity and water quality controls. Condition A covers runoff discharging a pollutant of concern to an impaired water on the DEC 303(d) list or into a TMDL watershed. Condition B covers projects disturbing five or more acres. Condition C covers projects disturbing between one and five acres, exclusive of single-family residences and agricultural construction. Section 171-7B(3) then adds a description and site map of each postconstruction practice, a hydrologic and hydraulic analysis, a comparison of post-development with predevelopment runoff, recorded maintenance easements that stay in effect with transfer of title, and an inspection and maintenance agreement binding on later landowners. For Condition A the plan must be prepared and signed by a landscape architect, certified professional or professional engineer.
The Stormwater Management Officer accepts and reviews plans under § 171-4B and can rely on a licensed professional's certification. After construction, § 171-9C makes the owner or operator of each permanent stormwater practice responsible for operation and maintenance. Section 171-9D requires a Town-approved maintenance agreement recorded with the County Clerk as a deed restriction before final plan approval. Section 171-10B requires "as built" plans certified by a professional engineer, and § 171-11 lets the Town require a performance bond, cash escrow or letter of credit that stays in force for not less than one year from final acceptance.
Drainage is its own chapter. Section 102-1 makes it unlawful to stop, fill up, confine, pave, allow obstructions to accumulate in, or change the course of any drain, ditch, stream or watercourse without a permit from the Director of Services or other authorized Town official. The application carries plans prepared by a licensed engineer or surveyor and is filed in triplicate. A refusal comes in writing within 30 days, and the applicant has 30 more days to appeal to the Town Board. The Town Engineer needs 24 hours' notice before work starts, and the fee is set by Town Board resolution plus the actual cost of material tests and inspection time.
Violations & Fines
A Chapter 171 violation under § 171-13D is punishable by a fine not exceeding $350 or up to six months, or both, for a first offense, rising to $350 to $700 for a second offense and $700 to $1000 for a third or later offense within five years. Under § 102-6 a drainage violation carries a fine not exceeding $250 or not more than 15 days, or both, and each day after notification is a separate offense.
Frequently Asked Questions
Which projects need postconstruction stormwater controls?
Do I need a permit to change a ditch or stream on my lot?
Who maintains a stormwater basin after construction?
What if my drainage permit is refused?
Sources & Official References
Other rules in Union
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