New Jersey Statewide Rule
New Jersey Soil Erosion and Sediment Control Act
Key Facts
- Statute
- N.J.S.A. 4:24-39
- Threshold
- 5,000 square feet
- Certifying body
- Soil Conservation District
- Max fine
- $3,000 per violation
Summary
The New Jersey Soil Erosion and Sediment Control Act gives Soil Conservation Districts uniform statewide authority to certify erosion plans for projects disturbing 5,000 square feet or more of land.
4:24-42. Standards for control of soil erosion and sedimentation; promulgation, amendment and repeal The committee shall have the power, subject to the approval of the Secretary of Agriculture and the Commissioner of Environmental Protection, to formulate, promulgate, amend and repeal standards for the control of soil erosion and sedimentation, pursuant to the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.). a. Such standards shall be based upon relevant physical and developmental information concerning the watersheds and topography of the State, including, but not limited to, data relating to land use, soil, slope, hydrology, geology, size of land area being disturbed, proximate water bodies and their characteristics. b. Such standards shall include criteria, techniques and methods for the control of erosion and sedimentation resulting from land disturbing activities for various categories of soils, slopes, and land uses.
Full Breakdown
Under N.J.S.A. 4:24-39 et seq., any project disturbing 5,000 square feet or more of land must obtain a soil erosion and sediment control plan certification from the local Soil Conservation District before construction. Plans must meet the New Jersey Standards for Soil Erosion and Sediment Control. Municipalities cannot issue building permits for covered projects until the District certifies the plan, creating a uniform statewide review process that local rules cannot bypass.
Violations & Penalties
Penalties include fines up to $3,000 per violation, stop-work orders, and required restoration of disturbed soil.
Frequently Asked Questions
When do I need an erosion control certification in NJ?
Who issues the erosion control certification?
Sources
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