By Bennett's Concrete and Excavation, Norwich, NY. Updated October 2026.
The one acre rule
The New York State Department of Environmental Conservation requires coverage under its Construction General Permit for construction activities that disturb one or more acres of soil.
Smaller thresholds in some places
In the New York City East of Hudson watershed, the threshold drops to 5,000 square feet. That doesn't apply in Central New York, but some towns have their own stormwater rules.
What it means in practice
Projects over the threshold need a stormwater pollution prevention plan and erosion controls like silt fence. Smaller jobs still benefit from keeping soil on site: stabilize bare ground with seed and mulch and don't push dirt into ditches or streams.
Ask early
Check with your town or village code office before a large site project. We're happy to help you figure out what to ask.
