Silt fence is the easy part. The plan is the approval.
In New Jersey the silt fence is one line on a certified erosion plan, and the plan is what decides it. Here is when the Soil Erosion and Sediment Control Act requires one, what counts as disturbance, and which district certifies it.
Any New Jersey project that disturbs more than 5,000 square feet of soil, about an eighth of an acre, is a project under the Soil Erosion and Sediment Control Act. It needs a plan certified by the county Soil Conservation District, which has 30 days from a complete application to grant or deny it. Silt fence and the other erosion controls are the field measures written into that plan. Clearing and grading for agricultural or horticultural purposes is excluded, and so is a single-family house unless it is part of a larger application covering two or more homes.
What the rule measures
Measure the disturbance, not the house
The number is the ground that gets disturbed, and the statute counts more than digging. Clearing, grading, filling, stockpiles and the machine tracks that cross open soil all add to it. A project that feels small can cross 5,000 square feet on the paperwork alone.
Check the two exclusions
Clearing or grading for agricultural or horticultural purposes is outside the Act. So is a single-family house, unless it is part of a larger application covering two or more homes. Neither exclusion is a blanket one. Check which applies before you rely on it.
Find your county's district
The plan is certified by the Soil Conservation District that covers your county, not by your town and not by NJDEP. The table below lists the districts for the counties we work in.
Put the silt fence on the plan
Where the fence goes and how the disturbed ground is protected belong on the plan the district certifies. A fence put up from memory is not a substitute for the plan.
Allow for the review window
The district has 30 days from a complete application to grant or deny certification. It can be extended by another 30 days if the district and the applicant agree in writing. That is a reason to start the paperwork before the schedule needs the ground open.
The rules at a glance
Every row below is taken from the statute, the NJDA program page, or the NJDEP stormwater FAQ. Where the statute states an exclusion, it is stated with the rule rather than left for a reader to find.
| Question | Answer | Source |
|---|---|---|
| When does a project need a certified erosion plan? | When it is a project under the Act, meaning any disturbance of more than 5,000 square feet of the surface area of land. That is about an eighth of an acre, and most site work crosses it. | N.J.S.A. 4:24-39 et seq. |
| What counts as disturbance? | Any activity involving the clearing, excavating, storing, grading, filling or transporting of soil. Stockpiles, drainage work and the access tracks the machines cut all count, not only the area you picture as the job. | N.J.S.A. 4:24-39 et seq. |
| Who certifies the plan? | The county Soil Conservation District. The NJDA directory maps each district to its counties, and the table below pulls the ones for our service area. | NJ Department of Agriculture: New Jersey Soil Conservation Districts |
| How long does the district take? | The district shall grant or deny certification within 30 days of a complete application. Extension by another 30 days is possible only by written agreement. | N.J.S.A. 4:24-39 et seq. |
| Is a single-family house exempt? | The Act says construction of a single-family dwelling unit is not a project, unless it is part of a larger application covering two or more such units. One house on its own is often outside the Act. The same house inside a subdivision or a multi-home application is not. | N.J.S.A. 4:24-39 et seq. |
| Is agricultural clearing exempt? | Clearing or grading for agricultural or horticultural purposes is outside the Act. The exclusion is tied to those purposes, so clearing for a building lot or a driveway is not covered by it just because the land was farmed before. | N.J.S.A. 4:24-39 et seq. |
| Is stormwater the same rule? | No. Stormwater management is a separate test under N.J.A.C. 7:8, with its own thresholds for area and impervious surface. A project can need an erosion plan and no stormwater approval, or the reverse. | NJDEP Stormwater Rule FAQs (N.J.A.C. 7:8) |
Sources: N.J.S.A. 4:24-39 et seq., Soil Erosion and Sediment Control Act · NJ Department of Agriculture: Soil Erosion and Sediment Control Program · NJDEP Stormwater Rule FAQs (N.J.A.C. 7:8). Last reviewed 2026-10-13.
Where the silt fence fits
Silt fence is a barrier of filter fabric on posts, set along the low edge of disturbed ground to hold soil on the site while water moves through. It is one of several erosion controls a plan can call for. The plan decides where it goes, how the disturbed ground is protected around it, and how the area is stabilized once the work is done. The exact fabric, post spacing, fence height and inspection schedule are set by the plan and the district, and this page does not restate them.
Who certifies the plan in our service counties
The district is set by county, and some districts cover two or more counties. This table is copied from the NJDA directory. Where a county is not listed here, the directory is the source of truth.
| County | District | Phone |
|---|---|---|
| Bergen | Bergen | 201-261-4407 |
| Hunterdon | Hunterdon | 908-788-9466 |
| Morris | Morris | 973-285-2953 |
| Passaic | Hudson-Essex & Passaic | 862-333-4505 |
| Somerset | Somerset Union | 908-526-2701 |
| Sussex | Upper Delaware | 908-852-2579 |
| Warren | Upper Delaware | 908-852-2579 |
Full directory with addresses: NJ Soil Conservation Districts by county, or the NJDA directory. Districts on file: 13.
What we do, and what we do not
We are an excavation and grading contractor. We build to the certified plan, install the erosion controls it calls for, deal with the district on the ground, and handle the erosion control and restoration of the disturbed ground.
We do not write the plan. Plans are developed by engineers or architects, and the district certifies them. If you do not have one yet, we will tell you what the job needs and who should draw it. Related work: excavation, grading & drainage, land clearing, and driveway drainage.
What customers say about this work
James and the crew at JWSR LLC were outstanding from start to finish. They handled our excavation and drainage project professionally and left the property cleaner than when they arrived. They show up, do what they promise, and take pride in their work.
I've been using JWSR for several years and every job was completed professionally and accurately. Whether it was grading, installing a foundation for a generator, or trenching, they did a great job and honored the quoted price.
Common questions
Do I need a certified erosion plan for a silt fence?
The fence is not what triggers the plan. The disturbance is. Once a project disturbs more than 5,000 square feet of soil, the Soil Erosion and Sediment Control Act requires a plan certified by your county Soil Conservation District, and the erosion controls go on that plan. Below the threshold, the Act does not require a certified plan. Confirm with your town before assuming nothing else applies to the job.
Can I just put up silt fence and skip the plan?
Not on a project over the threshold. Silt fence is one measure inside the plan, and a fence installed without a certified plan does not meet the Act's requirement on its own. Below the threshold the Act does not apply, but that is a question for your town rather than a reason to guess.
Who certifies the erosion plan in my county?
The Soil Conservation District for your county, not your municipality and not NJDEP. Some districts cover more than one county, so the county name alone does not always tell you the office. The table on this page lists the district for each county in our service area, and the NJDA directory has the rest.
How long does certification take?
The district has 30 days from a complete application to grant or deny. A longer window is possible only if the district and the applicant agree in writing. That is the statutory window, not a service promise, so it belongs at the start of the schedule rather than the middle.
Does a one-family house need a plan?
Usually not, if it is a single house on its own. The Act says a single-family dwelling unit is not a project unless it is part of a larger application covering two or more such units. A house inside a subdivision, or one that is part of a multi-home application, is treated differently. Check the specifics with the district before you assume.
Do you write the erosion plan?
No. Plans are developed by engineers or architects, not the excavation crew. We build to the certified plan and deal with the district on the ground. If you do not have a plan yet, we will tell you what the job needs and who should draw it, rather than guessing at the controls.
Three steps, no runaround
Call or send the form
Reach a real person at 862-268-2510, or tell us about the job online. Emergencies jump the line.
Free on-site estimate
We look at the ground, tell you straight what it needs, and give you a fair, upfront price.
We do the work
Markouts and permits handled. We dig, backfill, restore, and walk the finished job with you.
Serving northern & central New Jersey
Starting a job over 5,000 square feet?
Tell us the size and the site. We will tell you whether the plan applies and who certifies it, before the schedule depends on it.