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Sudbury staff propose review of Earth Removal By-law to reduce duplicative permitting

Town of Sudbury Zoning Board of Appeals and Earth Removal Board (joint meeting) · February 2, 2026
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Summary

Town planning staff told boards that the Earth Removal By-law may be outdated and administratively burdensome; they proposed researching thresholds and other towns' approaches (examples cited: 1,500'5,000 cubic yards) and drafting revisions for possible Town Meeting consideration in 2027 while retaining ERB oversight for larger projects.

At the Feb. 2 joint meeting, Director of Planning and Community Development Adam Burney told the Zoning Board of Appeals and the Earth Removal Board that the town's Earth Removal By-law may not reflect current permitting practices and could be administratively duplicative with stormwater, site-plan and state environmental regulations.

Burney noted that the by-law currently requires an earth removal permit whenever soil is removed from a site (with an exception for normal single-family home building permits) and that the ERB is a five-member board that requires four members for a quorum. Staff suggested several options to streamline review: add a cubic-yard threshold for when an ERB permit or hearing is required, reduce board membership or quorum requirements, or fold earth removal review into other permitting processes.

Board members, including ERB Chair Jonathan Patch and members Alexander Dorjets and Kirsten Roopenian, said ERB expertise remains valuable for larger or complex projects, such as a rail-trail, but agreed that many smaller removals might not require a full hearing. Burney proposed researching other communities' bylaws and thresholds (the minutes cite examples of 1,500 to 5,000 cubic yards in other towns) and drafting proposed changes for potential Town Meeting consideration, possibly in 2027. Jonathan Patch and other board members offered to collaborate on the research and drafting.

No formal vote was recorded on by-law changes at the meeting; the action recorded was direction to staff to research models and prepare draft language for future consideration.