NYSDOT and the New Brunswick, Canada, DOT outline the following practices for disposal of spoil or excavated material.[N] [N]

• Employees should not allow inert fill to erode or wash into a wetland or classified body of water. Spoil material should not be disposed of within 30 meters (legally 100 feet) of wetlands, within 15 meters (50 feet) of stream bank or within the floodway, whichever is greater, or in floodplains. Wetlands or streams may not be altered or filled without first obtaining permits from appropriate regulatory agencies. Consult with DOT environmental staff if such a permit is needed.
• Spoil material is not disposed of on forest preserve lands or on prime agricultural land.
• Spoil material is not disposed of in the vicinity of historic resources or archaeological sites.
• Disposal areas should be located carefully, taking into consideration of the siting constraints. Disposal areas should not be located so as to block natural drainage. Disposal areas should be located no closer than 100 feet from a watercourse and where runoff from the disposal area cannot enter a watercourse or cause siltation of the watercourse. Additional setback requirements may apply in protected watersheds and designated groundwater protection areas, or may be warranted by site-specific conditions.
• Spoil material is not disposed of in visually-sensitive areas or in other environmentally-sensitive areas.
• Spoil material is not disposed of outside ROW, unless appropriate permits are in place.
• Spoil areas are graded and shaped to blend with the landscape and then re-seeded and mulched to prevent erosion.
• Spoil material is placed in an upland area (away from streams or wetlands), and then seed and mulch the spoil pile.
• Approved areas for filling should be marked by stakes or other markings, and appropriate erosion and sedimentation controls should be used. Filled areas should be graded and stabilized by seeding and/or other appropriate methods when filling is complete. Interim or seasonal stabilization should be used if filling occurs over an extended period.
• Fill that has been contaminated with oil, gasoline or other chemicals should not be used. Sediment from ditches and culverts does not need to be tested unless it smells like fuel, solvents, or sewage, or is mixed with roadside trash. Any material suspected of contamination should be reported promptly.
• Established fishing pools should never be filled in.
• Contractors should obtain permission from the property owners on whose land they wish to place disposal areas.
• Maintenance facility managers should prevent erosion of the fill slopes at their facilities and ensure erosion and sediment controls are properly implemented and maintained.

The Montana Department of Transportation recommends the following practices for stockpiling of DOT maintenance materials: [N]

• Develop site plans for areas adjacent to or near riparian areas to identify erosion and sediment control needs, and to ensure stability of the material.
• Do not stockpile material in-lieu of appropriate disposal.