Stormwater Permit For Construction Activity

On this page

Stormwater Permit For Construction Activity

Throughout New York State, before commencing construction, the owner or operator of construction activities that will involve soil disturbance of one or more acres must obtain coverage under the State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity, succinctly referred to as the Construction General Permit (CGP). Alternatively, the owner or operator of such construction activities must obtain coverage under an individual SPDES permit.

In the New York City East of Hudson watershed, this requirement also applies to construction activities that will disturb 5,000 square feet or more, but less than one acre of land. 

In the municipal boundaries of the City of New York (NYC), this requirement also applies to construction activities that will disturb 20,000 square feet or more, but less than one acre of land, including less than 20,000 square feet which are part of a common plan of development or sale that will ultimately disturb 20,000 square feet or more, but less than one acre.

In the municipal boundaries of NYC, this requirement also applies to construction activities that create 5,000 square feet or more of impervious area.

Some exceptions to the requirements exist for agricultural projects, certain silvicultural projects, and routine maintenance activities.

See the Construction Stormwater Toolbox webpage for Technical Requirements and their Supplemental Documents, Technical Tools, and Training & Certification Information.

See the State Pollutant Discharge Elimination System (SPDES) Permit Program webpage, Table 1 for SPDES General Permit Fees, for annual and one time initial authorization fees associated with the CGP.

Permit Document

Supplemental Documents

Obtaining Continued Coverage from GP-0-20-001 to GP-0-25-001

The currently effective iteration of the CGP is GP-0-25-001, and the previous iteration was GP-0-20-001. Owners or operators that had active coverage under GP-0-20-001 have 45 calendar days of interim coverage under GP-0-25-001. To obtain continued coverage beyond the interim coverage period, owners or operators that had active coverage under GP-0-20-001 must, within 30 calendar days of the effective date of GP-0-25-001, submit a Request to Continue Coverage form to NYSDEC through the DEC nForm Portal in accordance with Part I.F. of the Permit Document. Users must be registered with NY.gov to use this system.

  • User guides and help on registering for the portal are available on the NYSDEC nForm Information webpage. 
  • Required Request to Continue Coverage form attachment (note that this form is available to download directly from the Request to Continue Coverage form in the DEC nForm Portal):

Process of Gaining and Terminating Permit Coverage

To gain coverage under the Permit (Permit Document) and subsequently terminate coverage once the project is complete, an owner or operator must go through the following general process:

Eligibility

Meet all eligibility requirements of the Permit Document.

  • Multiple eligibility requirements must be met in accordance with Part I.A. of the Permit Document. For example, one eligibility requirement is State Historic Preservation Act (SHPA) Eligibility:
    • DEC and NYS Office of Parks, Recreation and Historic Preservation (OPRHP) have developed a process that an owner/operator of construction project shall use to identify and address potential impacts on archeological and historic resources. This process is documented in a Letter of Resolution (LOR) that was developed between the Department and OPRHP.
    • Construction activities that have the potential to affect historic and/or archeological resources would not be eligible for coverage under the general permit unless the screening and consultation process specified in the LOR has been completed and the required documentation demonstrating that potential impacts have been avoided or mitigated is obtained and maintained on site as required by the general permit (see Part I.F.8.). This documentation must be in place in order to complete and submit the eNOI. Owners or operators should refer to the following documents for guidance on addressing this eligibility provision:
  • The only discharges that may be authorized under the Permit are those in accordance with Part I.B. Types of Discharges Authorized in the Permit Document.

SWPPP Development

Develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements in Part I.D.2.a. and Part III. of the Permit Document.

MS4 SWPPP Acceptance or MS4 No Jurisdiction

If construction activities are within the municipal boundaries of a Traditional Land Use Control MS4 Operator (MS4 Operator) (e.g. city, town, or village), in accordance with Part I.D.2.b.ii. of the Permit Document, the owner or operator must contact the MS4 Operator to receive either a signed MS4 SWPPP Acceptance Form or a signed MS4 No Jurisdiction Form.

  • Consult the Stormwater Interactive Map to determine whether the construction activities are within the municipal boundaries of an MS4 Operator. The map displays the automatically and additionally designated MS4 areas (regulated areas). However, MS4 Operators have jurisdiction for SWPPP review to the extent of their municipal boundary. Therefore, if construction activities are within the municipal boundary of an MS4 Operator, even if the project site is located outside of the MS4 regulated area depicted on the map, the municipal office must be contacted for review and approval of the SWPPP (MS4 SWPPP Acceptance Form), or to receive an MS4 No Jurisdiction Form.

eNOI

To request coverage under the Permit, submit a complete electronic Notice of Intent (eNOI) to NYSDEC through the DEC nForm Portal in accordance with Part I.D. of the Permit Document. Users must be registered with NY.gov to use this system.

  • User guides and help on registering for the portal are available on the NYSDEC nForm information webpage.
  • Required eNOI attachments (note that these forms are available to download directly from the eNOI in the DEC nForm Portal):
    • SWPPP Preparer Certification (PDF) - This form is used to collect a signed certification from the SWPPP preparer to indicate that the SWPPP meets the requirements of the Permit Document.
    • MS4 SWPPP Acceptance Form (PDF) - If applicable, owners or operators of construction activities within the municipal boundaries of an MS4 Operator and subject to its review authority must submit this form, appropriately signed per Part VII.J.2 of the Permit Document, to indicate that the MS4 Operator has reviewed and accepted the SWPPP.
    • NYCDEP SWPPP Acceptance-Approval Form (PDF) - If applicable, owners or operators of construction activities within the municipal boundaries of NYC and subject to its review authority must submit this form, appropriately signed by NYC in accordance with Part VII.J.2. of the Permit Document, to indicate that NYC has reviewed and accepted the SWPPP.
    • MS4 No Jurisdiction Form (PDF) - If applicable, owners or operators of construction activities within the municipal boundaries of an MS4 Operator and not subject to its review authority must submit this form, appropriately signed by the MS4 Operator in accordance with Part VII.J.2. of the Permit Document, to indicate that the MS4 Operator does not have review authority.
    • Owner/Operator Certification (PDF) - This form is used to collect a signed certification statement from the project owner or operator asserting compliance with the requirements of the Permit Document.

Authorization

Authorization to discharge under the Permit is effective in accordance with Part I.D.3.b. of the Permit Document.

SWPPP Implementation, Inspection and Maintenance

Implement the SWPPP and comply with all requirements of the Permit. This includes, but is not limited to, Part I.E. General Requirements for Owners or Operators with Permit Coverage and Part IV. Inspection and Maintenance Requirements in the Permit Document.

eNOT

  • When a construction project is complete, prior to requesting termination of coverage under the Permit, the applicable requirements in Part V.A.1., 2., 3., and 4. must be met. Then, to terminate coverage under the Permit, submit an electronic Notice of Termination (eNOT) to NYSDEC through the DEC nForm Portal in accordance with Part V.A.5. of the Permit Document. Users must be registered with NY.gov to use this system. User guides and help on registering for the portal are available on the NYSDEC nForm information webpage. 
  • Required eNOT attachments (note that these forms are available to download directly from the eNOT in the DEC nForm Portal):
    • eNOT Qualified Inspector Certification Final Stabilization (PDF) - If a Qualified Inspector is required, this form collects the Qualified Inspector’s certification that all disturbed areas have achieved final stabilization.
    • eNOT Qualified Inspector Certification SMPs (PDF) - If a Qualified Inspector is required, and if SMPs were included in the SWPPP, this form collects the Qualified Inspector’s certification that the SMPs were constructed in conformance with the SWPPP.
    • eNOT MS4 Acceptance (PDF) - If applicable, owners or operators of construction activities within the municipal boundaries of an MS4 Operator and subject to its review authority must submit this form, appropriately signed by the MS4 Operator in accordance with Part VII.J.2. of the Permit Document, to indicate that the MS4 Operator has determined that it is acceptable for the owner’s or operator’s coverage to be terminated.
    • eNOT Owner-Operator Certification (PDF) - This form is used to collect a signed certification statement from the project owner or operator asserting that the eNOT is accurate and complete.

Important Links

Stormwater Interactive Mapper
Construction Stormwater Toolbox
Contact for this Page

DOW, Bureau of Water Permits
625 Broadway
Albany, NY 12233

This Page Covers
New York State
Icon