Stormwater Permit For Construction Activity
Before commencing construction activity, the owner or operator of a construction project 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, informally known as the Construction General Permit (CGP).
In the New York City East of Hudson watershed, this requirement also applies to construction projects disturbing more than 5,000 square feet to one acre of land. 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 for Construction SPDES Permits.
Permit Document
- SPDES General Permit for Stormwater Discharges from Construction Activity - GP-0-20-001 (PDF). This permit was issued in January 2020 and was effective on January 29, 2020.
- DRAFT 2025 Construction General Permit (CGP) public review and comment period was announced in the Environmental Notice Bulletin
- Public Noticed Documents:
- DRAFT 2025 CGP (anticipated effective date: January 29, 2025)
- DRAFT 2025 CGP’s Fact Sheet
- NYSDEC has extended the public comment period for 15 days. The deadline for submitting public comments is Tuesday, October 1, 2024, at 5PM EST.
- Please submit written comments electronically to the following email address with “Draft 2025 CGP” in the subject line: [email protected]
- Public Noticed Documents:
Supplemental Documents
- Construction Stormwater Permit Fact Sheet - GP-0-20-001 (PDF) - January 2020
This document describes how GP-0-20-001 differs from the preceding general permit. - Construction Stormwater Responsiveness Summary - GP-0-20-001 (PDF)
This document includes the DEC's responses to comments received during the public comment period on the draft Construction General Permit. (GP-0-20-001). - FAQs on Permit Requirements, 2006 (PDF) - Provides Departments answers to questions concerning permit coverage and requirements.
- New York State Stormwater Management Design Manual 2015 Update Transition Policy (PDF) - Addresses the process for transitioning from the previous version of the Design Manual to the 2015 Design Manual.
- Construction Stormwater General Permit requirements for Well Drilling Activities (PDF) - Pertinent to Well Drilling Activities consistent with the 1992 Generic Environmental Impact Statement (1992 GEIS) for Oil and Gas Well Drilling.
- Agricultural Best Management Practice Systems Catalogue (PDF) - This document, authored by the NYS Soil and Water Conservation Committee, includes Table II - Structural Agricultural Conservation Practices, referenced in Appendix B Tables 1 and 2 of the Construction General Permit (GP-0-20-001).
- Summary of GP-0-20-001 as it Applies to Construction Activity on Agricultural Property (PDF) - This document is a summary of how the Construction General Permit (GP-0-20-001) applies to construction activity on agricultural property. It was created to replace an outdated and erroneous summary document that was being used by the agriculture community.
Process of Gaining and Terminating Permit Coverage
To gain coverage under the Permit and subsequently terminate coverage once the project is complete, an owner or operator must follow the following general process (Permit Document).
Eligibility
Meet all eligibility requirements of the Permit Document.
- Multiple eligibility and ineligibility requirements must be met per Part I.E. and Part I.F. 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:
SWPPP Development
Develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements in Part II.A. and Part III of the Permit Document.
MS4 SWPPP Acceptance
If applicable, have the SWPPP reviewed by the Regulated, Traditional Land Use Control MS4 (Municipal Separate Storm Sewer System) (e.g. city, town or village) in accordance with Part II.A. and Part III of the Permit Document.
- With some exceptions, an owner or operator of a construction project within the boundaries of a Regulated, Traditional Land Use Control MS4 is required to have their SWPPP reviewed and accepted by the MS4 prior to step 4 below. Consult the Stormwater Interactive Map to determine whether the project is within an MS4. The map displays the automatically and additionally designated MS4 areas (regulated areas). However, Regulated, Traditional Land Use Control MS4s have jurisdiction for SWPPP review to the extent of their municipal boundary. Therefore, if a project is within the municipal boundary of a Regulated, Traditional Land Use Control MS4, 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.
eNOI
To request coverage under the Permit, submit a complete electronic Notice of Intent (eNOI) to the Department through the DEC nForm Portal in accordance with Part II.B. 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:
- eNOI Questions & Answers (PDF) - Q&A for many common questions on the electronic Notice of Intent
- eNOI PowerPoint presentation (PDF) - Slides, with notes, on how to fill out the eNOI.
- 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) dated January, 2015 - If applicable, projects subject to Regulated, Traditional Land Use Control MS4 regulation must submit this form, appropriately signed per Part VII.H.4 of the Permit Document, which indicates that the MS4 has reviewed and accepted the SWPPP.
- Owner/Operator Certification (PDF) - This form is used to collect a signed certification statement from the project owner acknowledging requirements of the Permit Document.
Authorization
Authorization to discharge under the Permit is only effective following Part II.C. of the Permit Document.
SWPPP Implementation, Inspection and Maintenance
Implement the SWPPP and meet general requirements for owners or operators with permit coverage per Part II.D. of the Permit Document. To maintain authorization to discharge, the project must adhere to Part IV Inspection and Maintenance Requirements of the Permit Document.
NOT
When a construction project is complete, consult Part V Termination of Permit Coverage of the Permit Document. The following Notice of Termination (NOT) form must be sent to the DEC:
- Notice of Termination (PDF) dated January, 2015
