Stormwater Permit for Construction Activity
A construction project involving soil disturbance
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.
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.
- Permit
- State Historic Preservation Act
- Oil and Gas Well Drilling Activities
- Forms
- Supplemental Documents
- Steps to Authorization
Permit
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.
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.
Letter of Resolution (LOR) (PDF) including the following
- Procedures
- Project exclusions Under 9 NYCRR Sections 428.12/428.13
- SHPA Review (OPRHP/DEC) request form (PDF)
Cultural Resource Screening Process Flow Chart (PDF)
Resolution of Potential Cultural Impacts Flow Chart (PDF)
Oil and Gas Well Drilling Activities
Construction Stormwater General Permit requirements for Well Drilling Activities (PDF) that are consistent with the 1992 Generic Environmental Impact Statement (1992 GEIS) for Oil and Gas Well Drilling.
Forms
The Notice of Intent for Construction Activity must now be completed online through the DEC nForm Portal (leaves DEC website). Users must be registered with NY.gov in order to use this system. User guides and help on registering for the portal are available below and on the portal information webpage.
The following forms are needed to comply with the requirements of the General Permit for Stormwater Discharges from Construction Activity - GP-0-20-001:
- The Notice of Intent is a request for coverage under the SPDES General Permit for Stormwater Discharges from Construction Activities.
- Online eNOI - click the "Online Forms Login" button on the right of the page.
- 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.
- Online eNOI - click the "Online Forms Login" button on the right of the page.
- Notice of Termination (PDF) for Construction Activities dated January, 2015
When a construction project is complete and has met the requirements of the construction permit, a Notice of Termination (NOT) form should be completed and submitted to the Department. - MS4 SWPPP Acceptance Form (PDF) dated January, 2015
This form is used by a regulated, traditional land use control Municipal Separate Storm Sewer System (MS4) (e.g. town, city or village) to indicate acceptance of a SWPPP it has reviewed. To find out how to determine whether a project is subject to MS4 regulation, see the section on Projects subject to MS4 regulation below. - SWPPP Preparer Certification (PDF)
This form is to be used as part of the "Required SWPPP Components" section when preparing & submitting the eNOI. - Owner/Operator Certification (PDF)
This form is to be used as part of the "Owner/Operator Certification" section when preparing & submitting the eNOI.
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). - New York State Stormwater Management Design Manual 2015 Update Transition Policy (PDF)
Steps to Authorization
In order to gain coverage under the SPDES General Permit for Stormwater Discharges from Construction Activity, an owner or operator must:
- Develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements in the General Permit for Stormwater Discharges from Construction Activity.
- Submit a completed Notice of Intent (NOI) (PDF) to the Department using the online eNOI.
- Projects subject to MS4 regulation must submit a signed MS4 SWPPP Acceptance Form (PDF) along with their eNOI. With some exceptions, an owner or operator of a construction project within the boundaries of an MS4 is required to have their SWPPP reviewed and accepted by the MS4 prior to submitting their eNOI to the Department. Consult the Stormwater Interactive Map to determine whether your project is within an MS4. The map displays the automatically and additionally designated MS4 areas (regulated area). Some MS4s have extended their jurisdiction for SWPPP review to the municipal boundary; therefore, even if your project is located outside an MS4 regulated area, you should contact the municipal office to find out whether you need to submit your SWPPP for approval.
