Regulatory Framework and Permitting
The Clean Water Act skeleton
- §402 (NPDES): construction stormwater discharge permits - the basis for most state construction general permits.
- §404: discharge of dredged or fill material into waters of the U.S., administered by the U.S. Army Corps of Engineers.
- §401: state water quality certification that must accompany a §404 action.
- §303(d)/TMDL: the mechanism that can impose extra limits on a receiving water.
Also relevant: ESA consultation, NHPA §106 for historic/cultural resources, NEPA for federal actions, and local grading and erosion ordinances.
The acreage threshold
The federal construction permit threshold is 1 acre or more of earth disturbance - or less than 1 acre if it is part of a common plan of development or sale that will ultimately disturb 1 acre or more. Counting is based on total disturbed area, not impervious area or the area of one phase. Threshold math is the single most common review error.
Operator obligations
Submit a Notice of Intent, prepare and implement a SWPPP, and have permit coverage before ground is broken. File a Notice of Termination only after final stabilization. Typical EPA construction general permit inspections run once every 7 days, or once every 14 days plus within 24 hours of a storm of 0.25 inch or more.
Traps
- CPESC certification conveys expertise, not regulatory authority; you do not issue permits.
- Where federal, state, and local rules differ, the more stringent requirement governs.
- A wetlands crossover into §404 is a separate authorization from the stormwater permit.