Construction Activity

Stormwater Discharges from Construction Activities

Sediment and other pollutants from construction sites can significantly impact water quality.

Coverage under the Construction Generic Permit (CGP) is required for discharges from construction activities that: 

• Disturb at least one or more acres of land or disturb less than one acre of land but are part of a common plan of development or sale (CGP Section 8.3).
• Discharge stormwater to surface waters of the state or to surface waters of the state through a municipal separate storm sewer system (MS4).

The NPDES stormwater program regulates discharges that are associated with "large" and "small" construction activities.

Large Construction Activity

• Disturbs five acres or greater of land, or
• Disturbs less than five acres of land that is part of a larger common plan of development or sale that will ultimately disturb five acres or greater. 

Small Construction Activity

• Disturbs equal to or greater than one and less than five acres of land, or
• Disturbs less than one acre of land that is part of a larger common plan of development or sale that will ultimately disturb between one and five acres.

Construction Generic Permit Requirements

Operators of construction activities must obtain coverage under an NPDES Stormwater Permit and implement appropriate pollution prevention techniques to minimize erosion and sedimentation and properly manage stormwater. A generic permit is a general permit issued by DEP under the authority of section 403.0885, Florida Statutes, which is the provision authorizing the state to implement the NPDES program.

• A CGP Notice of Intent (NOI) (DEP Form 62-621.300(4)(b)) must be submitted online using DEP Business Portal or by paper copy to the NPDES Stormwater Notices Center to obtain permit coverage.
• A Stormwater Pollution Prevention Plan (SWPPP) must be developed and implemented to be in compliance with the permit. See the CGP and SWPPP Guidance for details.
• A Notice of Termination (NOT) (DEP Form 62-621.300(6)) must be submitted online or by paper copy to the NPDES Stormwater Notices Center to discontinue permit coverage. Permit coverage shall be terminated when the eligibility requirements for termination specified in the CGP are met.

Obtaining Permit Coverage

1. Review the Construction Generic Permit.
2. Develop and implement a SWPPP.
3. Complete and submit a CGP NOI with application fee required by Rule 62-4.050(4)(d), F.A.C.
   • Large Construction (disturbs 5 or more acres of land) is $400.
   • Small Construction (disturbs between 1-5 acres) is $250.
4. Renew coverage every five years (if the construction activity extends beyond a five year period) or submit an NOT to terminate coverage.

Acknowledgment Letters for NOIs and NOTs are issued to permittees by email, whether notices are submitted online or by paper copy.

Please Note: The Construction Generic Permit required under DEP's NPDES Stormwater Program is separate from the Environmental Resource Permit (ERP) required under Part IV, Chapter 373, F.S., a stormwater discharge permit required under Chapter 62-330, F.A.C., or any local government's stormwater discharge permit for construction activity.

Frequently Asked Questions (FAQs) provides answers to the questions most commonly posed regarding the NPDES Stormwater Program.