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Construction Activity (CGP) FAQ

Frequently Asked Questions (FAQ)
General FAQ
Construction Activity (CGP) FAQ
Construction with Dewatering FAQ
Industrial Activity (MSGP) FAQ
Phase I MS4s FAQ
Phase II MS4 Generic Permit FAQ
Business Portal (ESSA) FAQ

Is my construction project required to have permit coverage?

Construction activities that will result in the disturbance of one or more acres of land are required to obtain coverage under the CGP if stormwater from the activity has the potential to enter a surface water of the state or a municipal separate storm sewer system.

My project site is greater than one acre but all of the construction activity will disturb less than one acre in total. Is my project required to have permit coverage?

No. Only projects that will ultimately disturb one or more acres of land are required to have permit coverage. NOTE: If a project is less than one acre but part of a larger common plan of development or sale that will ultimately disturb one or more acres, then permit coverage is required.

I’m confused about the difference between a large and small construction project. Can you clarify?

A large construction site disturbs (clears) five or more acres of land while a small construction site disturbs less than five acres of land. For example, if your project disturbs 4.99 acres, it is a small construction site. If your project disturbs five acres or more, it is a large construction site.

When must I file an NOI?

At least two days prior to commencement of construction that will disturb at least one acre of land from commencement to completion of the construction activity.

Do I send in my Stormwater Pollution Prevention Plan (SWPPP) with my NOI?

No, but a current copy must be kept on the construction site or an alternative location as specified in the NOI.

How much is the fee associated with this permit?

Large Construction (five or more acres of land) is $400. Small Construction (between one and five acres) is $250. Fees are established in Rule 62-4.050(4)(d), F.A.C.

When is my permit coverage effective?

Coverage will be effective 48 hours after postmarked date of the complete NOI submittal.

Who is supposed to file/sign the NOI?

The “operator” of the project. The operator is the entity that owns or operates the project. The “responsible authority” is the person who has authority to sign the NOI for the operator. (Rule 62-620.305, F.A.C., specifies who may sign permit applications.) For instance, the operator may be “The John Smith Development Company” and the responsible authority may be “John Smith, President.” In this case, John Smith would sign the NOI for the John Smith Development Company. 

The operator is the entity that has sufficient authority to assure compliance with the permit requirements. Typically, the operator will be the owner, developer or general contractor. Generally, the architect/engineer should not be indicated as the operator and sign the NOI unless they have operational control over the project and are willing to accept responsibility for compliance with the permit. The person who signs the NOI assumes responsibility for permit compliance.

How can I update my permit information?

Please submit an updated NOI to the Notices Center by fax at 850-245-7524 or by mail to:

Florida Department of Environmental Protection
NPDES Stormwater Notices Center, Mail Station 3585
2600 Blair Stone Road
Tallahassee, Florida 32399-2400

Ensure that your updated NOI clearly indicates your Facility ID (FLR) and says UPDATE so that it is not processed as an early renewal.

When do I terminate permit coverage?

You must file a NOT within 14 days of final stabilization of the site.

How does the new “10/2” ERP self-certification general permit affect the timing of obtaining coverage under the NPDES Construction Generic Permit?

There is no change. You must prepare your SWPPP and obtain coverage under the CGP at least two days before land clearing begins.

NPDES Stormwater Program
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3585
Tallahassee, FL 32399-2400
Phone: 866-336-6312 (toll-free)

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Last Modified:
August 16, 2023 - 8:49am

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