Erosion & Sediment Control and NPDES Permits for Pond Construction

Why construction stormwater is regulated

Clean Water Act section 402(p) set a general rule that, before October 1, 1994, EPA or an authorized State could not require an NPDES permit for discharges composed entirely of stormwater, except for listed categories that include a discharge associated with industrial activity and a discharge that EPA or the State determines contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. Section 402(p)(6) directed EPA, by October 1, 1993, to issue regulations designating additional stormwater discharges to be regulated to protect water quality and to establish a comprehensive program to regulate them. [11]

The Act defines 'pollutant' to include rock, sand, cellar dirt and agricultural waste discharged into water, and a 'discharge of a pollutant' includes any addition of any pollutant to navigable waters from any point source. EPA explains that sediment in waterbodies from construction sites can reduce the sunlight reaching aquatic plants, clog fish gills, and smother aquatic habitat and spawning areas. [9][12]

EPA describes the rules in two phases. The Phase I rule brought construction activities that ultimately disturb at least five acres (including larger common plans of development or sale) and have point source discharges to waters of the U.S. into the definition of 'industrial activity' at 40 CFR 122.26(b)(14)(x); the Phase II Rule requires NPDES permits for discharges from construction activities disturbing at least one acre but less than five acres. [4]

EPA's CGP Frequent Questions says that the earth-disturbing activity (such as clearing, grading or excavating) has to be part of a project to build, demolish or replace a structure (e.g., building, road, pad, pipeline, transmission line) to trigger coverage, that earth disturbance that is a normal part of the long-term use or maintenance of the property is not 'active construction', and that where clearing, grading or excavating down to bare soil takes place, coverage is required if at least one acre (separately or as part of a larger plan) is disturbed. EPA's listed examples do not name ponds or dams; how the test applies to pond excavation or dam building is listed below as unconfirmed. [1][2]

Under the CGP, 'commencement of construction activities' means the initial disturbance of soils ('breaking ground') associated with clearing, grading or excavating or other construction-related activities, such as grubbing, stockpiling fill material or placing raw materials at the site. The 'construction site' includes construction support activities such as equipment staging yards, materials storage areas, excavated material disposal areas and borrow areas, which may be on a different part of the property or on a different property altogether. [13]

• RequirementClean Water Act section 402(p) set a general rule that, before October 1, 1994, EPA or an authorized State could not require an NPDES permit for discharges composed entirely of stormwater, except for listed categories, including a discharge associated with industrial activity and a discharge that EPA or the State determines contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States.

  33 U.S.C. 1342(p)(1), (p)(2)(B), (p)(2)(E) (CWA section 402(p)) [11]
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  Prior to October 1, 1994, the Administrator or the State...shall not require a permit under this section for discharges composed entirely of stormwater. ...Paragraph (1) shall not apply with respect to the following stormwater discharges:...(B) A discharge associated with industrial activity. ...(E) A discharge for which the Administrator or the State, as the case may be, determines that the stormwater discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States.

  Open Office of the Law Revision Counsel, U.S. House of Representatives (opens in a new tab)

• RequirementCWA section 402(p)(6) directed EPA, by October 1, 1993, to issue regulations designating additional stormwater discharges (beyond those in 402(p)(2)) to be regulated to protect water quality and to establish a comprehensive program to regulate such designated sources.

  33 U.S.C. 1342(p)(6) [11]
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  Not later than October 1, 1993, the Administrator, in consultation with State and local officials, shall issue regulations (based on the results of the studies conducted under paragraph (5)) which designate stormwater discharges, other than those discharges described in paragraph (2), to be regulated to protect water quality and shall establish a comprehensive program to regulate such designated sources.

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• DefinitionUnder the Clean Water Act, 'pollutant' includes rock, sand, cellar dirt and agricultural waste discharged into water, and 'discharge of a pollutant' includes (A) any addition of any pollutant to navigable waters from any point source (clause (B) separately covers additions to the contiguous zone or the ocean from sources other than vessels or other floating craft).

  33 U.S.C. 1362(6), 1362(12) [9]
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  (6) The term "pollutant" means dredged spoil, solid waste...rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. ...(12) The term "discharge of a pollutant" and the term "discharge of pollutants" each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

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• EPA's National Menu of construction BMPs publishes fact sheets on erosion and sediment control practices, including (among others) construction sequencing, erosion and sediment control inspection and maintenance, mulching, permanent seeding, check dams, sediment basins and rock dams, sediment traps, silt fences, vegetated buffers, and concrete washout. EPA explains that sediment from construction sites reduces sunlight to aquatic plants, clogs fish gills, and smothers aquatic habitat and spawning areas.

  EPA, National Menu of Best Management Practices (BMPs) for Stormwater - Construction (web page, last updated December 12, 2025) [12]
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  Sediment in waterbodies from construction sites can reduce the amount of sunlight reaching aquatic plants, clog fish gills, smother aquatic habitat and spawning areas, and impede navigation. ...Construction Sequencing (pdf)...Erosion and Sediment Control Inspection and Maintenance (pdf)...Mulching (pdf)...Permanent Seeding (pdf)...Check Dams (pdf)...Sediment Basins and Rock Dams (pdf)...Sediment Traps (pdf)...Silt Fences (pdf)...Vegetated Buffers (pdf)...Concrete Washout (pdf)

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• Background stated by EPA: the Phase I rule brought construction activities that ultimately disturb at least five acres (including larger common plans) and have point source discharges to waters of the U.S. into 'industrial activity' under 40 CFR 122.26(b)(14)(x); the Phase II Rule requires NPDES permits for discharges from construction disturbing at least one acre but less than five acres under 40 CFR 122.26(b)(15)(i).

  91 FR 48862, 48863-48864 (Aug. 3, 2026), Section II [4]
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  Construction activities, including activities that are part of a larger common plan of development or sale, that ultimately disturb at least five acres of land and have point source discharges to waters of the U.S., were included in the definition of ``industrial activity'' pursuant to 40 CFR 122.26(b)(14)(x). ...The Phase II Rule requires NPDES permits for discharges from construction activities disturbing at least one acre but less than five acres

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• DefinitionEPA's CGP Frequent Questions states that the earth-disturbing activity has to be part of a project to build, demolish, or replace a structure (e.g., building, road, pad, pipeline, transmission line) to trigger permit coverage; earth disturbance that is a normal part of the long-term use or maintenance of the property is not 'active construction'. Where clearing, grading, or excavating down to bare soil takes place, coverage is required if at least one acre (separately or as part of a larger plan) is disturbed.

  EPA, Frequent Questions on EPA's Construction General Permit (2022 CGP), 'What if earth disturbance is a normal part of the post-construction use of the site?' [2]
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  The earth-disturbing activity has to be part of a project to build, demolish, or replace a structure (e.g., building, road, pad, pipeline, transmission line) to trigger the need for permit coverage. Earth disturbance that is a normal part of the long-term use or maintenance of the property is not “active construction”...Where clearing, grading, or excavating (i.e., down to bare soils) takes place, permit coverage is required if at least one acre (separately or as part of a larger plan of development) is disturbed.

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• DefinitionUnder the CGP, 'commencement of construction activities' means the initial disturbance of soils ('breaking ground') associated with clearing, grading, excavating or other construction-related activities such as grubbing, stockpiling of fill material, or placing raw materials at the site. The 'construction site' includes 'construction support activities' - e.g., equipment staging yards, materials storage areas, excavated material disposal areas, and borrow areas - even if located elsewhere on the property or on a different property.

  2022 CGP Appendix A, definitions of 'Commencement of Construction Activities', 'Construction Site', 'Construction Support Activity' [13]
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  the initial disturbance of soils (or ‘breaking ground’) associated with clearing, grading, or excavating activities or other construction-related activities (e.g., grubbing; stockpiling of fill material; placement of raw materials at the site). ...The construction site includes construction support activities, which may be located at a different part of the property from where the primary construction activity will take place, or on a different piece of property altogether...equipment staging yards, materials storage areas, excavated material disposal areas, and borrow areas.

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When a pond project needs a permit

Federal rules sort construction by the area disturbed. 'Storm water discharge associated with industrial activity' (large construction) includes construction activity, including clearing, grading and excavation, that disturbs five acres or more of total land area, and disturbance of less than five acres that is part of a larger common plan of development or sale that will ultimately disturb five acres or more. 'Storm water discharge associated with small construction activity' means discharges from construction activities, including clearing, grading and excavating, that disturb one acre or more and less than five acres, plus disturbance of less than one acre that is part of a larger common plan that will ultimately disturb at least one and less than five acres; small construction activity does not include routine maintenance performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility. [1][14]

A site disturbing less than one acre that is not part of a larger common plan is not automatically covered by these definitions, but the permitting authority (or, in States with approved programs, the State Director or the EPA Regional Administrator) may designate it for permitting based on its potential to contribute to a violation of a water quality standard or to contribute significant pollutants to waters of the United States. Under the CGP, the 'common plan' is broadly defined as any announcement or documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request or computer design) or physical demarcation (including boundary signs, lot stakes or surveyor markings) indicating construction activities may occur on a specific plot. [13][14]

EPA's CGP Frequent Questions says that, in general, coverage is needed when a construction activity will disturb one or more acres and discharges stormwater to waters of the U.S. If all stormwater from the construction activity is captured on site and allowed to evaporate, soak into the ground on site or be used for irrigation, so that none is discharged to a receiving water, no permit is needed; the on-site controls must be effective under any size storm, and if there is a potential for a discharge EPA recommends obtaining coverage before any discharge occurs. [2]

For construction disturbing less than five acres, the permitting authority may waive the otherwise applicable general-permit requirements under a low rainfall erosivity waiver where the rainfall erosivity factor (R in the Revised Universal Soil Loss Equation, determined under Chapter 2 of Agriculture Handbook Number 703) is less than five during the period of construction, and the operator must certify that construction will take place while R is less than five. Under EPA's CGP, which offers its waivers only for small construction (1-5 acres), that period runs from initial earth disturbance to final stabilization; where vegetation will provide final stabilization, it can instead end with installation of interim non-vegetative stabilization, if the operator commits to inspect and maintain the area until final stabilization is met. The operator must submit the certification to EPA before construction begins; EPA does not prohibit submitting it after construction has started, but reserves the right to take enforcement for unpermitted discharges that occur before the waiver is granted. If a recalculated R factor is five or above, the operator must obtain permit coverage. [14][15]

The permitting authority may also waive requirements for sites disturbing less than five acres where stormwater controls are not needed based on an EPA-approved or EPA-established total maximum daily load (TMDL) that addresses the pollutant(s) of concern or, for non-impaired waters that do not require TMDLs, an equivalent analysis. The pollutants of concern include sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant identified as a cause of impairment of any water body that will receive a discharge from the construction activity. The operator must certify that the construction activity and its discharges will occur within the drainage area addressed by the TMDL or equivalent analysis; under EPA's CGP the operator is not waived until EPA approves the request and may not start construction before receiving that approval. As of December 21, 2025 (or an EPA-approved alternative date), both low rainfall erosivity and TMDL/equivalent-analysis waiver certifications must be submitted electronically, and EPA's CGP says a small-construction discharge covered by neither a permit nor a waiver may be considered an unpermitted discharge under the Clean Water Act. [14][15]

The Clean Water Act's 'point source' definition does not include agricultural stormwater discharges, EPA's regulations likewise say 'point source' does not include agricultural storm water runoff, and 40 CFR 122.3(e) lists, among discharges that do not need NPDES permits, any introduction of pollutants from nonpoint-source agricultural and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures, range lands and forest lands (but not discharges from concentrated animal feeding operations and certain other listed operations). Separately, CWA section 404(f)(1)(C) and (D) say the discharge of dredged or fill material for the construction or maintenance of farm or stock ponds, or for building temporary sedimentation basins on a construction site that does not include placement of fill material into the navigable waters, is not prohibited by or otherwise subject to regulation under sections 404, 301(a) or 402 (except section 307 effluent standards or prohibitions). Under section 404(f)(2) the exemption is lost where the discharge is incidental to an activity bringing an area of the navigable waters into a use to which it was not previously subject, where the flow or circulation of the waters may be impaired or their reach reduced. Whether that exemption, which speaks to dredged or fill material, or the agricultural exclusions cover stormwater running off a pond construction site is listed below as unconfirmed. [9][10][16][17]

• Size cutoffEPA's plain-English rule of thumb: a Clean Water Act permit is required for stormwater discharges from any construction activity disturbing 1 acre or more of land, or less than 1 acre if it is part of a common plan of development or sale that will ultimately disturb 1 or more acres. 'Construction activity' includes earth-disturbing activities such as clearing, grading and excavating land.

  EPA, Stormwater Discharges from Construction Activities (web page) [1]
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  A Clean Water Act permit is required for stormwater discharges from any construction activity disturbing:...1 acre or more of land, or...Less than 1 acre of land, but that is part of a common plan of development or sale that will ultimately disturb 1 or more acres of land. ...Construction activity includes earth-disturbing activities such as clearing, grading, and excavating land and other construction-related activities that could generate pollutants.

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• Size cutoffLARGE construction (Phase I): 'Storm water discharge associated with industrial activity' includes construction activity, including clearing, grading and excavation, that disturbs five acres or more of total land area. It also includes disturbance of less than five acres that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more.

  Applies when: Earth disturbance (clearing, grading, excavation) of 5 acres or more, or part of a larger common plan that will ultimately disturb 5 acres or more 40 CFR 122.26(b)(14)(x) [14]
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  (x) Construction activity including clearing, grading and excavation, except operations that result in the disturbance of less than five acres of total land area. Construction activity also includes the disturbance of less than five acres of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more;

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• Size cutoffSMALL construction (Phase II): 'Storm water discharge associated with small construction activity' means discharges from construction activities, including clearing, grading and excavating, that disturb one acre or more and less than five acres, plus disturbance of less than one acre that is part of a larger common plan of development or sale that will ultimately disturb at least one and less than five acres. Small construction activity does not include routine maintenance performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

  Applies when: Earth disturbance of at least 1 acre but less than 5 acres (or part of such a larger common plan) 40 CFR 122.26(b)(15)(i) [14]
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  (i) Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one acre and less than five acres. ...includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. ...does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

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• Size cutoffSites disturbing LESS than one acre (and not part of a larger common plan) are not automatically covered, but the permitting authority (or, in States with approved programs, the State Director or the EPA Regional Administrator) may designate any other construction activity for permitting based on its potential to contribute to a violation of a water quality standard or to contribute significant pollutants to waters of the United States.

  40 CFR 122.26(b)(15)(ii); Exhibit 1 to 122.26(b)(15) [14]
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  (ii) Any other construction activity designated by the Director, or in States with approved NPDES programs either the Director or the EPA Regional Administrator, based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to waters of the United States. ...Potential Designation: Optional Evaluation and Designation by the NPDES Permitting Authority or EPA Regional Administrator

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• DefinitionUnder the CGP, a 'common plan of development or sale' is a contiguous area where multiple separate and distinct construction activities may occur at different times on different schedules under one common plan, and the 'common plan' is broadly defined as any announcement or documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design) or physical demarcation (boundary signs, lot stakes, surveyor markings) indicating construction may occur on a specific plot.

  2022 CGP Appendix A, definition of 'Common Plan of Development or Sale' [13]
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  A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one common plan. ...is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot.

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• ExemptionEPA's CGP Frequent Questions says that, in general, permit coverage is needed when a construction activity will disturb one or more acres AND discharges stormwater to waters of the U.S. If all stormwater from the construction activity is captured on site and allowed to evaporate, soak into the ground on site, or is used for irrigation (i.e., not discharged to a receiving water), no permit is needed; the on-site controls must be effective under any size storm, and if there is a potential for a discharge EPA recommends obtaining coverage before any discharge occurs.

  Applies when: All construction stormwater is retained on site (no discharge to a receiving water) under any size storm EPA, Frequent Questions on EPA's Construction General Permit (2022 CGP), Q&As 'What types of construction activities must obtain NPDES permit coverage for their stormwater discharges?' and 'Are there situations where a permit is not needed?' [2]
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  In general, any “construction activity” that will disturb one or more acres of land and discharges stormwater to waters of the U.S. must obtain NPDES permit coverage. ...if all of the stormwater from the construction activity is captured on-site and allowed to evaporate, soak into the ground on-site, or is used for irrigation (i.e., not discharged to a receiving water), you do not need a permit. ...If you believe there is a potential for a discharge, EPA recommends that you obtain permit coverage before any discharge occurs. ...must be effective under any size storm.

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• ExemptionLOW RAINFALL EROSIVITY WAIVER (LEW): For construction activities disturbing less than five acres, the permitting authority may waive the otherwise applicable general-permit requirements where the rainfall erosivity factor ('R' in the Revised Universal Soil Loss Equation) is less than five during the period of construction activity, determined under Chapter 2 of Agriculture Handbook Number 703. The operator must certify to the permitting authority that construction will take place while R is less than five.

  Applies when: Small construction (disturbing less than 5 acres) with R-factor less than 5 over the construction period; waiver is at the permitting authority's discretion ('may waive') 40 CFR 122.26(b)(15)(i)(A) [14]
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  The Director may waive the otherwise applicable requirements in a general permit for a storm water discharge from construction activities that disturb less than five acres where:...(“R” in the Revised Universal Soil Loss Equation) is less than five during the period of construction activity. ...determined in accordance with Chapter 2 of Agriculture Handbook Number 703...An operator must certify to the Director that the construction activity will take place during a period when the value of the rainfall erosivity factor is less than five

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• ExemptionUnder EPA's CGP, the three small-construction waivers (low rainfall erosivity, TMDL, equivalent analysis) are available only for small construction (1-5 acres). For the LEW, the 'period of construction activity' begins at initial earth disturbance and ends with final stabilization, but where vegetation will be used for final stabilization the date of installing interim non-vegetative stabilization can be used as the end date if the operator commits to inspect and maintain the area until final stabilization is met. The operator must submit the waiver certification to EPA before commencing construction; late certifications are not prohibited, but EPA reserves the right to take enforcement for unpermitted discharges before the waiver is granted. If a recalculated R factor (e.g., for a project running past its projected completion date) is five or above, the operator must obtain NPDES permit coverage.

  Applies when: Small construction (1-5 acres) in an area where EPA is the permitting authority; state programs set their own waiver procedures 2022 CGP Appendix C, intro and Part C.1 [15]
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  only available to stormwater discharges associated with small construction activities (i.e., 1-5 acres)...begins at initial earth disturbance and ends with final stabilization...Where vegetation will be used for final stabilization, the date of installation...interim non-vegetative stabilization can be used for the end of the construction period, provided the operator commits...prior to commencing construction...If the new R factor is five or above, you must obtain NPDES permit coverage...not prohibited from submitting waiver certifications after initiating...right to take enforcement

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• ExemptionTMDL / EQUIVALENT-ANALYSIS WAIVER: The permitting authority may also waive requirements for sites disturbing less than five acres where storm water controls are not needed based on an EPA-approved or EPA-established TMDL addressing the pollutant(s) of concern, or, for non-impaired waters that do not require TMDLs, an equivalent analysis. The pollutants of concern include sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation) AND any other pollutant identified as a cause of impairment of any water body that will receive a discharge from the construction activity. The operator must certify that the construction activity and discharges will occur within the drainage area addressed by the TMDL or equivalent analysis.

  Applies when: Small construction (disturbing less than 5 acres) within the drainage area of a qualifying TMDL or equivalent analysis 40 CFR 122.26(b)(15)(i)(B) [14]
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  Storm water controls are not needed based on a “total maximum daily load” (TMDL) approved or established by EPA that addresses the pollutant(s) of concern or, for non-impaired waters that do not require TMDLs, an equivalent analysis...include sediment or a parameter that addresses sediment...and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. The operator must certify...within the drainage area addressed by the TMDL or equivalent analysis.

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• ProcessFor the TMDL or equivalent-analysis waivers, the operator is NOT waived until EPA approves the request and may not start construction before receiving EPA approval. Any small-construction discharge not covered by either a permit or a waiver may be considered an unpermitted discharge, and EPA may notify a waived operator that it must obtain NPDES permit coverage.

  2022 CGP Appendix C, Part C.4 [15]
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  If you submit a TMDL or equivalent analysis waiver request, you are not waived until EPA approves your request. As such, you may not commence construction activities until receipt of approval from EPA. ...Any discharge of stormwater associated with small construction activity not covered by either a permit or a waiver may be considered an unpermitted discharge under the Clean Water Act. ...EPA may notify any operator covered by a waiver that they must obtain NPDES permit coverage.

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• ExemptionThe Clean Water Act definition of 'point source' (a discernible, confined and discrete conveyance such as a pipe, ditch or channel from which pollutants are or may be discharged) expressly does not include agricultural stormwater discharges and return flows from irrigated agriculture.

  Applies when: Stormwater discharges that are 'agricultural stormwater discharges'; the statute does not define whether stormwater from building a farm pond qualifies 33 U.S.C. 1362(14) [9]
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  (14) The term "point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.

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• ExemptionCWA section 404(f)(1) provides that the discharge of DREDGED OR FILL MATERIAL for the purpose of construction or maintenance of farm or stock ponds (404(f)(1)(C)), or for construction of temporary sedimentation basins on a construction site that does not include placement of fill material into the navigable waters (404(f)(1)(D)), is not prohibited by or otherwise subject to regulation under section 404, section 301(a) or section 402 (33 U.S.C. 1342, the NPDES program), except for effluent standards or prohibitions under section 307. The exemption is lost under 404(f)(2) where the discharge is incidental to an activity bringing an area of the navigable waters into a use to which it was not previously subject, where flow or circulation may be impaired or the reach of the waters reduced.

  Applies when: Discharge of dredged or fill material (e.g., placing fill for a farm/stock pond embankment in a water of the U.S.), subject to the 404(f)(2) recapture provision 33 U.S.C. 1344(f)(1)(C), (f)(1)(D), (f)(2) (CWA section 404(f)) [10]
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  (C) for the purpose of construction or maintenance of farm or stock ponds...(D) for the purpose of construction of temporary sedimentation basins on a construction site which does not include placement of fill material into the navigable waters;...is not prohibited by or otherwise subject to regulation under this section or section 1311(a) or 1342 of this title (except for effluent standards or prohibitions under section 1317...into a use to which it was not previously subject, where the flow or circulation of navigable waters may be impaired or the reach of such waters be reduced

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What the permit requires

Dischargers of stormwater from large or small construction activity (as defined above) must either apply for an individual permit or seek coverage under a stormwater general permit. EPA's own general permit is the 2022 Construction General Permit, issued by all ten EPA Regions effective February 17, 2022 for a five-year term; it covers eligible operators only where EPA is the NPDES permitting authority, and the requirements described below are the 2022 CGP's. A narrow 2025 modification added all Lands of Exclusive Federal Jurisdiction as eligible areas (effective April 8, 2025, and 2:00 pm June 10, 2025 for EPA Regions 1 and 3), and the modified permit states that the permit and authorization to discharge expire at 11:59 pm on February 16, 2027. [3][7][14][19]

Under the 2022 CGP, coverage must be obtained by each 'operator' of the site: a party that has operational control over construction plans and specifications, including the ability to modify them, or that has day-to-day operational control of the activities needed to comply with the permit. Where a project has multiple operators, all must obtain coverage. EPA's guidance says that in most cases the party with control over plans and specifications is the site owner and the party with day-to-day operational control is the general contractor; where both meet the definition, both must submit a Notice of Intent (NOI) if coverage under the EPA CGP is sought, while a subcontractor hired by and under the supervision of the owner or general contractor is probably not an operator. [2][7]

Among other 2022 CGP eligibility conditions, the site must disturb one or more acres (or be part of a common plan that will ultimately disturb one or more acres) or have been designated by EPA, must be in an area where EPA is the permitting authority, and the operator must demonstrate eligibility regarding federally listed endangered or threatened species and critical habitat and complete the historic property screening. Each operator must develop a Stormwater Pollution Prevention Plan (SWPPP) before submitting the NOI, and the NOI must be submitted electronically through EPA's NPDES eReporting Tool (NeT) unless the applicable EPA Regional Office grants a waiver. For a new site the NOI is due at least 14 calendar days before construction begins, and authorization begins 14 calendar days after EPA notifies the operator that it has received a complete NOI, unless EPA notifies the operator that authorization is delayed or denied. [7]

The SWPPP must include, among other things, the total area expected to be disturbed (to the nearest quarter acre), a legible site map, a description of the stormwater controls, procedures for inspection, maintenance and corrective action, and a signed SWPPP certification, and a current copy must be kept at the site or at an easily accessible location. Once covered, the operator must post a sign or other notice of coverage at a safe, publicly accessible location close to the site, visible from the public road nearest the active part of construction, showing among other items the NPDES ID and a contact name and phone number. [7]

The site must be inspected at least once every 7 calendar days, or once every 14 calendar days and within 24 hours of a storm producing 0.25 inches or more of rain within 24 hours (or of a snowmelt discharge from a storm producing 3.25 inches or more of snow); any portion discharging to a sediment- or nutrient-impaired water (or certain other listed waters) must be inspected every 7 days and within 24 hours of such a storm, although an operator that qualifies for a reduced inspection frequency under Part 4.4 of the CGP may use it for those portions. Stabilized areas may be inspected twice in the first month (no more than 14 days apart) and then monthly, and inspections are required only during the site's normal working hours. Each inspection report must be completed within 24 hours and kept for at least three years after coverage expires or is terminated, and for projects covered on or after February 17, 2023 the inspector must have completed EPA's construction inspection course and passed the exam, or hold a current valid construction inspection certification or license from another qualifying program. [7]

Routine maintenance of a control must start immediately and be finished by the close of the next business day; if that is infeasible, the operator must document why and finish no later than 7 calendar days from discovery. A new or replacement control or significant repair must be installed or completed no later than 7 calendar days from discovery; if that is infeasible, the operator must document why and its schedule for completing the work as soon as feasible after the 7 days. A Notice of Termination (NOT) is due within 30 calendar days after any of the Part 8.2 conditions occurs; one such condition is completing all construction activities at the site and meeting the Part 8.2.1 requirements, which include final stabilization documented by ground or aerial photographs submitted with the NOT. Authorization to discharge ends at midnight on the day a complete NOT is submitted to EPA. [7]

• StatusEPA's current Construction General Permit (the '2022 CGP') was issued by all ten EPA Regions as a final permit, effective February 17, 2022, for a five-year term. It covers eligible operators only where EPA is the NPDES permitting authority.

  87 FR 3522 (Jan. 24, 2022), Summary and Dates [3]
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  ACTION: Notice of final permit issuance. ...EPA is issuing this permit for five (5) years to provide permit coverage to eligible operators in all areas of the country where EPA is the NPDES permitting authority...DATES: The final permit will become effective on February 17, 2022.

  Open U.S. EPA / Federal Register (opens in a new tab)

• StatusThe 2022 CGP was modified in 2025 to add all Lands of Exclusive Federal Jurisdiction as eligible areas. The modified permit is effective 12:00 am April 8, 2025 (and 2:00 pm June 10, 2025 for EPA Regions 1 and 3), and the permit and authorization to discharge expire at 11:59 pm on February 16, 2027.

  2022 CGP (as modified), cover pages [7]
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  This permit becomes effective on 12:00 am, April 8, 2025. ...This permit and the authorization to discharge expire at 11:59pm, February 16, 2027. ...The 2022 CGP was modified to expand the list of areas eligible for coverage to include Lands of...For EPA Regions 1 and 3, this modified permit becomes effective at 2:00 pm, June 10, 2025.

  Open U.S. EPA (opens in a new tab)

• RequirementWho must get CGP coverage: any 'operator' of the construction site - a party that either (a) has operational control over construction plans and specifications, including the ability to modify them, or (b) has day-to-day operational control of activities necessary to ensure permit compliance. Where there are multiple operators on the same project, all operators must obtain coverage; subcontractors generally are not considered operators.

  2022 CGP Part 1.1.1 [7]
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  meets either of the following two criteria:...The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or...The party has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit conditions. ...Where there are multiple operators associated with the same project, all operators must obtain permit coverage. ...Subcontractors generally are not considered operators for the purposes of this permit.

  Open U.S. EPA (opens in a new tab)

• RequirementEPA's guidance says that in most cases the party with control over plans and specifications will be the site OWNER, and the party with day-to-day operational control will be the GENERAL CONTRACTOR; where both meet the definition, both must submit an NOI. A subcontractor hired by and under the supervision of the owner or general contractor is probably not an operator.

  Applies when: Landowner hiring an excavation/pond contractor in an area where EPA is the permitting authority EPA, Frequent Questions on EPA's Construction General Permit (2022 CGP), 'Who is responsible for submitting the NOI for EPA CGP coverage?' [2]
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  The party that meets the first part of the definition of “operator” in most cases will be the owner of the site...The party that meets the second part of the definition of “operator” in most cases will be the general contractor of the project...Where there are multiple operators associated with the same project, all parties meeting the definition of “operator” must submit an NOI to be covered under the EPA CGP if such coverage is sought. ...You are a subcontractor hired by, and under the supervision of, the owner or a general contractor

  Open U.S. EPA (opens in a new tab)

• RequirementAmong other CGP eligibility conditions in Part 1.1: the site disturbs one or more acres (or is part of a common plan that will ultimately disturb one or more acres) or has been designated by EPA; the site is in an area where EPA is the permitting authority (Appendix B); the operator demonstrates eligibility regarding federally listed endangered/threatened species and critical habitat (Appendix D); and the operator completes the historic property screening (Appendix E).

  2022 CGP Parts 1.1.2, 1.1.3, 1.1.5, 1.1.6 [7]
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  Will disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development or sale (as defined in Appendix A) that will ultimately disturb one or more acres of land; or...1.1.3 Your site is located in an area where EPA is the permitting authority and where coverage under this permit is available (see Appendix B). ...protection of Federally listed endangered or threatened species and Federally designated critical habitat...You have completed the screening process in Appendix E relating to the protection of

  Open U.S. EPA (opens in a new tab)

• TimelineNotice of Intent (NOI): every operator seeking coverage must develop a Stormwater Pollution Prevention Plan (SWPPP) BEFORE submitting the NOI, and must submit the NOI electronically through EPA's NPDES eReporting Tool (NeT) unless the applicable EPA Regional Office grants a waiver. For an operator of a new site, the NOI is due at least 14 calendar days before commencing construction activities, and permit authorization begins 14 calendar days after EPA notifies the operator that it has received a complete NOI, unless EPA notifies the operator that authorization is delayed or denied.

  2022 CGP Parts 1.4, 1.4.1, 1.4.2, 1.4.3 (Table 1) [7]
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  1.4.1 Prerequisite for Submitting Your NOI...You must develop a SWPPP consistent with Part 7 before submitting your NOI for coverage under this permit. ...You must use EPA’s NPDES eReporting Tool (NeT) to electronically prepare and submit your NOI for coverage under the 2022 CGP unless you received a waiver from your applicable EPA Regional Office. ...Operator of a new site (i.e., a site...At least 14 calendar days before...14 calendar days after EPA...notifies you that it has...received a complete NOI,...unless EPA notifies you that...your authorization is delayed...or denied.

  Open U.S. EPA (opens in a new tab)

• RequirementThe Stormwater Pollution Prevention Plan (SWPPP) must be developed by every operator before the NOI is submitted. Required contents include (among others) the total area expected to be disturbed (to the nearest quarter acre), a legible site map, a description of the stormwater controls, procedures for inspection, maintenance and corrective action, and a signed SWPPP certification. A current copy must be kept at the site or at an easily accessible location.

  2022 CGP Parts 7.1, 7.2.1-7.2.10, 7.3 [7]
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  must develop a SWPPP consistent with the requirements in Part 7 prior to their submittal of the NOI. ...The total area expected to be disturbed by the construction activities (to the nearest quarter acre...Site Map. Include a legible map, or series of maps, showing the following features of the site:...Description of Stormwater Controls. ...Procedures for Inspection, Maintenance, and Corrective Action. ...SWPPP Certification. ...You must keep a current copy of your SWPPP at the site or at an easily accessible location

  Open U.S. EPA (opens in a new tab)

• RequirementINSPECTIONS under the CGP: the site must be inspected at least once every 7 calendar days, OR once every 14 calendar days and within 24 hours of a storm producing 0.25 inches or more of rain within a 24-hour period (or of a snowmelt discharge from a storm producing 3.25 inches or more of snow). Any portion of the site that discharges to a sediment- or nutrient-impaired water (or certain other listed waters) must be inspected every 7 days AND within 24 hours of such a storm, although an operator that qualifies for a Part 4.4 reduced frequency may use it for those portions. Stabilized areas may be inspected twice in the first month (no more than 14 days apart) and then monthly. Inspections are required only during the site's normal working hours.

  2022 CGP Parts 4.1, 4.2, 4.3.1, 4.4.1 [7]
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  If you qualify...you may conduct inspections in accordance with Part 4.4 for any portion of your site that discharges to a sensitive water. ...At least once every seven (7) calendar days; or...Once every 14 calendar days and within 24 hours...0.25 inches or more of rain within a 24-hour period...only required during the site’s normal working hours...snowmelt from a storm event that produces 3.25 inches...nutrient-impaired water...once every seven (7) calendar days and within 24 hours...twice per month for the first month, no more than 14 calendar days apart, then once per month

  Open U.S. EPA (opens in a new tab)

• RequirementInspection reports must be completed within 24 hours of each inspection and retained for at least three years from the date permit coverage expires or is terminated. For projects covered on or after February 17, 2023, inspectors must have completed EPA's construction inspection course and passed the exam, or hold a current valid construction inspection certification or license from another qualifying program.

  2022 CGP Parts 4.7.1, 4.7.4, 6.3 [7]
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  You must complete an inspection report within 24 hours of completing any site inspection. ...You must retain all inspection reports completed for this Part for at least three (3) years from the date that your permit coverage expires or is terminated. ...For projects that receive coverage under this permit on or after February 17, 2023, to be considered a qualified person...Have completed the EPA construction inspection course developed for this permit and have passed the exam; or...Hold a current valid construction inspection certification or license from a program

  Open U.S. EPA (opens in a new tab)

• ProcessNotice of Termination (NOT): one basis for terminating coverage is completing all construction activities at the site and meeting the Part 8.2.1 requirements, which include final stabilization documented with ground or aerial photographs submitted with the NOT (other bases in Part 8.2 include transfer to another permitted operator). The NOT is due within 30 calendar days after a qualifying condition occurs, and authorization ends at midnight on the day a complete NOT is submitted.

  2022 CGP Parts 8.2, 8.3, 8.4, 8.5 [7]
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  You have completed all construction activities at your site...you must take either ground or aerial photographs that show your site’s compliance with the Part 2.2.14 stabilization requirements and submit them with your NOT. ...You must submit an NOT within 30 calendar days after any one of the conditions in Part 8.2 occurs. ...Your authorization to discharge under this permit terminates at midnight of the calendar day that a complete NOT is submitted to EPA.

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Erosion controls vs. sediment controls

The federal construction and development effluent guidelines (40 CFR part 450, the 'C&D Rule'), effective since February 1, 2010, apply to discharges from construction activity required to obtain NPDES coverage under 40 CFR 122.26(b)(14)(x) and (b)(15). They require effective erosion controls and sediment controls designed, installed and maintained to minimize the discharge of pollutants and, at a minimum, to control stormwater volume and velocity to minimize soil erosion; control peak flowrates and total stormwater volume to minimize channel and streambank erosion and scour near discharge points; minimize the amount of soil exposed and the disturbance of steep slopes; and minimize sediment discharges, addressing factors such as the amount, frequency, intensity and duration of precipitation, the nature of the resulting runoff and soil characteristics. For steep slopes, the 2022 CGP adopts any State, Tribe, local government or industry technical manual definition and, where none exists, treats slopes of 15 percent or greater as steep. [6][13]

Unless infeasible, the controls must also provide and maintain natural buffers around waters of the United States, direct stormwater to vegetated areas and maximize stormwater infiltration, and preserve topsoil, although topsoil preservation is not required where a specific area's intended function requires the topsoil to be disturbed or removed. Soil compaction must be minimized, except where a specific area's intended function requires it to be compacted. [6]

Stabilization of disturbed areas must, at a minimum, begin immediately whenever earth-disturbing activities have permanently ceased on any portion of the site, or have temporarily ceased and will not resume for more than 14 calendar days, and the permitting authority sets the deadline for completing it. In arid, semiarid and drought-stricken areas where starting vegetative stabilization immediately is infeasible, alternative stabilization measures must be used as the permitting authority specifies, and in limited circumstances stabilization may not be required where an area's intended function requires it to remain disturbed. [6]

Under the C&D Rule, discharges from dewatering, including dewatering of trenches and excavations, are prohibited unless managed by appropriate controls; wash waters must be treated in a sediment basin or alternative control; concrete washout wastewater (unless managed by an appropriate control) and fuels, oils, soaps and solvents from vehicle and equipment operation and washing are among the prohibited discharges; and basins and impoundments must use outlet structures that withdraw water from the surface, unless infeasible. The 2022 CGP adds that dewatering water must be routed through a sediment control (such as a sediment trap or basin, or a pumped-water filter bag) designed to prevent discharges with visual turbidity, and the operator must not discharge visible floating solids or foam; the operator may not use receiving waters as part of the treatment area and, to the extent feasible, must use well-vegetated upland areas of the site to infiltrate dewatering water before discharge. [6][7]

Where EPA is the permitting authority, the 2022 CGP sets specific controls. For discharges to a receiving water within 50 feet of the site's earth disturbances, the operator must keep a 50-foot undisturbed natural buffer, a smaller undisturbed buffer supplemented by erosion and sediment controls that together achieve the sediment load reduction of a 50-foot buffer, or, if no buffer is feasible, controls achieving that equivalent reduction. [3][7]

Perimeter controls such as silt fence must be installed along perimeter areas downslope of exposed soil, on the contour with both ends turned upslope, and sediment must be removed before it reaches half their above-ground height; downgradient sediment controls must be installed and operational by the time construction begins in each portion of the site. Among other measures, soil stockpiles unused for 14 or more days must be covered or temporarily stabilized, and tracked-out sediment must be removed from paved areas by the end of the same business day (or the next business day if track-out occurs on a non-business day). A sediment basin, if used, must among other requirements sit outside receiving waters and natural buffers, be designed to avoid collecting water from wetlands, and be sized to store the calculated runoff from a 2-year, 24-hour storm or 3,600 cubic feet per acre drained. [7]

Under the CGP, stabilization must be initiated immediately (as soon as practicable, but no later than the end of the next business day) in any area of exposed soil where work has permanently stopped or will be inactive for 14 or more calendar days. It must be completed within 14 calendar days after it is initiated if five acres or less is disturbed at any one time, within 7 calendar days if more than five acres is disturbed at any one time, and within 7 calendar days regardless of size for sites discharging to a sediment- or nutrient-impaired water or to a water that the State, Tribe or EPA identifies as Tier 2, Tier 2.5 or Tier 3 for antidegradation purposes. Final stabilization means uniform, perennial vegetation providing 70 percent or more of the vegetative cover native to local undisturbed areas and/or permanent non-vegetative measures such as riprap, gravel, gabions or geotextiles; the Part 2.2.14c final stabilization criteria do not apply to disturbed areas on agricultural land restored to their preconstruction agricultural use. [7]

• RequirementThe federal Construction and Development effluent guidelines (40 CFR part 450, the 'C&D Rule') apply to discharges from construction activity required to obtain NPDES coverage under 40 CFR 122.26(b)(14)(x) and (b)(15) - i.e., every permitted large or small construction site - and have been effective since February 1, 2010.

  40 CFR 450.10(a), (c), (d) [6]
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  (a) This part applies to discharges associated with construction activity required to obtain NPDES permit coverage pursuant to 40 CFR 122.26(b)(14)(x) and (b)(15). ...(d) The BPT, BCT and BAT effluent limitations at §§ 450.21 through 450.23 apply to all sources not otherwise covered by paragraph (c) of this section and are effective February 1, 2010.

  Open eCFR / Office of the Federal Register (opens in a new tab)

• RequirementMinimum federal erosion and sediment control requirement for every permitted construction site: design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants, designed at a minimum to (among other things) (3) minimize the amount of soil exposed during construction; (4) minimize disturbance of steep slopes; (6) provide and maintain natural buffers around waters of the United States, direct stormwater to vegetated areas and maximize stormwater infiltration, unless infeasible; (7) minimize soil compaction, except where the intended function of a specific area of the site dictates that it be compacted; and (8) preserve topsoil unless infeasible (not required where the intended function of a specific area dictates that the topsoil be disturbed or removed).

  40 CFR 450.21(a)(3), (4), (6), (7), (8) [6]
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  Design, install and maintain effective erosion controls and sediment controls...Minimize the amount of soil exposed...Minimize the disturbance of steep slopes...natural buffers around waters of the United States, direct stormwater to vegetated areas and maximize stormwater infiltration...unless infeasible...Minimize soil compaction...not required where the intended function of a specific area of the site dictates that it be compacted...Unless infeasible, preserve topsoil. Preserving topsoil is not required where the intended function...dictates that the topsoil be disturbed

  Open eCFR / Office of the Federal Register (opens in a new tab)

• RequirementThe C&D Rule's erosion and sediment controls must also be designed, installed and maintained to (1) control stormwater volume and velocity to minimize soil erosion; (2) control stormwater discharges, including both peak flowrates and total stormwater volume, to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points; and (5) minimize sediment discharges from the site, addressing the amount, frequency, intensity and duration of precipitation, the nature of the resulting stormwater runoff, and soil characteristics.

  40 CFR 450.21(a)(1), (2), (5) [6]
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  (1) Control stormwater volume and velocity to minimize soil erosion...(2) Control stormwater discharges, including both peak flowrates and total stormwater volume, to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points;...(5) Minimize sediment discharges from the site. ...must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics

  Open eCFR / Office of the Federal Register (opens in a new tab)

• DefinitionUnder the CGP, 'steep slopes' adopts any State, Tribe, local government or industry technical manual definition; where none exists, steep slopes are those 15 percent or greater in grade.

  2022 CGP Appendix A, 'Steep Slopes' [13]
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  “Steep Slopes” – where a State, Tribe, local government, or industry technical manual (e.g., stormwater BMP manual) has defined what is to be considered a “steep slope”, this permit’s definition automatically adopts that definition. Where no such definition exists, steep slopes are automatically defined as those that are 15 percent or greater in grade.

  Open U.S. EPA (opens in a new tab)

• TimelineMinimum federal stabilization requirement: stabilization of disturbed areas must, at a minimum, be initiated immediately whenever earth-disturbing activities have permanently ceased on any portion of the site, or have temporarily ceased and will not resume for more than 14 calendar days. In arid, semiarid and drought-stricken areas where starting vegetative stabilization immediately is infeasible, alternative stabilization measures must be used as specified by the permitting authority. The permitting authority sets the deadline for completing stabilization. In limited circumstances stabilization may not be required where an area's intended function requires it to remain disturbed.

  40 CFR 450.21(b) [6]
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  initiated immediately whenever...earth disturbing activities have permanently ceased...or temporarily ceased...and will not resume for a period exceeding 14 calendar days. In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed as specified by the permitting authority. Stabilization must be completed within a period of time determined by the permitting authority...may not be required if the intended function of a specific area of the site necessitates that it remain disturbed

  Open eCFR / Office of the Federal Register (opens in a new tab)

• RequirementOther federal minimums for every permitted construction site (not a complete list): discharges from dewatering (including dewatering of trenches and excavations) are prohibited unless managed by appropriate controls; wash waters must be treated in a sediment basin or equivalent before discharge; concrete washout wastewater (unless managed by an appropriate control), fuels, oils, soaps and solvents from vehicle and equipment operation and washing are among the prohibited discharges; and basins and impoundments must discharge through outlet structures that withdraw water from the surface unless infeasible.

  40 CFR 450.21(c), (d)(1), (e), (f) [6]
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  Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls. ...Wash waters must be treated in a sediment basin or alternative control...Wastewater from washout of concrete, unless managed by an appropriate control;...Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and...Soaps or solvents used in vehicle and equipment washing. ...utilize outlet structures that withdraw water from the surface, unless infeasible.

  Open eCFR / Office of the Federal Register (opens in a new tab)

• RequirementConstruction dewatering water must be routed through a sediment control (e.g., sediment trap or basin, pumped-water filter bag) designed to prevent discharges with visual turbidity; must not discharge visible floating solids or foam; to the extent feasible, the operator must use well-vegetated upland areas of the site to infiltrate dewatering water before discharge; and receiving waters may not be used as part of the treatment area. 'Dewatering' means draining accumulated stormwater and/or ground water from building foundations, vaults, trenches, or other similar points of accumulation.

  2022 CGP Parts 2.4.1-2.4.5 and footnote 55 [7]
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  Route dewatering water through a sediment control (e.g., sediment trap or basin, pumped water filter bag) designed to prevent discharges with visual turbidity;...Do not discharge visible floating solids or foam;...the act of draining accumulated stormwater and/or ground water from building foundations, vaults, and trenches, or other similar points of accumulation. ...To the extent feasible, use well-vegetated (e.g., grassy or wooded), upland areas of the site to infiltrate dewatering water before discharge. ...You are prohibited from using receiving waters as part of the treatment area;

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• Size cutoffNatural buffers near water: for discharges to any receiving water within 50 feet of the site's earth disturbances, the operator must either (i) keep a 50-foot undisturbed natural buffer, (ii) keep a smaller undisturbed buffer supplemented by erosion and sediment controls that together achieve sediment load reduction equivalent to a 50-foot buffer, or (iii) if no buffer is feasible, use erosion and sediment controls achieving that equivalent reduction.

  Applies when: Discharges to a receiving water (a water of the U.S., per CGP Appendix A) located within 50 feet of the site's earth disturbances 2022 CGP Part 2.2.1 [7]
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  for discharges to any receiving waters that is located within 50 feet of the site’s earth disturbances. ...Provide and maintain a 50-foot undisturbed natural buffer; or...supplemented by erosion and sediment controls that achieve, in combination, the sediment load reduction equivalent to a 50-foot undisturbed natural buffer; or...If infeasible to provide and maintain an undisturbed natural buffer of any size, implement erosion and sediment controls to achieve the sediment load reduction equivalent to a 50-foot undisturbed natural buffer.

  Open U.S. EPA (opens in a new tab)

• RequirementPerimeter controls (e.g., silt fence, filter berms, compost filter socks, gravel barriers, temporary diversion dikes) must be installed along perimeter areas downslope of exposed soil, on the contour with both ends turned upslope (e.g., at 45 degrees) in a crescent, and sediment must be removed before it reaches one-half of the control's above-ground height. Downgradient sediment controls must be installed and operational by the time construction begins in each portion of the site.

  2022 CGP Parts 2.1.3, 2.2.3 and footnote 21 [7]
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  install and make operational any downgradient sediment controls...Install sediment controls along any perimeter areas of the site that are downslope from any exposed soil or other disturbed areas. ...extend both ends of the control up slope (e.g., at 45 degrees) forming a crescent rather than a straight line;...Remove sediment before it has accumulated to one-half of the above-ground height of any perimeter control...Examples of perimeter controls include filter berms; different types of silt fence...compost filter socks; gravel barriers; and temporary diversion dikes.

  Open U.S. EPA (opens in a new tab)

• RequirementOther CGP erosion and sediment control measures include: minimizing sediment track-out and removing tracked-out sediment from paved areas by the end of the same business day (or the next business day if track-out occurs on a non-business day); covering or temporarily stabilizing soil stockpiles that will be unused for 14 or more days; minimizing dust; minimizing disturbance of steep slopes; and preserving native topsoil unless infeasible.

  2022 CGP Parts 2.2.4-2.2.8 [7]
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  Minimize sediment track-out. ...remove the deposited sediment by the end of the same business day in which the track-out occurs or by the end of the next business day...For piles that will be unused for 14 or more days, provide cover 28 or appropriate temporary stabilization...Minimize dust. On areas of exposed soil, minimize dust...Minimize steep slope disturbances. ...Preserve native topsoil, unless infeasible.

  Open U.S. EPA (opens in a new tab)

• RequirementSEDIMENT BASINS (optional control; required design if used): a sediment basin or similar impoundment must be outside any receiving water and outside natural buffers; designed to avoid collecting water from wetlands; sized to store either the calculated runoff from a 2-year, 24-hour storm or 3,600 cubic feet per acre drained; fitted with outlet structures that withdraw water from the surface unless infeasible; and cleaned out to keep at least one-half of design capacity.

  Applies when: Operator elects to use a sediment basin or similar impoundment during construction 2022 CGP Part 2.2.12 [7]
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  2.2.12 If you install a sediment basin or similar impoundment:...Situate the basin or impoundment outside of any receiving water. and any natural buffers established under Part 2.2.1;...Design the basin or impoundment to avoid collecting water from wetlands;...The calculated volume of runoff from a 2-year, 24-hour storm; 34 or...3,600 cubic feet per acre drained. ...Utilize outlet structures that withdraw water from the surface of the sediment basin or similar impoundment, unless infeasible;...Remove accumulated sediment to maintain at least one-half of the design capacity

  Open U.S. EPA (opens in a new tab)

• TimelineSTABILIZATION DEADLINES under the CGP: in any area of exposed soil where work has permanently stopped or will be inactive for 14 or more calendar days, the operator must initiate stabilization immediately (as soon as practicable, but no later than the end of the next business day). Completion deadline: if total disturbance at any one time is five acres or less, complete within 14 calendar days after initiating; if more than five acres at any one time, complete within 7 calendar days after initiating. Examples of stabilization: seeding protected by erosion controls until vegetation is established, sodding, mulching, erosion control blankets, hydromulch, gravel.

  2022 CGP Part 2.2.14, Table 2 and footnote 40 [7]
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  seeding protected by erosion controls until vegetation is established, 36 sodding, mulching, erosion control blankets, hydromulch, gravel)...Five acres or less (≤5.0)...construction activities have permanently ceased or will...be temporarily inactive for 14 or more calendar days;...no later than 14 calendar days...“immediately” means as soon as practicable, but no later than the end of the next business day...More than five acres (>5.0)...soon as practicable, but no later than seven (7) calendar

  Open U.S. EPA (opens in a new tab)

• TimelineFaster stabilization for sensitive waters: sites discharging to a sediment- or nutrient-impaired water, or to a water identified by the State, Tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for antidegradation purposes, must complete stabilization no later than 7 calendar days after it is initiated, regardless of site size.

  Applies when: Discharge to a sediment- or nutrient-impaired water or a Tier 2, 2.5 or 3 antidegradation water 2022 CGP Part 2.2.14b (exceptions) [7]
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  Discharges to a sediment- or nutrient-impaired water or to a water that is identified by your State, Tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for antidegradation purposes. Complete stabilization as soon as practicable, but no later than seven (7) calendar days after stabilization has been initiated.

  Open U.S. EPA (opens in a new tab)

• ExemptionFINAL STABILIZATION under the CGP means uniform, perennial vegetation providing 70 percent or more of the vegetative cover native to local undisturbed areas and/or permanent non-vegetative measures (e.g., riprap, gravel, gabions, geotextiles). One listed exception: for disturbed areas on agricultural land that are restored to their preconstruction agricultural use, the Part 2.2.14c final stabilization criteria do not apply.

  Applies when: The agricultural-land exception applies only to disturbed areas restored to their preconstruction agricultural use 2022 CGP Part 2.2.14c and footnote 47 [7]
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  Establish uniform, perennial vegetation (i.e., evenly distributed, without large bare areas) to provide 70 percent or more of the vegetative cover native to local undisturbed areas; and/or...Implement permanent non-vegetative stabilization measures 47 to provide effective cover of any areas of exposed soil. ...(b) Disturbed areas on agricultural land that are restored to their preconstruction agricultural use. The Part 2.2.14c final stabilization criteria do not apply. ...Examples of permanent non-vegetative stabilization measures include riprap, gravel, gabions, and geotextiles.

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Who issues the permit in your state

A State Governor may submit a full description of a State NPDES permit program to EPA; the State must also submit a statement from the State attorney general (or other legal officer named in the statute) that State law provides adequate authority. EPA shall approve the program unless it determines that adequate authority does not exist. EPA says that in some cases it may issue permits within a state that has received authorization; for instance, in almost all cases it retains authority to implement the program on tribal lands. [5][11]

EPA's August 3, 2026 notice says the areas where EPA is the NPDES permitting authority include Massachusetts, New Hampshire, New Mexico, most Indian country lands, the District of Columbia, U.S. territories and protectorates except the U.S. Virgin Islands, Lands of Exclusive Federal Jurisdiction, and certain other Federal areas. EPA's State Program Authority table (last updated August 17, 2026) shows no authorized State NPDES permit program for American Samoa, the District of Columbia, Guam, Massachusetts, New Hampshire, New Mexico, the Northern Mariana Islands or Puerto Rico, and lists Pennsylvania's authorized program with the date 06/30/1978. The same table notes that Idaho's stormwater general permit authority transferred 7/1/2020 and its individual stormwater permit authority 7/1/2021. [4][5]

Appendix B of the 2022 CGP lists EPA's coverage areas region by region. Examples include the Commonwealth of Massachusetts (except Indian country) and the State of New Hampshire in Region 1, the District of Columbia in Region 3, and the State of New Mexico (except Indian country) in Region 6, where EPA also covers discharges in Oklahoma not under the authority of the Oklahoma Department of Environmental Quality or the Oklahoma Department of Agriculture and Forestry, including oil and gas activities and point source discharges associated with agricultural production, services and silviculture. [24]

Other listed areas include the Commonwealth of Puerto Rico (Region 2) and areas located at a Federal Facility in Vermont (Region 1), Delaware (Region 3) and Colorado (Region 8, except Indian country). [24]

In Region 9, Appendix B lists American Samoa, Guam, Johnston Atoll, the Commonwealth of the Northern Mariana Islands, and Midway and Wake Islands; in Region 10 it lists Denali National Park and Preserve and areas of Washington outside Indian country subject to construction activity by a Federal Operator. [24]

Appendix B also lists Indian country in many states and Lands of Exclusive Federal Jurisdiction, subject to the exceptions it lists. For Region 2 discharges outside the listed areas, EPA directs operators to their State NPDES permitting authority for coverage under a State-issued NPDES permit. [24]

• AgencyA State Governor who wants the State to administer its own NPDES permit program for discharges into navigable waters within its jurisdiction may submit to EPA a full and complete description of the program, and the State must also submit a statement from its attorney general (or other legal officer named in the statute) that State law provides adequate authority to carry out the program. EPA shall approve each submitted program unless it determines that adequate authority does not exist to carry out the functions listed in section 402(b).

  33 U.S.C. 1342(b) [11]
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  the Governor of each State desiring to administer its own permit program for discharges into navigable waters within its jurisdiction may submit to the Administrator a full and complete description of the program...such State shall submit a statement from the attorney general...that the laws of such State, or the interstate compact, as the case may be, provide adequate authority to carry out the described program. The Administrator shall approve each submitted program unless he determines that adequate authority does not exist

  Open Office of the Law Revision Counsel, U.S. House of Representatives (opens in a new tab)

• AgencyEPA's August 3, 2026 notice summarizes where EPA (rather than a State) is the NPDES permitting authority for construction stormwater: Massachusetts, New Hampshire, New Mexico, most Indian country lands, the District of Columbia, U.S. territories and protectorates except the U.S. Virgin Islands, Lands of Exclusive Federal Jurisdiction, and certain other Federal areas.

  91 FR 48862 (Aug. 3, 2026), Summary [4]
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  provide permit coverage to eligible operators in all areas of the country where the EPA is the NPDES permitting authority, including Massachusetts, New Hampshire, New Mexico, most Indian country lands, the District of Columbia, U.S. territories and protectorates except for the U.S. Virgin Islands, Lands of Exclusive Federal Jurisdiction, and certain other Federal areas.

  Open U.S. EPA / Federal Register (opens in a new tab)

• AgencyEPA's NPDES State Program Authority page explains that EPA may still issue permits within an authorized state - in almost all cases EPA retains authority on tribal lands. EPA's table shows no authorized State NPDES permit program for American Samoa, the District of Columbia, Guam, Massachusetts, New Hampshire, New Mexico, the Northern Mariana Islands or Puerto Rico; Pennsylvania, for example, shows an authorized State NPDES permit program dated 06/30/1978. Idaho's stormwater general permit authority transferred 7/1/2020 and individual stormwater permit authority 7/1/2021.

  EPA, NPDES State Program Authority (web page, last updated August 17, 2026) [5]
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  In some cases, EPA may issue permits within a state that has received authorization. For instance, in almost all cases, EPA retains authority to implement the program on tribal lands. ...American Samoa | | | | |...District of Columbia | | | | |...Guam | | | | |...Massachusetts | | | | |...New Hampshire | | | | |...New Mexico | | | | |...Northern Mariana Islands | | | | |...Pennsylvania | 06/30/1978 | 06/30/1978 |...Puerto Rico | | | | |...Authority for individual stormwater permits transferred 7/1/2021. ...2Authority for Idaho's stormwater general permits transferred 7/1/2020.

  Open U.S. EPA (opens in a new tab)

• AgencyWhere EPA (not the State) is the construction-stormwater permitting authority under the 2022 CGP - EPA Region 1, as listed in CGP Appendix B: Indian country in Connecticut, Massachusetts and Rhode Island; the Commonwealth of Massachusetts (except Indian country); the State of New Hampshire; areas of Vermont located at a Federal Facility; all other Indian country not already covered by an EPA-approved program; and Lands of Exclusive Federal Jurisdiction (except in Vermont) on EPA's listed sources - the National Park Service list names Acadia National Park.

  Applies when: Construction sites in the listed areas seek coverage from EPA; elsewhere in the Region, from the State NPDES permitting authority 2022 CGP Appendix B, Part B.1 (as modified) [24]
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  CTR10I000 Indian country within the State of Connecticut...MAR100000 Commonwealth of Massachusetts (except Indian country)...MAR10I000 Indian country within the State of Massachusetts...NHR100000 State of New Hampshire...RIR10I000 Indian country within the State of Rhode Island...VTR10F000 Areas in the State of Vermont located at a Federal Facility...1R10I000 All areas of Indian country not identified above...01R10F000 All Lands of Exclusive Federal Jurisdiction, except in the State of Vermont...The NPS list includes the following: Acadia National Park.

  Open U.S. EPA (opens in a new tab)

• AgencyWhere EPA (not the State) is the construction-stormwater permitting authority under the 2022 CGP - EPA Region 2, as listed in CGP Appendix B: Indian country in New York; the Commonwealth of Puerto Rico; all other Indian country not already covered by an EPA-approved program; and all Lands of Exclusive Federal Jurisdiction. For discharges in Region 2 outside these areas, EPA directs operators to their State NPDES permitting authority.

  Applies when: Construction sites in the listed areas seek coverage from EPA; elsewhere in the Region, from the State NPDES permitting authority 2022 CGP Appendix B, Part B.2 (as modified) [24]
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  NYR10I000 Indian country within the State of New York...PRR100000 Commonwealth of Puerto Rico...02R10I000 All areas of Indian country not identified above...02R10F000 All Lands of Exclusive Federal Jurisdiction...For stormwater discharges in EPA Region 2 outside the areas of coverage identified above, please contact your State NPDES permitting authority to obtain coverage under a State-issued NPDES permit.

  Open U.S. EPA (opens in a new tab)

• AgencyWhere EPA (not the State) is the construction-stormwater permitting authority under the 2022 CGP - EPA Region 3, as listed in CGP Appendix B: the District of Columbia; areas of Delaware located at a Federal Facility; Indian country in Virginia; all other Indian country not already covered by an EPA-approved program; and Lands of Exclusive Federal Jurisdiction on EPA's listed sources - the National Park Service list names Antietam National Battlefield, Baltimore-Washington Parkway, Battleground National Cemetery, Fredericksburg & Spotsylvania National Military Park, George Washington Memorial Parkway, Gettysburg National Military Park, Petersburg National Battlefield, and Shenandoah National Park.

  Applies when: Construction sites in the listed areas seek coverage from EPA; elsewhere in the Region, from the State NPDES permitting authority 2022 CGP Appendix B, Part B.3 (as modified) [24]
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  DCR100000 District of Columbia...DER10F000 Areas in the State of Delaware located at a Federal Facility...VAR10I000 Indian country within the State of Virginia...03R10I000 All areas of Indian country not identified above...03R10F000 All Lands of Exclusive Federal Jurisdiction,...The NPS list includes the following: Antietam National Battlefield, Baltimore-Washington Parkway, Battleground National Cemetery, Fredericksburg & Spotsylvania National Military Park, George Washington Memorial Parkway, Gettysburg National Military Park, Petersburg National Battlefield, and Shenandoah National Park.

  Open U.S. EPA (opens in a new tab)

• AgencyWhere EPA (not the State) is the construction-stormwater permitting authority under the 2022 CGP - EPA Region 6, as listed in CGP Appendix B: Indian country in Louisiana, New Mexico and Oklahoma (New Mexico and Oklahoma Indian country each with exceptions listed in Appendix B) and Texas; the State of New Mexico (except Indian country); discharges in Oklahoma not under the authority of the Oklahoma Department of Environmental Quality or the Oklahoma Department of Agriculture and Forestry, including activities associated with oil and gas exploration, drilling, operations and pipelines, and point source discharges associated with agricultural production, services, and silviculture; and all Lands of Exclusive Federal Jurisdiction.

  Applies when: Construction sites in the listed areas seek coverage from EPA; elsewhere in the Region, from the State NPDES permitting authority 2022 CGP Appendix B, Part B.6 (as modified) [24]
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  Indian country within the State of Louisiana...State of New Mexico, except Indian country...Indian country within the State of New Mexico, except Navajo...Indian country within the State of Oklahoma, except...not under the authority of the Oklahoma Department of Environmental Quality, or the Oklahoma Department of Agriculture and Forestry...oil and gas exploration, drilling, operations, and pipelines...point source discharges associated with agricultural production, services, and silviculture...Indian country within the State of Texas...All Lands of Exclusive Federal Jurisdiction

  Open U.S. EPA (opens in a new tab)

What is changing

PROPOSED, not final: on August 3, 2026, EPA published a notice in which all 10 EPA Regions propose the draft 2027 Construction General Permit for public comment; EPA proposes to issue it for five years to replace the 2022 CGP in areas where EPA is the permitting authority. EPA extended the comment deadline from September 2, 2026 to September 17, 2026; that deadline has passed. [4][8]

Under the proposal, if the 2027 CGP is finalized, operators already covered under the 2022 CGP before it expires would automatically remain covered under the 2022 CGP for a limited period of extended coverage (consistent with 40 CFR 122.6), meant to give them time to review the new permit, update their SWPPPs and submit a new NOI. [4]

Proposed erosion and sediment control changes, none of them in effect: a sediment basin's embankment and side slopes, and related conveyance structures and discharge points, would have to be stabilized after the basin is first built and before its first use; perimeter controls would be needed only for areas with the potential to receive stormwater from disturbed areas, not the entire site perimeter; the arid, semi-arid and drought stabilization deadlines would be simplified; and sites facing unforeseeable snow or frozen-ground conditions could temporarily suspend stabilization while those conditions persist. [4]

Proposed paperwork changes: the NOI would have to include either the full SWPPP, a URL where it can be viewed, or the SWPPP site map plus the signed SWPPP certification, and operators terminating coverage would no longer need to submit 'before' photos with the NOT (post-stabilization photos only). To conform to the Supreme Court's decision in City and County of San Francisco v. EPA, EPA also proposes to remove the narrative limit requiring discharges to be 'controlled as necessary to meet applicable water quality standards' and replace it with more specific narrative limits that are indicators of water quality problems in the discharge and that would apply to all CGP permittees. [4]

In that case, decided March 4, 2025, the Supreme Court held that CWA section 301(b)(1)(C) does not authorize EPA to include 'end-result' provisions in NPDES permits, meaning provisions that make a permittee responsible for the quality of the receiving water rather than specifying what the permittee must do; determining what steps a permittee must take to meet water quality standards is EPA's responsibility. [25]

PROPOSED RULE, not final: EPA's 'Updates to the National Pollutant Discharge Elimination System Definitions and Exclusions,' published September 4, 2026 with comments due October 19, 2026, would revise the regulatory definition of 'discharge of a pollutant' to implement the statutory exclusion of vessels and other floating craft that add pollutants in the contiguous zone or the ocean. EPA states the proposal is expected to only impact the addition of pollutants to waters of the contiguous zone or ocean from vessels or other floating craft. [26]

• StatusPROPOSED (not final): On August 3, 2026, EPA published a notice requesting public comment on the DRAFT 2027 Construction General Permit, which all 10 EPA Regions propose to issue for five years to replace the 2022 CGP in areas where EPA is the permitting authority. The notice set a comment deadline of September 2, 2026 (Docket EPA-HQ-OW-2025-0760); see the separate claim for EPA's extension to September 17, 2026.

  91 FR 48862 (Aug. 3, 2026), FR Doc. 2026-15656; EPA Proposed 2027 CGP web page [4]
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  ACTION: Notice; request for public comment. ...All 10 Environmental Protection Agency (EPA) Regions are proposing for public comment the draft 2027 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities...The EPA proposes to issue this permit for five (5) years...DATES: Comments on the proposed permit must be received on or before September 2, 2026.

  Open U.S. EPA / Federal Register (opens in a new tab)

• StatusPROPOSED 2027 CGP comment period (closed): EPA extended the deadline for public comments to September 17, 2026, replacing the September 2, 2026 deadline in the Federal Register notice; that extended deadline has passed. EPA held a webinar on August 18, 2026. EPA's page (last updated August 21, 2026; rechecked September 29, 2026) still describes the 2027 CGP as proposed: once it is finalized, it will replace the 2022 CGP, which EPA says expires February 16, 2027.

  EPA, Proposed 2027 Construction General Permit (CGP) and Related Documents (web page, last updated August 21, 2026) [8]
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  On August 3, 2026, EPA published its proposed 2027 CGP for a 30-day comment period. Once the CGP is finalized, it will replace the 2022 CGP, which expires on February 16, 2027...As a result of this extension, the original deadline appearing in the August 3, 2026 Federal Register notice (pdf) (258.8 KB) of September 2, 2026, no longer applies and has been replaced by the extended deadline of September 17, 2026. ...EPA hosted a webinar on August 18, 2026 ... Last updated on August 21, 2026

  Open U.S. EPA (opens in a new tab)

• StatusPROPOSED 2027 CGP: if the 2027 CGP is finalized, operators already covered under the 2022 CGP before it expires would automatically remain covered under the 2022 CGP, as described in Part 1.4.3 and Table 1 of the proposed permit, for a limited period of extended coverage (consistent with 40 CFR 122.6) intended to give them time to review the new permit, update their SWPPPs and submit a new NOI.

  91 FR 48862 (Aug. 3, 2026), Section I.F [4]
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  If the 2027 CGP is finalized, any construction site operator that obtained permit coverage under the 2022 CGP prior to its expiration date would automatically remain covered under the 2022 CGP as described in Part 1.4.3 and Table 1 of the proposed permit. The purpose of providing, consistent with 40 CFR 122.6, a limited period of extended coverage under the expired CGP to already permitted sites is to address the additional time needed by these operators to review the new permit, update their stormwater plans to conform with any new requirements, and submit a new Notice of Intent (NOI)

  Open U.S. EPA / Federal Register (opens in a new tab)

• StatusPROPOSED 2027 CGP changes to erosion and sediment controls (proposals only, not in effect): (1) where a sediment basin is used, its embankment and side slopes, and related conveyance structures and discharge points, would have to be stabilized after the basin is first built and before its first use; (2) the perimeter-control requirement would be clarified so that controls are needed only for areas with potential to receive stormwater from disturbed areas, not the entire site perimeter; (3) the arid/semi-arid/drought stabilization deadlines would be simplified; and (4) sites facing unforeseeable snow or frozen-ground conditions could temporarily suspend stabilization while those conditions persist.

  91 FR 48862, 48866 (Aug. 3, 2026), Section IV.3-IV.4 [4]
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  the sediment basin embankment and side slopes, as well as related conveyance structures and discharge points, must be stabilized following the initial construction of the basin and prior to its first use. ...perimeter controls are necessary only for areas that have the potential to receive stormwater from disturbed areas. ...establishing a more straightforward approach to determine which stabilization deadline applies. ...Provide flexibility for stabilization during sudden snow or frozen conditions...temporarily suspend the need to stabilize the site while the conditions persist.

  Open U.S. EPA / Federal Register (opens in a new tab)

• StatusPROPOSED 2027 CGP paperwork changes (proposals only): the NOI would have to include the full SWPPP, a URL where it can be viewed, or the SWPPP site map plus the signed SWPPP certification; and operators terminating coverage would no longer need to submit 'before' photos with the Notice of Termination (post-stabilization photos only).

  91 FR 48862, 48865-48866 (Aug. 3, 2026), Section IV.2, IV.4 [4]
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  the EPA proposes to require the operator to include as part of the NOI either a copy of the full SWPPP, a Uniform Resource Locator (URL) where a copy of the SWPPP can be viewed, or a copy of the SWPPP site map and the signed certification required by Part 7.2.10. ...the EPA proposes to no longer require operators to submit before photos with their NOT form.

  Open U.S. EPA / Federal Register (opens in a new tab)

• StatusPROPOSED 2027 CGP: to conform to the Supreme Court's decision in City and County of San Francisco v. EPA, EPA proposes to remove the narrative limit requiring discharges to be 'controlled as necessary to meet applicable water quality standards' and replace it with more specific narrative limits that are indicators of water quality problems in the discharge, applying to all CGP permittees.

  91 FR 48862, 48865 (Aug. 3, 2026), Section IV.1 [4]
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  The proposed changes to the permit include removing a narrative limitation that required discharges to be ``controlled as necessary to meet applicable water quality standards'' and replacing it with a set of more specific narrative limits that are indicators of water quality problems in the discharge. ...The proposed change in the 2027 CGP would make these indicator conditions applicable to all CGP permittees.

  Open U.S. EPA / Federal Register (opens in a new tab)

• StatusPROPOSED RULE (not final): 'Updates to the National Pollutant Discharge Elimination System Definitions and Exclusions,' published September 4, 2026 (comments due October 19, 2026), would revise the regulatory definition of 'discharge of a pollutant' to implement the statutory exclusion of vessels and other floating craft that add pollutants in the contiguous zone or the ocean. EPA states the proposed rulemaking is expected to only impact the addition of pollutants to waters of the contiguous zone or ocean from vessels or other floating craft.

  91 FR 56819 (Sept. 4, 2026), FR Doc. 2026-18134, Summary and Section V.A [26]
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  ACTION: Proposed rule. ...The proposal would revise the regulatory definition of ``discharge of a pollutant'' to reflect and faithfully implement the statutory exclusion of vessels and other floating craft that add pollutants in the contiguous zone or the ocean...DATES: Comments must be received on or before October 19, 2026. ...This proposed rulemaking is expected to only impact the addition of pollutants to waters of the contiguous zone or ocean from vessels or other floating craft.

  Open U.S. EPA / Federal Register (govinfo) (opens in a new tab)

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