Skip to Content

NPDES Stormwater Construction Permit

Who Needs An NPDES Stormwater Construction Permit?

Operators of construction sites involving clearing, grading or excavation that result in an area of disturbance of one or more acres, and activities that result in the disturbance of less than one acre if it is part of a larger common plan of development or sale. Please note this rule applies to construction activities begun before March 10, 2003, if one or more acres will be disturbed on or after March 10, 2003.

Permitted activities have included housing subdivisions, commercial and industrial buildings, golf courses, utility lines, sewage treatment plants, and roads. Various land clearing activities such as borrow pits for fill material have also been covered under this general permit.

What Information Must I Provide?

Applicants must submit the following information:

» A completed and signed Notice of Intent (NOI) for Construction Activity - Stormwater Discharges (see link below). The NOI must include a map on 8 ½ inch by 11 inch paper with boundaries 1-2 miles outside the site property with the site and construction area outlined and the receiving water or receiving storm sewer highlighted and identified. It is preferable for this map to be the appropriate portion of a USGS 7.5-minute quadrangle map.

» A site-specific SWPPP (Stormwater Pollution Prevention Plan) must be developed and submitted with the NOI. The SWPPP must be developed, implemented, and updated according to Part 3 of the CGP (Construction General Permit).

Completed Notices of Intent must be sent to the appropriate Environmental Field Office.

Form Description Number Form
Notice of Intent (NOI) for General NPDES Permit for Stormwater Discharges from Construction Activities (TNR100000) CN-0940 PDF
Notice of Termination (NOT) for General NPDES Permit for Stormwater Discharges from Construction Activities (CGP) CN-1175 PDF
Construction Stormwater Inspection Certification (Twice-Weekly Inspections) CN-1173 PDF
Notice of Intent (NOI) & Stormwater Pollution Prevention Plan (SWPPP) Checklist CN-1440 PDF

How Will My Application Be Processed?

Upon receipt of the NOI, the Division will send a letter of coverage to the applicant.

What Fees Are Required?

0400-40-11 Environmental Protection Fund Fees

Effective July 1, 2014, permit fees for the Construction Stormwater General Permit have been revised. In addition to the application fee, annual maintenance fees are required for projects that exceed one year. The permit application fee should accompany the NOI application form.

The permit application fee range is as follows:

CGP Fee per Acres of Project
Project equal to or greater than 150 acres $10,000
Project equal to or greater than 50 acres and less than 150 acres $6,000
Project equal to or greater than 20 acres and less than 50 acres $3,000
Project equal to or greater than 5 acres and less than 20 acres $1,000
Project equal to or greater than 1 acres and less than 5 acres $250
Seeking subsequent coverage under an actively covered larger common plan of development or sale * $100

* All Primary Operators must submit an NOI for CGP coverage. There are two types of Primary Operators (Initial and Subsequent). Initial Primary Operators are those that submit a SWPPP for the entire proposed larger common plan of development or sale. Their fee is determined by the acreage of the site. The $100 fee category applies to subsequent Primary Operators. This fee is to cover administrative costs associated with updating and tracking permit coverage for subsequent Primary Operators.

CGP activities that exceed one year under general permit coverage
Project equal to or greater than 150 acres $3,750
Project equal to or greater than 50 acres and less than 150 acres $2,000
Project equal to or greater than 20 acres and less than 50 acres $1,000
Project equal to or greater than 5 acres and less than 20 acres $500
Project equal to or greater than 1 acres and less than 5 acres $125
Seeking subsequent coverage under an actively covered larger common plan of development or sale $0

What Are My Rights And Responsibilities After The Permit Is Issued?

A permittee who has submitted an NOI and received permit coverage has the duty to comply with all provisions of the general permit, statutes, and regulations. Coverage under the general permit does not relieve the permittee of the responsibility for damages to surface or ground water. The permittee must maintain records of checks and repairs on site or at a nearby office. These records must be maintained for a minimum of three (3) years. The permittee must notify the Division of any changes to their NOI information. The NOI is not transferable and new owners must submit a new NOI. If the operation experiences any emergency that could impact the waters of the state, they must notify the Division as detailed in the regulations.

What Are The Division's Rights And Responsibilities After The Permit Is Issued?

The Division and other authorized representatives of the U.S. Environmental Protection Agency have the right to inspect the site and associated records at reasonable times. They also have the right to sample discharge of pollutants. The Division may terminate permit coverage for any applicant who violates the state statutes, departmental regulations, or terms of the general permit. Any person who violates or fails to comply with the state statutes, rules, or regulations may be subject to civil and/or criminal penalties.

Permitted Sites

List of Permitted Construction Sites, Statewide
Water Resources
Permits Data Viewer
Permitted Construction Sites in Memphis - for MS4s

Whom Do I Contact For Applications, Assistance And Other Sources of Information?

Applicants may obtain Notice of Intent forms from any TDEC Environmental Field Office or the Division of Water Resources.

Applicants may refer to the following publications:

» Construction Stormwater General Permit
» Rationale for Construction Stormwater General Permit
» Construction General Permit - Notice of Determination (NOD)
» TCA § 69-3-108: Tennessee Water Quality Control Act of 1977
» Fundamentals of Erosion Prevention and Sediment Control Workshop Schedule
» Erosion and Sediment Control Handbook
» Storm Water Pollution Prevention Plan (SWPPP) for Single Family Residential Homebuilding Sites (CN-1249)
» EPA Stormwater Pollution Prevention Plan SWPPP Guide
» Stormwater Fact Sheet CGP