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Stormwater Discharges from Small Construction Activities

Requirements for stormwater permits for construction sites that disturb at least 1 acre but less than 5 acres; or are part of a common plan of development where the total soil disturbance of the collective activities is at least 1 acre but less than 5 acres.

Caution: If your project is part of a larger common plan of development, and the total number of acres disturbed under the plan is 5 acres or more, then your project is not a small construction activity. You must comply with the requirements for Construction Activities Disturbing 5 or More Acres.

Obtaining Authorization

When you disturb less than 5 acres (but at least 1 acre) of land there are several ways to obtain authorization under the general permit depending on the specifics of your construction activity:

  1. For a small construction activity you may follow the steps necessary for coverage under the notice option.

  2. If you disturb less than 1 acre of land, you do not need coverage under this general permit to discharge stormwater, unless your project is part of a larger common plan development.

  3. If construction is to take place in a particular county during a particular time period when erosion is expected to be minimal (see Appendix A of TXR150000), you may be eligible for regulation under the Low Potential for Erosion Requirements.

  4. If the potential for soil to wash away during your construction activity is low, you may qualify for the Low Rainfall Erosivity Waiver.

  5. Even if you are eligible for coverage under a general permit, you may opt to request coverage under an individual permit.

We encourage you to Contact us if you have difficulty determining which method of authorization best meets your particular circumstance.