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Low Rainfall Erosivity Waiver for Qualifying Small Construction Activities

Waiver available to construction projects where the site's erosivity factor is less than 5, the total project under a common plan of development will disturb at least 1 but no more than 5 acres, and the project qualifies for General Permit TXR150000. Links to relevant forms and rules.

If the potential for soil to wash away during your construction activity is low, you may qualify for the Low Rainfall Erosivity Waiver of Construction General Permit TXR150000. These are the basic steps to determine whether this waiver applies to your project:

  1. Review your facility's compliance history ranking.

    • If your facility has no compliance history ranking or has a ranking of "high" or "satisfactory," continue to Step 2.

    • If it is "unsatisfactory," then your facility is not eligible for coverage under a general permit.

  2. Read construction general permit TXR150000 to make sure that your small project is considered a small construction activity as defined in this general permit. If not, then you may not obtain this waiver. If so, continue to Step 3.

  3. Calculate the erosivity factorExit the TCEQ of the construction site. The erosivity factor must be less than 5 to qualify for this waiver.

If your project qualifies, sign and submit a Low Rainfall Erosivity Waiver (LREW) form electronically through the ePermitting system in STEERS unless you qualify for an electronic waiver. If submitting an electronic LREW is infeasible, please contact the TCEQ Stormwater Program for questions regarding LREW paper submissions.With this waiver in force:

With this waiver in force:

  • You must adhere to the applicable waiver requirements of General Permit.
  • You are not required to develop and implement a storm water pollution prevention plan.

  • If the operator changes, the new operator must seek a waiver or obtain coverage under this general permit at least 10 days before the change.

  • If construction will extend beyond the waiver period, then you must recalculate the site's erosivity factor and do one of the following:

    • submit a new waiver 2 days before the current one expires

    • seek coverage under other provisions of this general permit

This particular general permit will expire at midnight on March 5, 2023.

Contact us if you have questions.