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What Is a "Common Plan of Development"?

Brief explanation of this term in the context of construction stormwater permitting rules.

A construction activity is part of a larger common plan of development or sale if it is completed in one or more of the following ways:

  • in separate stages
  • in separate phases
  • in combination with other construction activities

It is identified by the documentation that identifies the scope of the project including such things as the following:

  • plats
  • blueprints
  • marketing plans
  • contracts
  • building permits
  • public notice or hearing
  • zoning requests

It can include one operator or many operators.

Example: A subdivision is being built. You are grading 0.75 acres, another company is clearing 4 different acres, and a contractor is excavating another 0.5 acres. In this case, the total area that would be disturbed is 5.25 acres, so each operator would fall under the requirements associated with disturbing 5 or more acres.

Contact us if you have questions.