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Who needs a SWPPP?

Every operator of a construction site that disturbs 1 acre or more, or less than 1 acre as part of a larger common plan of development or sale that will disturb 1 acre or more, needs construction stormwater permit coverage, and the permit requires a SWPPP. Under EPA's 2022 Construction General Permit the SWPPP must be written before the Notice of Intent. EPA 2022 CGP Part 1.1.1, 1.1.2, 1.4.1

National guide. The rules cited are from EPA's 2022 Construction General Permit (as modified in 2025), checked October 20, 2026, which applies where EPA is the permitting authority. Most states issue their own permit with different details; check your state before relying on a number.

Sources last checked October 19, 2026. Prepared by our team led by Mohamed Elansary, PhD, with AI research tools. We are not a licensed engineering firm and do not seal plans.

General information; your permit text controls. Not legal advice and not engineering judgment. We make no promise of permit coverage, agency acceptance or compliance.

The acreage test

Disturbs 1 acre or more of land: covered. EPA 2022 CGP Part 1.1.2
Disturbs less than 1 acre but is part of a common plan of development or sale that will ultimately disturb 1 acre or more (for example, one lot in a subdivision): covered. EPA 2022 CGP Part 1.1.2
Designated by EPA as needing coverage under 40 CFR 122.26(a)(1)(v) or (b)(15)(ii): covered. EPA 2022 CGP Part 1.1.2

Federal rules define large construction as 5 acres or more and small construction as 1 to under 5 acres; both need permit coverage. Small construction excludes routine maintenance done to keep the original line and grade, hydraulic capacity or original purpose of a facility. 40 CFR 122.26(b)(14)(x) and (b)(15)

Who is the "operator"

Under EPA's permit an operator is a party with control over the construction plans and specifications, or with day-to-day operational control of the activities needed to comply. Each operator needs its own coverage, and several operators can share one SWPPP. Subcontractors generally are not operators. EPA 2022 CGP Part 1.1.1, 7.1

The small construction waiver

Federal rules let the permitting authority waive small construction sites (1 to under 5 acres) where the rainfall erosivity factor (R) is less than 5 for the construction period, among other options. 40 CFR 122.26(b)(15)(i) EPA's 2022 CGP sets out its waivers and how to certify one in Appendix C. EPA 2022 CGP Appendix C Many states have their own waiver rules, and some do not offer one.

Which permit applies

EPA issues the Construction General Permit only where it is the permitting authority. Its Appendix B lists those areas: New Hampshire, Massachusetts (except Indian country), New Mexico (except Indian country), the District of Columbia and Puerto Rico, plus Indian country in many states and certain federal facilities. EPA 2022 CGP Appendix B Every other state issues its own construction general permit, and its rules can differ from EPA's in numbers that matter on site, such as the rain total that triggers an inspection. Of the EPA-permitted states, our checkout is open for New Hampshire and Massachusetts, with the conditions shown on coverage by state.

State differences

States set their own filing rules for the same acreage. In Texas, for example, a small site (1 to under 5 acres) writes an SWP3 and posts a site notice but files no NOI, while the primary operator of a large site files an NOI in STEERS. TXR150000 Part II.E.2-3 Details for Texas are on TCEQ SWPPP requirements; other states are on their hubs: Alaska, Arizona, Arkansas, Colorado, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, Nebraska, Nevada, New Hampshire, New York, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Texas, Utah, Washington, West Virginia.

What to do next

Add up the disturbed area, including support activities such as staging, borrow and stockpile areas. EPA 2022 CGP Part 1.2.1, 7.2.3
Check whether the site is part of a larger common plan.
Find the permit that covers the site: EPA or the state.
Write the SWPPP, then file the NOI or post the notice the permit requires. See Notice of Intent and SWPPP sign.

What this page does not cover

Industrial facility permits, MS4 programs, local grading permits and individual permits. This page summarizes EPA's permit and federal rules; your state's permit controls where the state is the permitting authority.

Have it written for you

SWPPP Desk prepares site-specific SWPPPs from your drawings for construction sites in the states we cover (coverage by state), for a fixed price, delivered the next business day after your inputs are complete. Small site (1 to under 5 acres): $449. Large site (5 acres or more): $749. Background: all guides.

Small site: $449 Large site: $749