General Reference Guide

The SWPPP Compliance Process: NOI to NOT

A step-by-step overview of the construction stormwater compliance lifecycle — from pre-construction planning through permit termination. Each phase includes required waiting periods and identifies when federal, state, municipal, and other interested parties may need to be involved.

Important: This guide describes the general SWPPP compliance process under the federal Construction General Permit framework. Requirements can vary significantly from state to state — and even between jurisdictions within the same state (e.g., MS4 overlay permits, special watershed protections, local grading ordinances). Always verify the specific requirements of your state, county, and municipality before beginning a project. Use the state-by-state guides for jurisdiction-specific details.

Federal AgencyState DEQ/DEPLocal MunicipalityProject Team = waiting period
Phase 1 of 72–6 weeks

Pre-Construction Planning & Site Evaluation

Before any earth is moved, the project must determine permit applicability, identify receiving waters, assess site conditions, and establish the regulatory framework. This phase sets the foundation for the entire compliance effort.

Owner/DeveloperEngineer of RecordState/Federal AgencyLocal Municipality
1

Calculate total land disturbance (including all phases and the common plan of development) to determine if the 1-acre NPDES threshold is triggered.

Owner/DeveloperEngineer
2

Identify all receiving water bodies within the project's drainage area. Check the state 303(d) impaired waters list — discharges to impaired waters may trigger enhanced BMP requirements or individual permit coverage.

Environmental ConsultantState Agency
3

Conduct Endangered Species Act (ESA) and National Historic Preservation Act (NHPA) eligibility screening. Federal permits require documented compliance with both.

ESA/NHPA screening: 2–4 weeks if consultation required

Federal — USFWSFederal — SHPO/THPO
4

Determine whether the project falls under state-administered NPDES or EPA-administered NPDES. This determines which agency receives your NOI, which permit applies, and the fee structure.

State DEQ/DEP or EPA Region
5

Check for local MS4 (Municipal Separate Storm Sewer System) overlay requirements. Many cities and counties require a separate local stormwater permit on top of the state/federal CGP.

Municipal Public WorksCounty Flood Control
Phase 2 of 71–4 weeks depending on project complexity

SWPPP Plan Development & Design

The Stormwater Pollution Prevention Plan is the core compliance document. It must be site-specific, address all construction phases, and include BMP selections, inspection protocols, and corrective action procedures.

SWPPP Preparer/ConsultantCivil EngineerOwner/Developer
1

Prepare a site description with project location (latitude/longitude), total acreage, expected disturbance area, soil types (NRCS Web Soil Survey), pre- and post-construction drainage maps, and receiving water identification.

2

Design the erosion and sediment control plan for all construction phases. Select BMPs appropriate for local climate, soils, slope, and proximity to sensitive waters. Federal CGP requires natural buffer preservation (minimum 50 ft from water bodies where feasible).

SWPPP PreparerCivil Engineer
3

Document BMP installation sequencing — perimeter controls, inlet protection, and stabilized construction entrances must be in place before any land disturbance begins.

4

Establish the inspection schedule per the applicable permit: typically every 7 calendar days, OR every 14 days plus within 24 hours of a qualifying rain event (threshold varies by state — 0.25" to 0.5").

5

Include spill prevention and response procedures, concrete washout containment, dewatering protocols, and good housekeeping requirements for materials storage, waste management, and sanitary facilities.

6

If the state requires a licensed professional to prepare or certify the SWPPP (varies by state), ensure the preparer holds the applicable credential. Some states accept CPESC; others require a licensed PE.

PE/credential verification: 1–2 weeks if not already in place

State Licensing Board
Phase 3 of 71–4 weeks (varies greatly by state)

Notice of Intent (NOI) Filing & Permit Coverage

The NOI is the formal application for stormwater permit coverage. Filing requirements, fees, and waiting periods vary significantly between state-administered and EPA-administered programs.

Operator/OwnerState DEQ or EPA RegionLocal Municipality
1

Complete the NOI form with project details: operator information, site location, receiving waters, estimated disturbance acreage, and ESA/NHPA eligibility determinations. The SWPPP must be finalized before NOI submission.

Operator/Owner
2

Submit electronically through the applicable portal. EPA-administered states use NeT (NPDES eReporting Tool). State-administered programs have their own portals (e.g., TCEQ STEERS in TX, myDEQ in AZ, Ecology PARIS in WA).

State DEQ Portal or EPA NeT
3

Pay the NOI filing fee. Fees vary widely: $0 (EPA-administered NM), $200 (EPA CGP federal), $325 (TX), $500 (AZ), $1,100+ (OR). Some states have tiered fees based on project acreage.

Account registration/approval: 1–5 business days for new users

4

Wait for permit coverage to become effective. EPA CGP requires a mandatory 14-day waiting period after NOI submission. Many state programs provide immediate coverage upon receipt of a complete NOI and fee. Check your specific state.

EPA: 14 days mandatory. State programs: immediate to 30 days depending on state.

Regulatory Agency
5

Post the required site notice at the main construction entrance with the operator name, permit tracking/authorization number, and emergency contact information. The sign must be visible from a public right-of-way.

6

Notify any downstream MS4 operators if required by the local jurisdiction. Some municipalities require written notification before construction begins within their stormwater drainage area.

Local MS4 Operator
Phase 4 of 7Duration of active construction

BMP Installation & Active Construction

With permit coverage secured, construction can begin. All erosion and sediment controls specified in the SWPPP must be installed before land disturbance starts and maintained throughout the project.

General ContractorSWPPP InspectorSubcontractors
1

Install perimeter controls first: silt fence, sediment barriers, and diversions along the downslope boundary of the disturbance area. Storm drain inlet protection must be in place before grading begins.

2

Establish stabilized construction entrances at all site exits to public roads. Tracking pads, wheel wash stations, or rumble grates prevent sediment tracking off-site.

3

Set up concrete washout areas, material storage containment, fuel/chemical secondary containment, and designated waste management areas per the SWPPP.

4

Stabilize disturbed areas that will be inactive for 14+ consecutive days. Methods include temporary seeding, mulching, erosion control blankets, or chemical stabilizers depending on climate and season.

5

For projects near water bodies, maintain the vegetated buffer zone specified in the SWPPP. The federal CGP requires a 50-foot natural buffer where feasible — some states require more.

USACE (if Section 404 applies)State Agency
6

In arid/semi-arid regions, implement dust control measures (water application, chemical suppressants, wind barriers). In PM10 nonattainment areas (e.g., Maricopa County AZ), a separate air quality dust permit may be required.

County Air Quality Department (where applicable)
Phase 5 of 7Duration of construction + 3-year record retention

Routine Inspections, Storm-Event Response & Monitoring

Regular inspections are the backbone of SWPPP compliance. Inspectors assess BMP condition, document findings, identify deficiencies, and trigger corrective actions. Missing or incomplete inspections are the most common enforcement violation.

SWPPP InspectorSite SuperintendentRegulatory Agency
1

Conduct routine inspections on the schedule specified by your permit. Most permits offer two options: every 7 calendar days, OR every 14 calendar days plus within 24 hours of a qualifying rain event.

2

Rain event thresholds vary by state: 0.25 inches (EPA CGP, NM, CO, ID), 0.5 inches (AZ, TX, most state programs). Install and monitor an on-site rain gauge — automated gauges with data logging are recommended.

3

Document every inspection in writing: date, time, weather conditions, inspector name, BMP status (functioning/needs repair/failed), evidence of discharge, and corrective actions needed with deadlines. Photographs are strongly recommended.

4

When deficiencies are found, initiate corrective action within 24 hours. If repairs cannot be completed before the next rain event, document the reason and expected completion date. Update the SWPPP if corrective actions change the BMP plan.

Corrective action initiation: within 24 hours of discovery

5

Report any unauthorized discharge, bypass, or non-compliance event to the regulatory agency. Most permits require oral notification within 24 hours and written follow-up within 5 days.

Reporting: 24 hours oral, 5 days written

State DEQ or EPA Region
6

Retain all inspection records for at least 3 years after the Notice of Termination is filed. Records must be available to the regulatory agency upon request.

Phase 6 of 730–120 days after construction completion

Final Stabilization & Permanent Controls

Before the permit can be terminated, all disturbed areas must achieve final stabilization. This is often the most time-consuming phase, especially in arid climates or projects with large exposed areas.

SWPPP InspectorLandscape ContractorCivil Engineer
1

Standard criteria: uniform perennial vegetative cover with a density of at least 70% of the pre-disturbance native vegetation across all disturbed areas not covered by permanent structures.

2

Arid/semi-arid alternative: in areas where annual rainfall is insufficient to support perennial vegetation, permanent non-vegetative stabilization is accepted — riprap, gravel, decomposed granite, geotextile fabric, or desert landscaping. Document the justification in the SWPPP.

3

Remove all temporary BMPs (silt fence, sediment basins, temporary diversions) once permanent stabilization is confirmed and upstream areas are no longer contributing sediment.

4

Ensure all permanent post-construction stormwater management features (detention basins, infiltration systems, permanent drainage channels) are installed and operational per the site plan.

Civil EngineerLocal Building/Planning Department
5

Conduct a final site inspection documenting that all stabilization criteria are met, all temporary controls are removed, and permanent features are functional. Date-stamped photographs are essential.

Vegetation establishment: 30–120 days depending on climate and season

Phase 7 of 72–6 weeks from final stabilization to NOT acceptance

Notice of Termination (NOT) & Permit Closeout

The NOT formally ends your stormwater permit coverage. It must be filed only after all final stabilization criteria are met. Filing prematurely can result in enforcement action.

Operator/OwnerState DEQ or EPA Region
1

Submit the NOT electronically through the same portal used for the NOI (EPA NeT or state portal). Include the final inspection date, confirmation of final stabilization, and the original permit tracking number.

State DEQ or EPA Region
2

NOT filing fees: most states and the EPA CGP charge no fee for NOT submission. A few states assess a nominal processing fee.

3

The regulatory agency may conduct a final compliance inspection after receiving the NOT. Ensure the site remains in compliance until formal acknowledgment of termination is received.

Agency review: typically 1–4 weeks for acknowledgment

Regulatory Agency (possible inspection)
4

Remove the construction site entrance sign after NOT acceptance. Archive all SWPPP documentation, inspection reports, corrective action logs, rainfall records, and amendment history for the required retention period.

Record retention: minimum 3 years after NOT acceptance

5

If the project transferred ownership during construction, the new operator must file a separate NOT or confirm assumption of permit coverage. Verify all operator transfers were properly documented with the agency.

New Operator (if applicable)Regulatory Agency