Development Community Information
Phase II Construction RequirementsPhase II of the stormwater program applies to all construction activities disturbing one or more acres of land, or if the site is less than one acre but part of a larger common plan of development. (Such as a large subdivision.) These sites must obtain an NPDES permit before any earth-moving activities begin. The NDEQ may require construction sites disturbing less than one acre of land to obtain a stormwater discharge permit if such activities would adversely affect water quality.
In order to comply with Phase II of the stormwater program, review all requirements contained in the NDEQ construction permit. The steps below are a brief outline of what must be done as part of your permitting process. These steps are not inclusive and the NDEQ construction permit must be referenced and followed for full compliance:
- Determine which parties are considered "operators" responsible for complying with the Phase II requirements.
- Complete and submit a Notice of Intent (NOI) with all required form work to NDEQ before construction activities that will cause land disturbance begin.
- Develop a Stormwater Pollution Prevention Plan (SWPPP) prior to the start of construction. The SWPPP does not need to be submitted to NDEQ, but must be kept on the construction site and accessible to everyone during construction activities.
- Implement the SWPPP, including completion of inspection reports that must be kept on site.
- Complete final stabilization of the site.
- Complete and submit a Notice of Termination (NOT) to the NDEQ.
The SWPPP must include the following:
- Site description identifying potential sources of pollution that may affect the quality of stormwater water discharges.
- Appropriate best management practices (BMP), including erosion, sediment, and stormwater management controls to minimize the discharge of pollutants from the site to the maximum extents practical.
- Description of steps taken to prevent and control pollutants in stormwater discharge from the site, including inspection of all disturbed areas and maintenance of all controls to ensure their effective operation.
- The individual responsible for the SWPPP implementation.
For more information on how to comply with the stormwater program regulations, see the NDEQ website or the EPA’s fact sheet "Storm Water Management for Construction Activities". More information about NPDES stormwater permits and assistance on filling out required paperwork can be obtained by contacting NDEQ.
For more information and links to State permits, visit Educational Resources.