Storm Water Discharges from Small Construction Activities

Caution: If your project is part of a larger common plan of development, and the total number of acres disturbed under the plan is 5 acres or more, then your project is not a small construction activity. You must comply with the requirements for Construction Activities Disturbing 5 or More Acres.

When you disturb less than 5 acres (but at least 1 acre) of land there are several ways to obtain authorization under the general permit depending on the specifics of your construction activity:

1. For a small construction activity you may follow the steps necessary for coverage under the notice option.

2. If you disturb less than 1 acre of land, you do not need coverage under this general permit to discharge storm water.

3. If construction is to take place in a particular county during a particular time period when erosion is expected to be minimal (see Appendix A of TXR150000 {PDF}), you may be eligible for regulation under the Low Potential for Erosion Requirements (HTML). (Help with downloading files.)

4. If the potential for soil to wash away during your construction activity is low, you may qualify for the Low Rainfall Erosivity Waiver.

5. Even if you are eligible for coverage under a general permit, you may opt to request coverage under anindividual permit.

6. If your activity is associated with the production or exploration of oil and gas, your project may be under the jurisdiction of the Texas Railroad Commission and you may need authorization under the NPDES program.