Resources

Frequently asked questions, helpful links, and information on the process for submitting complaints.

Frequently Asked Questions Regarding Earth Disturbance Activities

Questions from municipalities have surfaced due to the Chapter 102 (Erosion and Sediment Control) changes in November 2010. This is an approach to answer those questions that are most frequently asked.
Q: What types of permits would a municipality need to withhold approval for until NPDES permit approval is issued?

With the exception of local stormwater approvals or authorizations, a municipality or county may not issue a building or other permit or approval to those proposing or conducting earth disturbance activities requiring a Department permit until the Department or District has issued/approved the written E&S plan and/or NPDES permit.

Q: When is a written E&S (Erosion & Sediment) plan, NPDES (National Pollutant Discharge Elimination System) permit approval, and a PCSM (Post Construction Stormwater Management) plan required?

A. According to Chapter 102.4(b): For earth
disturbance activities other than agricultural plowing or tilling or animal heavy use areas, the following E&S requirements apply:

    1. The implementation and maintenance of E&S BMPs (Best Management Practices) are required in all watersheds when earth disturbance activities are less than 5,000 square feet. In addition to the implementation and maintenance of E&S BMPs, a written E&S plan is required upon the District’s request in Special Protection watersheds, HQ or EV (High Quality or Exceptional Value).
    2. The implementation and maintenance of E&S BMPs and a written E&S plan are required in all watersheds when earth disturbance activities range from 5,000 square feet to less than one acre.
    3. The implementation and maintenance of E&S BMPs, a written E&S plan, NPOES permit approval, and a PCSM plan are required in all watersheds when earth disturbance activities are one acre or more, prior to issuance of building and/or other municipal permits.
    4. The implementation and maintenance of E&S BMPs, a written E&S plan, and a Chapter 105 (Water Obstruction and Encroachments) permit are required in all watersheds when earth disturbance activities are located adjacent to, and within existing drainage features, such as streams and wetlands.