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Delaware

SWPPP requirements in Delaware

Delaware issues its own construction general permit. We have read General Permit Authorization for Discharges from Construction Activities Under the NPDES and the Laws of the State of Delaware and list below the requirements we could cite to it, with the scope limits stated plainly. Screen your own acreage further down.

Who may prepare the plan

A credentialed preparer is required

Delaware requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.

Qualifying routes

  • Licensed landscape architect
  • Licensed surveyor
  • PE

Must sign and seal. The section 3.7 Standard Plan path is an alternative for qualifying small sites.

Verified7 DE Admin Code 5101 sections 3.8.1 and 2.0Source

Coverage trigger

Worked through at 3 acres

The project disturbs 3 acres, at or above the 1 acre threshold, so it needs permit coverage.

The trigger people miss is the second one. A half acre lot inside a 40 acre subdivision is covered, because the larger common plan of development or sale is what counts, not the lot.

Read these before you act on the answer

  • Requirements below are what we have read and cited directly from General Permit Authorization for Discharges from Construction Activities Under the NPDES and the Laws of the State of Delaware, not the federal CGP. A category we have not yet transcribed from this permit is omitted here rather than assumed to match EPA's rule.
  • This is Delaware's 2026 CGP (effective March 11, 2026; expires March 10, 2031). Delaware's permit contains no numeric turbidity/pH/TSS benchmarks -- DNREC relies on BMP-based performance standards instead, so numericLimitsAndBenchmarks is omitted entirely. Delaware requires weekly maintenance inspections plus separately-cadenced 7-day 'construction reviews' uniformly, with no reduced/increased frequency tied to arid conditions or 'sensitive waters' -- inspection.routine.biweeklyPlusRain, inspection.increased.sensitiveWaters, and inspection.reduced.aridSemiAridDrought are all omitted. Delaware's 14-day stabilization-completion deadline does not vary by disturbed acreage, so a custom id (state.de.stabilization.complete.allSites) was used rather than force-fitting the acreage-tiered federal ids. No fixed calendar-day NOT deadline was found -- it is event/condition-triggered, not day-count. No distinct corrective-action 'identify' documentation deadline separate from the minor/major-fix deadlines was found.
  • Delaware requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.
  • Basinwise does not perform the physical site inspections the permit requires. Those must be carried out on site by a qualified person.

What the permit requires of a Delaware site

Worked for a three acre site with the receiving water unconfirmed. Each line says why it attached to this site rather than in general. Check the notes above for the site sizes this permit does not cover.

Filing

Plan before Notice of Intent

Plan must be approved and NOI accepted prior to onset of construction activity

The Plan must be approved, and the NOI accepted by the Department prior to the onset of construction activity at the site for which coverage has been granted. Failure to obtain an approved Plan prior to construction activity constitutes a violation.
VerifiedDelaware NPDES CGP (eff. 3/11/2026), Part 1.E.1 Sediment and Stormwater Management PlanSource
Notice of Intent deadline

Submit before commencing construction activities; the exact lead time is not recorded for this id.

Why this applies here: This is the deadline for a new site. A transfer to a new operator or an emergency related project has a different deadline.

Owner/Operator of a New Site (i.e. a site where construction activities commence on or after March 11, 2026) — NOI Submittal Deadline: Prior to sediment and stormwater plan approval.
VerifiedDelaware NPDES CGP (eff. 3/11/2026), Part 1.C.2 Table 1Source
Notice of Termination deadline

Submit the Notice of Termination once a termination condition is met; the exact deadline is not recorded for this id.

Once the conditions of termination of coverage are achieved in accordance with Part 1.F.2 of this CGP, the authorized permittee of the site must submit a Notice of Termination.
VerifiedDelaware NPDES CGP (eff. 3/11/2026), Part 1.C.10 and 1.F.2Source

Inspections

Inspection frequency, option 1
7

At least once every 7 calendar days.

Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.

For the purposes of this Part, the operator(s) must conduct maintenance inspections of erosion and sediment controls and constructed stormwater management measures at least weekly.
VerifiedDelaware NPDES CGP (eff. 3/11/2026), Part 1.E.2 MonitoringSource
Who may inspect

Responsible Personnel or a Certified Construction Reviewer (CCR), each having completed a Department-sponsored certification/training course

Why this applies here: This is why Basinwise cannot perform your inspections. The permit requires a trained person physically on the site.

The person(s) inspecting the site must be a responsible person or a CCR. The responsible person and CCR must have successfully completed a Department-sponsored certification course.
VerifiedDelaware NPDES CGP (eff. 3/11/2026), Part 1.E.2 and 1.E.6.1Source

Stabilisation

Initiate stabilisation

Immediately, meaning no later than the end of the next business day after activities cease.

Why this applies here: This applies at both land disturbance amounts.

Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing, grading, excavating or other earth disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days.
VerifiedDelaware NPDES CGP (eff. 3/11/2026), Part 1.D.2.1.bSource

Corrective action

Corrective action, minor fix

Confirm the exact minor-fix deadline against the cited permit section.

When the problem does not require a new or replacement control or significant repair, the corrective action must be completed by the close of the next business day.
VerifiedDelaware NPDES CGP (eff. 3/11/2026), Part 1.E.7.2.bSource
Corrective action, major fix

Confirm the exact major-fix deadline against the cited permit section.

When the problem requires a new or replacement control or significant repair, install the new or modified control and make it operational, or complete the repair, no longer than seven (7) calendar days from the time of discovery.
VerifiedDelaware NPDES CGP (eff. 3/11/2026), Part 1.E.7.2.cSource

Buffers

Natural buffer

Provide and maintain a natural buffer or equivalent erosion and sediment controls near surface waters; the exact distance is not recorded for this id.

For any discharges to waters of the State located within 50 feet of the site's earth disturbances, one of the following alternatives must be achieved: a. Provide and maintain a 50-foot undisturbed natural buffer supplemented by erosion and sediment controls; or b. If it is infeasible to provide and maintain a 50-foot undisturbed natural buffer, implement erosion and sediment controls to achieve the sediment load reduction equivalent to a 50-foot undisturbed natural buffer.
VerifiedDelaware NPDES CGP (eff. 3/11/2026), Part 1.D.1.1Source

Records you must keep

Record retention

Retain inspection reports and the corrective action log; the exact retention period is not recorded for this id.

Why this applies here: The clock runs from permit expiry or termination, not from when the record was written, so on a multi year project every record stays live for the whole project plus three years.

The operator(s) shall retain records of all information required by this CGP for a minimum of three (3) years following acceptance of the NOT.
VerifiedDelaware NPDES CGP (eff. 3/11/2026), Part 1.E.3 RecordkeepingSource

Screen a Delaware site now

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Screen your site

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Total land disturbance over the whole project, including staging and access. This decides whether you need a permit at all.

Optional. If you phase the work, the most that will be disturbed at once. Leave blank if the whole site is open together. The stabilisation deadline turns on this figure, not the total.

A half acre lot inside a 40 acre subdivision is covered even though the lot alone is under the threshold. This is the most commonly missed trigger in the permit.

Receiving water and site conditions(optional, but they change the inspection frequency)

May allow a reduced inspection frequency during the seasonally dry period.

EPA keeps permitting authority in Indian country even inside a state that runs its own programme.

No account, no card, nothing transmitted.

What a plan has to cover, under the federal permit

This is EPA's list, from the 2022 Construction General Permit. It does NOT govern in Delaware, where the state issues its own permit and sets its own contents. It is here as a shape to expect, not as the requirement you will be held to.

General SWPPP requirementPart 7.1Verified
  • All operators associated with a construction site under this permit must develop a SWPPP consistent with Part 7 prior to their submittal of the NOI. The SWPPP must be kept up-to-date throughout coverage under this permit. If a SWPPP was prepared under a previous version of this permit, the operator must review and update it before submitting an NOI.
All Site OperatorsPart 7.2.1Verified
  • Include a list of all other operators who will be engaged in construction activities at the site, and the areas of the site over which each operator has control.
Stormwater TeamPart 7.2.2Verified
  • Identify the personnel (by name and position) on the stormwater team pursuant to Part 6.1, their individual responsibilities, and which members are responsible for conducting inspections. Include verification that each member has received the Part 6.2 training, and documentation that inspection personnel have received the Part 6.3 training (EPA inspector training certificates, or documentation of a current non-EPA program certification plus confirmation the program satisfies the Part 6.3b minimum elements).
Nature of Construction ActivitiesParts 7.2.3a - 7.2.3iVerified
  • A description of the nature of your construction activities, including the age or dates of past renovations for structures undergoing demolition
  • The size of the property (in acres, or length in miles if a linear construction site)
  • The total area expected to be disturbed by the construction activities (to the nearest quarter acre, or nearest quarter mile if a linear construction site)
  • A description of any on-site and off-site construction support activity areas covered by this permit
  • The maximum area expected to be disturbed at any one time, including on-site and off-site construction support activity areas
  • A description and projected schedule for: commencement of construction activities in each portion of the site (clearing and grubbing, mass grading, demolition, site preparation, final grading, and creation of soil and vegetation stockpiles requiring stabilization); temporary or permanent cessation of construction activities in each portion; temporary or final stabilization of exposed areas for each portion; and removal of temporary stormwater controls and construction equipment or vehicles and cessation of construction-related pollutant-generating activities
  • A list and description of all pollutant-generating activities on the site, with an inventory of pollutants or pollutant constituents associated with each, taking into account where potential spills and leaks could occur and any known hazardous or toxic substances such as PCBs and asbestos that will be disturbed or removed
  • Business days and hours for the project
  • If conducting construction activities in response to a public emergency, a description of the cause of the emergency, information substantiating its occurrence (e.g. a State disaster declaration), and a description of the construction necessary to reestablish affected public services
Site MapParts 7.2.4a - 7.2.4kVerified
  • Boundaries of the property
  • Locations where construction activities will occur, including: locations of earth-disturbing activities (noting any phasing) including demolition; approximate slopes before and after major grading (noting any steep slopes); locations where sediment, soil or other construction materials will be stockpiled; any receiving water crossings; designated points where vehicles will exit onto paved roads; locations of structures and other impervious surfaces upon completion; and locations of on-site and off-site construction support activity areas
  • Locations of any receiving waters within the site and all receiving waters within one mile downstream of the site's discharge point(s), identifying whether any are listed as impaired or identified as a Tier 2, Tier 2.5 or Tier 3 water
  • Any areas of Federally listed critical habitat within the action area of the site
  • Type and extent of pre-construction cover on the site (e.g. vegetative cover, forest, pasture, pavement, structures)
  • Drainage patterns of stormwater and authorized non-stormwater before and after major grading activities
  • Stormwater and authorized non-stormwater discharge locations, including discharges to storm drain inlets (noting whether the inlet conveys stormwater to a sediment basin, sediment trap or similarly effective control), discharges directly to receiving waters, and locations where turbidity benchmark monitoring will take place
  • Locations of all potential pollutant-generating activities identified in Part 7.2.3g
  • Designated areas where construction wastes covered by the Part 2.3.3e.ii exception will be stored
  • Locations of stormwater controls, including natural buffer areas and any shared controls utilized to comply with this permit
  • Locations where polymers, flocculants or other treatment chemicals will be used and stored
Non-Stormwater DischargesPart 7.2.5Verified
  • Identify all authorized non-stormwater discharges in Part 1.2.2 that will or may occur.
Procedures for Inspection, Maintenance, and Corrective ActionParts 7.2.7a - 7.2.7eVerified
  • The inspection schedule you will follow, based on whether your site is subject to Part 4.2 or Part 4.3, or whether it qualifies for any of the reduced inspection frequencies in Part 4.4
  • If conducting inspections under Part 4.2.2, Part 4.3 or Part 4.4.1b, the location of the rain gauge or the address of the weather station you will use to obtain rainfall data
  • If reducing your inspection frequency in accordance with Part 4.4.1b, the beginning and ending dates of the seasonally defined arid period for your area or the valid period of drought
  • If reducing your inspection frequency in accordance with Part 4.4.3, the beginning and ending dates of frozen conditions on your site
  • Any maintenance or inspection checklists or other forms that will be used
Procedures for Turbidity Benchmark Monitoring from Dewatering Discharges (if applicable)Part 7.2.8Verified
  • If required to comply with the Part 3.3 turbidity benchmark monitoring requirements, describe the procedures you will follow to collect and evaluate samples, report results to EPA, keep records of monitoring information, and take corrective action when necessary. Include the specific type of turbidity meter you will use and any manuals or manufacturer instructions on how to operate and calibrate it. Describe any coordinating arrangement with other permitted operators on the same site, including which parties are tasked with specific responsibilities. If EPA has approved an alternate turbidity benchmark, include the data and documentation relied on to request it.
Compliance with Other RequirementsParts 7.2.9a - 7.2.9cVerified
  • Threatened and Endangered Species Protection: include the documentation required in the Endangered Species Protection section of the NOI in NeT, or the ESA worksheet in Appendix D, supporting your eligibility
  • Historic Properties: include the documentation required in Appendix E supporting your eligibility with regard to the protection of historic properties
  • Safe Drinking Water Act Underground Injection Control (UIC) requirements: if using infiltration trenches, commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults/chambers/devices designed to capture and infiltrate stormwater, or drywells, seepage pits or improved sinkholes, document any contact with the applicable State agency or EPA Regional Office responsible for underground injection wells. Such controls would generally be considered Class V UIC wells
SWPPP CertificationPart 7.2.10Verified
  • Your signatory must sign and date your SWPPP in accordance with Appendix G, Part G.11.
Post-Authorization Additions to the SWPPPParts 7.2.11a - 7.2.11cVerified
  • A copy of your NOI submitted to EPA along with any correspondence exchanged between you and EPA related to coverage under this permit
  • A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID (i.e. permit tracking number)
  • A copy of this permit (an electronic copy easily available to the stormwater team is also acceptable)

Read the permit itself at the source document.

What people ask about SWPPP requirements in Delaware

What are the SWPPP requirements in Delaware?

Delaware issues its own construction general permit, and we have read General Permit Authorization for Discharges from Construction Activities Under the NPDES and the Laws of the State of Delaware. The requirements listed on this page, such as inspection frequency, who may inspect, stabilisation, corrective action and record retention, are cited to that permit rather than to EPA's. Anything we have not transcribed is left out instead of assumed to match the federal rule, and the scope note on this page says which sites the permit does not cover. Confirm the current permit and any site-size variant with Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Watershed Stewardship, Sediment and Stormwater Management Program.

Who may prepare a SWPPP in Delaware?

Delaware requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.

How often must a Delaware site be inspected?

The inspection frequency is set by the Delaware construction general permit, which we have not read. Confirm it with Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Watershed Stewardship, Sediment and Stormwater Management Program.

Who may prepare a stormwater plan in Delaware

The permit makes you keep the record, not just know the answer

Screening is free. Pro generates the site specific plan document and retains the inspection and corrective action log.