New York
New York issues its own construction general permit. We have read SPDES Construction General Permit (CGP) GP-0-25-001 for Stormwater Discharges from Construction Activities 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
Conditional, depends on the siteNew York gates plan preparation conditionally. The gate is triggered by plan scope rather than acreage: Only where the plan includes the Stormwater Management Practice component. Confirm which case applies to your plan before relying on a generated document.
Qualifying routes
New York gates only when the stormwater management practice component is required. An erosion-control-only plan is not gated. An erosion-and-sediment-control-only plan has NO preparer credential requirement. The 4-hour NYSDEC training qualifies a person only under the direct supervision of a licensed PE or RLA. Reconciled against the jurisdiction registry, which found a preparer requirement this entry had missed. Where the two sources disagreed we kept the stricter answer.
Coverage trigger
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.
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.
As a prerequisite for submitting the eNOI, the owner or operator must prepare a SWPPP in accordance with Part III before the eNOI can be submitted.
As prerequisites for submitting an eNOI, the owner or operator must: a. prepare a SWPPP for Part I.D.1.a., b., c., or d. in accordance with Part III.
NY does not use a fixed number of days before construction like federal's typical rule; instead, construction may not commence until NYSDEC issues a Letter of Authorization (LOA) following a complete eNOI submission, and the owner/operator is authorized to start only as of the date stated in the LOA.
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.
The owner or operator is authorized to commence construction activity as of the authorization date indicated in the Letter of Authorization (LOA), which is sent by NYSDEC after a complete eNOI is submitted.
For construction sites where soil disturbance activities are on-going, standard inspection frequency.
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 construction sites where soil disturbance activities are on-going, the qualified inspector must conduct a site inspection at least once every seven (7) calendar days
A person knowledgeable in the principles and practices of erosion and sediment control, such as a licensed Professional Engineer, Certified Professional in Erosion and Sediment Control (CPESC), Registered Landscape Architect, New York State Erosion and Sediment Control Certificate Program holder, or other NYSDEC-endorsed individual — or a person working under the direct supervision of, and at the same company as, such a PE or Landscape Architect who has received 4 hours of NYSDEC-endorsed erosion/sediment control training (renewed every 3 years).
Why this applies here: This is why Basinwise cannot perform your inspections. The permit requires a trained person physically on the site.
Qualified Inspector – a person that is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed Professional Engineer, Certified Professional in Erosion and Sediment Control (CPESC), Registered Landscape Architect, New York State Erosion and Sediment Control Certificate Program holder or other NYSDEC endorsed individual(s).
Application of soil stabilization measures must be initiated by the end of the next business day after the current soil disturbance activity ceases (permanently or temporarily).
Why this applies here: This applies at both land disturbance amounts.
In areas where soil disturbance activity has ceased, whether permanently or temporarily ceased, the application of soil stabilization measures must be initiated by the end of the next business day
Begin within 1 business day; complete within 5 business days
if the corrective action does not require engineering design: i. begin implementing corrective actions within one business day; and ii. complete the corrective actions within five business days
Begin the engineering design process within 5 business days; complete the corrective action in a reasonable time frame but no later than 60 calendar days.
if the corrective action requires engineering design: i. begin the engineering design process within five business days; and ii. complete the corrective action in a reasonable time frame but no later than within 60 calendar days
Erosion and sediment controls must be selected, designed, installed, implemented, and maintained to provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas, and maximize stormwater infiltration to reduce pollutant discharges, unless infeasible.
Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas and maximize stormwater infiltration to reduce pollutant discharges, unless infeasible
Owner/operator must retain the SWPPP, inspection reports, and other Part I.E.3 documents, plus a copy of the Notice of Termination, for at least 5 years from the date NYSDEC accepts a complete NOT.
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 owner or operator must retain a copy of the documents listed in Part I.E.3. and a copy of the LOT for a period of at least five years from the date that NYSDEC accepts a complete NOT submitted in accordance with Part V.
Your acreage, your receiving water, your answer. Runs in your browser, nothing is transmitted.
This is EPA's list, from the 2022 Construction General Permit. It does NOT govern in New York, 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.
Read the permit itself at the source document.
New York issues its own construction general permit, and we have read SPDES Construction General Permit (CGP) GP-0-25-001 for Stormwater Discharges from Construction Activities. 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 New York State Department of Environmental Conservation (NYSDEC).
New York gates plan preparation conditionally. The gate is triggered by plan scope rather than acreage: Only where the plan includes the Stormwater Management Practice component. Confirm which case applies to your plan before relying on a generated document.
The inspection frequency is set by the New York construction general permit, which we have not read. Confirm it with New York State Department of Environmental Conservation (NYSDEC).
Screening is free. Pro generates the site specific plan document and retains the inspection and corrective action log.