Construction General Permit

2019 Construction General Permit Reissuance Update:

On June 30, 2019, the Construction General Permit (CGP) expired for over 6000 permittees with active permits.  DEQ is processing requests for reissuance under the 2019 Construction General Permit as expeditiously as possible. Coverage letters are being emailed to the operators immediately upon approval under the 2019 CGP.  Operators who have submitted a 2019 registration statement and are awaiting the 2019 CGP coverage approval letter, please update your Stormwater Pollution Prevention Plan (SWPPP) to include a copy of your completed 2019 registration statement submittal.

Due to the high call, email and mail volume we are receiving, our response time has greatly increased.  Thank you for your patience as we work hard to assist everyone.

2019 Reissuance Information

The existing General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) expired on June 30, 2019.  Operators with active permit coverages who will continue land-disturbance after June 30, 2019 were required to reapply for permit coverage by submitting a new, 2019 registration statement to the appropriate VSMP authority no later than May 1, 2019.  The VSMP Authority for each local government jurisdiction is listed here: VSMP Authorities.

There is no new issuance permit fee for reissuing permit coverage, however, DEQ will not reissue permit coverage until all incurred Annual Permit Maintenance Fees are paid in full.

DEQ is accepting registration statements by US postal mail (DEQ, PO Box 1105, Richmond, VA 23218) or email (constructiongp@deq.virginia.gov).  ALL HAND DELIVERIES MUST BE SCHEDULED IN ADVANCE. If DEQ is not your VSMP Authority, please contact your locality for submittal instructions.


Who Must Apply for General Permit Coverage

Operators of construction activities resulting in land disturbance:

  • equal to or greater than one acre; or
  • less than one acre and are part of a larger common plan of development or sale that ultimately disturbs one or more acres

A common plan of development or sale is a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules. Permit coverage is required if one acre or greater of land will be disturbed, regardless of the size of the individually owned or developed sites. For example, if a developer buys a 20-acre lot and builds roads with the intention of building homes or other structures in the future, or if the land is parceled off or sold, and construction occurs on plots that are less than an acre by separate, independent builders, these activities would still be subject to stormwater permitting requirements. A larger common plan of development or sale applies to various types of land development including but not limited to residential, commercial or industrial use.


Single-Family Detached Residential Structures

The submission of a registration statement and the development of a project-specific Stormwater Pollution Prevention Plan (including project-wide erosion and sediment control and stormwater management plans) are required for a residential common plan of development or sale.  As single family detached residential properties are transferred to new owners or operators within a common plan of development or sale, the new owner or operator is automatically authorized to discharge under the general permit and is not required to submit a registration statement or the Department of Environmental Quality portion of the permit fee (additional fees to the local VSMP Authority may apply).  Operators must comply with the terms and conditions of the general permit provided that they comply with the terms and conditions of the general permit including the preparation of a Stormwater Pollution Prevention Plan (SWPPP) for each new single family detached residential structure.  Please print the required information below:

For permit coverage effective July 1, 2019 through June 30, 2024:

Please note that single-family detached residential structures that disturb less than one acre of land and that are not part of a larger common plan of development or sale (e.g., subdivision); including additions or modifications to existing single-family detached residential structures, do not require coverage under the general permit. However, localities subject to the provisions of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) may regulate these single-family residences where land disturbance is equal to or greater than 2,500 square feet.


Stormwater Pollution Prevention Plans (SWPPP)

The general permit requires that the construction activity operator obtaining permit coverage develop and implement a site specific SWPPP. The SWPPP must be prepared prior to submitting a registration statement for permit coverage to the VSMP Authority or DEQ. The SWPPP is to be retained at the construction site along with a copy of the general permit and general permit coverage letter. The permitted operator has the lead in developing, implementing and maintaining the SWPPP and committing the resources necessary to prevent pollution. The local VSMP Authority or DEQ staff may conduct site inspections for compliance with the general permit.

The SWPPP outlines the steps and techniques to reduce pollutants in the stormwater runoff from the construction site that the operator will take to comply with the terms and conditions of the permit, including water quality and quantity requirements that are consistent with the VSMP permit regulations. The SWPPP also specifies all potential pollutant sources that could enter stormwater leaving the construction site and covers methods used to reduce pollutants in stormwater runoff during and after construction.  A complete list of SWPPP requirements is contained in Part II of the Construction General Permit.


Permit Processing Requirements

 
Land-Disturbing Activities Where the Locality is the VSMP Authority

Many localities in Virginia administer a Virginia Stormwater Management Program (VSMP).  Under a local VSMP, stormwater management plans, VPDES Stormwater Construction General Permit registration statements, notices of termination, permit modifications and transfer of ownership agreements are to be submitted to the local VSMP Authority where the land-disturbing activity occurs.  Please contact the local VSMP Authority for additional instructions on permit processing.  VSMP Authorities for each locality are listed here: VSMP Authorities

Land-Disturbing Activities Where DEQ is the VSMP Authority

DEQ’s VSMP Authority administers permit coverage for land-disturbing activities that are:

  • within a locality that is not a VSMP Authority;
  • owned by the State or Federal government; or
  • utilizing approved Annual Standards and Specifications.

When DEQ is the VSMP authority, stormwater management plans, VPDES Stormwater Construction General Permit registration statements, notices of termination, permit modifications and transfer of ownership agreements are to be submitted to DEQ.

For public or private projects in localities where DEQ is the VSMP authority or state or federal projects not authorized under an approved Annual Standards and Specifications Program, submit the Construction General Permit Application Package to the DEQ Regional Office that serves the area where the construction activity is located.

For state, federal, electric, natural gas, telephone utility, interstate and intrastate natural gas pipeline, and railroad projects authorized under an approved Annual Standards and Specification Program, DEQ is the VSMP Authority. For entities with approved Annual Standards and Specifications, submit the Construction General Permit Application Package to the DEQ Central Office.

Construction General Permit Fees

For projects where DEQ is the VSMP Authority, please do not submit your payment with Construction General Permit Application Package.  DEQ will invoice you prior to permit coverage approval.  The VSMP Fee Schedule will be used to determine invoiced amount based upon the disturbed acreage listed on your submitted registration statement.  Please ensure that you that you include an email address on your registration statement so that DEQ may email the invoice.  The email provides instructions that allows you to pay by online by credit card as well as to pay by mail with a check or money order. 

Reference Materials

 
Stormwater Documents:
State Water Control Law and Associated Regulations:
Useful Links:
EPA Resources:
General Permit List
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Virginia Department of
Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000


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