Determining Eligibility
The Construction Stormwater General Permit (CSGP) requires projects to obtain permit coverage prior to land-disturbing activities. The CSGP applies to all "construction activity" that results in the disturbances of one (1) acre or more of land area. Areas smaller than one (1) acre are also regulated under the CSGP if the project is part of a "larger common plan of development or sale". The following information is a summary of the requirements of the CSGP. It is important to review specific information that is contained within the CSGP.
The CSGP is available at:
The following are definitions from the CSGP:
- Construction Activity - land-disturbing activities and land-disturbing activities associated with the construction of infrastructure and structures. This term does not include routine ditch or road maintenance or minor landscaping projects.
- Land-Disturbing Activity - any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading.
- Larger Common Plan of Development or Sale - a plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its own use".
Land Disturbance Calculation
Under the CSGP, projects are regulated where land disturbance is projected to be greater than or equal to one (1) acre. The land disturbance must be calculated for all proposed land-disturbing activities that will be associated with a project site. Land disturbance includes grading, soil disposal, and stockpiling that exposes soil material to stormwater. Activities associated with land disturbance include grading, the installation of infrastructure (i.e. roads, stormwater drainage systems, etc.), utility work, and construction within developments and on individual building lots.
Land disturbance is the primary factor that should be utilized to determine whether a construction/land-disturbing activity will require permit coverage under the CSGP. While this determination can be projected by the project site owner, there are special circumstances that apply to the CSGP for multi-lot projects. Below are guidelines listed in the CSGP that will assist in calculating land disturbance.
Multi-lot Projects
A multi-lot project is defined as a project where a property is prepared for development, including but not limited to the installation of infrastructure (i.e. roads, stormwater drainage systems, etc.), utility work. A multi-lot project also includes building lots. The project site owner should estimate all land-disturbing activities that will be associated with the overall project by adding the total projected area of land disturbance including all site improvements, such as roads, utilities and/or common areas and expected land disturbance for each individual lot based on the criteria below:
- Single Family Residential Lots within a multi-lot project:
- Size of the lot is one half (0.5) acre or more - the land disturbance is assumed to be one half (0.5) acre.
- Size of the lot is less than one half (0.5) acre - the land disturbance is assumed to be the actual size of the lot.
- Commercial, Industrial, and multi-family dwellings: land disturbance on each individual lot is estimated as follows:
- Once each individual lot is prepared to be developed, a minimum of one (1) acre disturbed must be used for each lot. To further clarify, all operators on each out lot associated with the multi-lot commercial project must obtain their own permit coverage regardless of lot size. This requirement applies to these projects as they are considered part of a larger common plan of development.
Requirements Associated with Lots within a Permitted Project Site (Multi-lot)
Permit Coverage
Permit coverage must be obtained by the overall developer (project site owner) of the multi-lot project. As each lot(s) is sold, the following responsibilities apply based on the type of development.
- Residential within a Permitted Project site: For lots within the larger permitted site, the individual lot operator/builder (Residential Lot) is not required to submit his/her own Notice of Intent. The operator/builder may operate under the overall permit obtained for the larger development. However, each operator/builder must complete a “Construction Stormwater Residential Development Registration” form (State Form 53049 - IDEM: Forms).
Note: Based on compliance with the CSGP, IDEM may require an operator/builder to obtain permit coverage and no longer operate under the overall developer.
As an alternative, the individual lot operator/builder (Residential Lot) may choose to submit a Notice of Intent (NOI) for the activities that will be performed at the project site. This approach is commonly initiated by larger builders. - Commercial within a Permitted Project site: For lots within the larger permitted site, the individual lot operator/builder is required to submit his/her own Notice of Intent and obtain their own permit coverage. Regardless of the size of the building lot, the operator/builder must obtain permit coverage. Permit coverage is required as these types of projects are considered part of a larger common plan and are often associated with a high percentage of impervious surfaces.
Development of a Construction/Stormwater Pollution Prevention Plan
The overall developer of a project site that has obtained permit coverage is required to develop a plan that meets the requirements of the Construction Stormwater General Permit (CSGP).
- Residential lots within a multi-lot development: For lots within a larger permitted site, the individual lot operator/builder (Residential Lot) is required to develop a specific stormwater pollution prevention plan for their lot(s). The plan is not required to be submitted for review or a Notice of Intent required, provided the operator/builder has completed the Construction Stormwater Residential Development Registration” form (State Form 53049 - IDEM: Forms) and is operating under the permit of the overall developer.
IDEM will accept a building lot stormwater pollution prevention plan that is included in the overall plan for the entire project with the expectation that the operator/builder will implement the plan. The Construction Stormwater Residential Development Registration” form is still required.
Note: If it is determined that operations occurring at the building lot are out of compliance, the agency representative may require the individual lot operator/builder to file a Notice of Intent. This decision will be based on the conditions and compliance level associated with the individual lot in question. - Commercial lots within a multi-lot development or stand-alone projects: The Project Site Owner of a commercial, industrial, or multi-family lot are required to file their own construction/stormwater pollution prevention plan (SWP3) and Notice of Intent regardless of the lot size or land disturbance when the project is associated with a multi-lot development.
Applicability of Specific Project Types and Operations
The following is a list of common project types and operations and how the Construction Stormwater General Permit (CSGP) applies to each activity. IDEM has also developed a Guidance Document [PDF] that summarizes the various types of projects and lists each requirement.
Strip Developments
A strip development is defined as a multi-lot project that fronts on an existing road. A strip development is considered one project site. These projects are subject to the CSGP and must comply, provided the projected combined land disturbance is one (1) acre or more.
Note: a project would not qualify as a strip development if the platted parcels were part of a larger common plan of development or sale. In this situation the project would be considered a residential development.
Strip developments may or may not include land-disturbing activities associated with grading or the installation of infrastructure. Strip developments that include initial grading and/or the installation of infrastructure must include the projected land disturbance for these operations plus the projected land disturbance for each lot. Strip development that will not require any initial grading or installation of infrastructure are still required to comply with the Rule, provided that the projected land disturbance of each individual lot combined is one (1) acre or more. The Rule clarifies calculation of land disturbance on each individual lot by utilizing the information contained in the Land Disturbance Section of this manual.
Single Family Residences (Stand-Alone)
A single-family residential dwelling that is not part of a multi-lot project or a larger common plan of development or sale must obtain permit coverage where the projected land disturbance is one (1) acre or more. Prior to submitting the Notice of Intent a construction/stormwater pollution prevention plan is required and must be submitted for review.
Land disturbance for single family residential lot is limited to those activities associated with construction of a dwelling, garage, driveways, septic system, and other essential to the residence. Land-disturbing activities that are not considered essential include, but are not limited to ponds, out buildings, etc. These types of activities will require submittal of a construction/stormwater pollution prevention plan and permit coverage based on the one (1) acre land disturbance threshold.
Commercial Construction (Stand-Alone)
Commercial projects that are not part of a larger common plan of development where the projected land disturbance is one (1) acre or more of land disturbance are required to develop/submit a Construction/Stormwater Pollution Prevention Plan and a notice of intent.
Land disturbance for these activities is calculated based on the actual projected land disturbance.
Off-site Construction Activities that Provide Services to a Project
Many projects require the construction or installation of special services for the project. These activities include, but are not limited to, the construction of road extensions, storm/sanitary sewers, water, and other utilities. These activities are required to be permitted under the CSGP. The Construction/Stormwater Pollution Prevention Plan (SWP3) for the overall project should include off-site activities if the Project Site Owner is required to construct or manage the construction of these activities. If this is an unknown requirement at the time of initial SWP3/Notice of Intent submittal, the Project Site Owner can amend the SWP3/Notice of Intent for activities of less than one (1) acre. However, if the activity is one acre or more, the Project Site Owner must develop and submit a separate Construction/Stormwater Pollution Prevention Plan and a Notice of Intent. This information should be submitted in accordance with procedures as required by the CSGP.
In some instances, a local governmental entity or utility will construct, manage, and extend these services to the development or project area. In these situations, the governmental entity or utility will be directing the operations associated with the construction and will be required to develop and submit a Construction/Stormwater Pollution Prevention Plan and a Notice of Intent, provided the construction/land-disturbing activities result in one (1) acre or more.
Gas and Oil Exploration
The U.S. EPA has excluded gas and oil exploration from the federal stormwater regulations. This exclusion includes stormwater run-off at oil and gas exploration, production, processing and treatment operations and transmission facilities where the run-off consists entirely of flows from conveyances such as pipes and ditches for rainwater collection, provided that the run-off is not contaminated by contact with raw materials or wastes. Indiana also recognizes this exclusion.
Agricultural Activities / Operations
Requirements of the Construction Stormwater General Permit (CSGP) do not apply to persons involved in agricultural land-disturbing activities. However, the definition of an agricultural land-disturbing activity does not include the construction of:
- Barns
- Out Buildings
- Roads Associated with Infrastructure
- Applies primarily to road that are being constructed to provide access to a facility, barn, out building, etc.
- Farm lanes are not subject to the rule or used in the land disturbance calculation if it is being used to access a crop field or pasture.
- Waste Lagoons and Facilities
- Lakes and Ponds
- Wetlands (constructed)
- Other Infrastructure.
Land disturbance associated with the construction of these facilities are required to comply with the CSGP. Agricultural activities that are exempt include tillage, planting, cultivation, harvesting, and operations to produce agricultural, nursery, or vegetative crops. The exemption also applies to pasture renovation and establishment, construction of agricultural conservation practices, and the installation of drainage tile. Agricultural conservation practices include waterways, terraces, water and sediment control basins (WASCOB), and grade stabilization structures.
Forest Harvesting Operations
The Construction Stormwater General Permit (CSGP) identifies forest harvesting operations as being exempt from permit coverage. Harvesting operations include the actual area where the forest product is being cut, including skid roads. However, specific operations are not considered exempt and must be considered when estimating land disturbance. These operations include staging areas, access roads, and haul roads.
Any forest harvesting activity that is being conducted in preparation for land development, construction of roads, or other facilities is not considered a forest harvesting activity and are not exempt. These projects are subject to the CSGP provided the land disturbance is projected to be one (1) acre or more.
Coal Mining
Permit coverage under the Construction Stormwater General Permit (CSGP) is not required for coal mining operations. Stormwater discharges from coal mine operations and coal mine reclamation areas are regulated by IDEM under Rule 7 (327 IAC 15-7) and by permits issued through the Indiana Department of Natural Resources, Division of Reclamation. The Division of Reclamation also regulates shale mining.
Sand, Gravel, Dimensional Stone, or Crushed Stone Quarries
Mining activities may be regulated by IDEM under a Rule 6 (327 IAC 15-6) and/or a Sand and Gravel or Dimensional Stone mining permit (formerly Rule 12 [(327 IAC 15-12]). Construction Stormwater General Permits (CSGP) may be required for the removal of overburden from new facilities or for the expansion of a facility that does not have existing permit coverage under Rule 6.
Municipal Solid Waste Landfills or Landfills Certified for Closure
The following are not required to file for General Permit coverage under the Construction Stormwater General Permit (CSGP):
- Landfills that have been issued a certification of closure under 329 IAC 10.
- Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the department under 329 IAC 10 that contains equivalent storm water requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
If it is determined that a project meets the applicability requirements of the CSGP, the project site owner is required to obtain general permit coverage prior to the initiation of any land-disturbing activities.
Additional Information
For more information regarding the applicability requirements of the CSGP, please email the Stormwater Program at Stormwat@idem.IN.gov or contact the appropriate staff member.