Construction Stormwater General Permit - NPDES

What is the purpose of this permit?
Stormwater runoff from construction sites can carry muddy water, debris, and chemicals into local waterways. Sediments, chemicals, and debris can harm aquatic life and reduce water quality. Requirements in this permit help control and reduce water pollution.
Who issues this permit?
Department of Ecology
What activities require this permit?
Ecology requires construction site operators to have Construction Stormwater General Permit coverage if they are engaged in clearing, grading, and excavating activities that disturb one or more acres and discharge stormwater to surface waters of the state.

The permit is also required if clearing, grading or excavating activities disturb an area smaller than 1 acre if it is part of a "larger common plan of development or sale" that will disturb 1 acre or more and discharge stormwater to surface waters of the state or a conveyance system that drains to surface waters of the state. 

"Surface waters of the state" are broadly defined by state law and include lakes, rivers, ponds, streams, inland waters, salt waters and all other surface waters and watercourses within the jurisdiction of the State of Washington. 

In addition to these permit triggers, Ecology reserves the right to require permit coverage at a construction site of any size, if Ecology believes that the site may be a significant contributor of pollutants to surface waters of the State of Washington or reasonably expects the site to cause a violation of any water quality standards. 

For more information, please go to the Construction Stormwater General Permit homepage.
How much will this permit cost?
There is a one-time application fee and an annual fee for this permit. For current fees, see the Permit Fee Schedule in WAC 173-224-040 (4.c) or contact Ecology.
Where can I get the application for this permit?
The application is called 'Notice of Intent (NOI)' is online and can be accessed at https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater-general-permits/Construction-stormwater-permit.
Do I need to include anything with my application?
A complete application must include certification that the public notice and State Environmental Protection Act (SEPA) requirements have been met. The applicant must prepare a Stormwater Pollution Prevention Plan (SWPPP) before starting construction, but does not typically need to submit it with the application. There are a few limited exceptions when Ecology will request a SWPPP at the time of application. 

Site operators who expect to have a discharge to waterbodies of the state that are on the 303(d) "Impaired Water Body" list will be required to provide Ecology with information in advance of permit coverage, and will be required to complete the Construction Stormwater General Permit: Proposed New Discharge to an Impaired Waterbody form. Ecology will provide this form to applicants after we determines that the receiving waterbody is impaired. 

To lookup whether a water body is on the 303(d) list of Impaired Water Bodies, visit https://ecology.wa.gov/Water-Shorelines/Water-quality/Water-improvement/Assessment-of-state-waters-303d.
Is the decision on my permit dependent on anything besides the information in my application?
When making the decision on a permit, Ecology will consider the applicable laws and rules, the contents of the application, and the background environmental conditions.

The applicant must submit the application for coverage at least 60 days before discharging stormwater from construction activity and must submit it on or before the first newspaper publication date of the public notice. Information provided in the public notice must coincide with the application.

The application for coverage has a public review requirement. This means that the public may submit comments regarding the project to Ecology during the 30-day public comment period. If any comments are received, Ecology must review and respond to the comments and take them into consideration when making the decision to issue or deny permit coverage.
How long will it take to review my application?
WAC 173-226-200 and RCW 90.48.170: Application for permits shall be made at least 60 days prior to commencement of any proposed discharge or permit expiration date, whichever is applicable. See the Permit Timeliness Results below for average processing times.
Where do I submit my application?
You should submit your electronic application through the Water Quality Permitting Portal at https://secureaccess.wa.gov/ecy/wqwebportal/. 

To access the WQWebPortal, you must first register for Secure Access Washington (SAW). For additional information about SAW, visit: https://support.secureaccess.wa.gov/.

If you need help, contact the appropriate regional office or the general permit writer noted here: https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater-general-permits/Construction-stormwater-permit. 
Schematic:
View the schematic
How long is my permit valid?
The statewide general permit expires every five years. Coverage under the permit is valid until the site's permit coverage is revoked or terminated. If permit coverage is required past the general permit expiration date, because construction isn't complete or eligible for termination, the permittee must submit a renewal application to Ecology at least 180 days before the expiration date in order to continue permit coverage under the re-issued general permit. If permit holders fail to reapply, permit coverage will be revoked. 

Ecology sends notice to all active permit holders to explain the renewal process.
What is the appeal process for the permit?
You have a right to appeal the terms and conditions of a general permit, as they apply to an individual discharger, to the Pollution Control Hearings Board (PCHB) within 30 days of the date of receipt. The appeal process is governed by Chapter 43.21B RCW and Chapter 371-08 WAC. “Date of receipt” is defined in RCW 43.21B.001(2).  

To appeal, you must do all of the following within 30 days of the date of receipt of the permit: 
  • File your notice of appeal and a copy of the permit with the PCHB (see filing information below). “Filing” means actual receipt by the PCHB during regular business hours as defined in WAC 371-08-305 and -335. “Notice of appeal” is defined in WAC 371-08-340. 
  • Serve a copy of your notice of appeal and the permit on the Department of Ecology by mail, in person, or by email (see addresses below). 
  • You must also comply with other applicable requirements in Chapter 43.21B RCW and Chapter 371-08 WAC.

Filing with the PCHB

For the most current information visit the PCHB website or call 360-664-9160.

Service on Ecology

Street Address: 

Department of Ecology 
Attn: Appeals Processing Desk 
300 Desmond Drive SE 
Lacey, WA  98503 

Mailing Address: 

Department of Ecology 
Attn: Appeals Processing Desk 
PO Box 47608 
Olympia, WA  98504-7608 

E-Mail Address: ecologyappeals@ecy.wa.gov 

Related Entries:
Notes / Comments:
You are required to use the electronic application (eNOI) and submit it to Ecology over the internet.
Legal Authority:
Permit Timeliness Results

Permit Timeliness data collection is in response to a State Auditor’s Performance Audit and RCW 43.42A. Each regulatory agency developed a plan to improve permit clarity, predictability, and timeliness. Each agency considers the customers experience to ensure permit assistance is simple to use, easy to access, and designed in a customer-friendly manner. Agencies report progress to the Governor’s Office for Regulatory Innovation and Assistance (ORIA). ORIA prepares and distributes reports, with participation from the State Auditor’s Office and Results Washington. See latest report here: https://www.oria.wa.gov/ORIA-2020-PermitTimelinessProgressReport.pdf.

All permits submitted for reporting were entered into this Regulatory Handbook. Here are the results of the performance data:

Estimated Time Required By the Agency to Process a Permit Application (Definition)
Average number of days from Receipt to Complete: 61.5
Maximum number of days from Receipt to Complete: 755

Estimated Time Required By the Agency to Issue a Permit Decision (Definition)
Average number of days from Complete Application to Decision: 1.7
Maximum number of days from Complete Application to Decision: 391

(Summary results based on 793 submittals in 2024)

Where can I get permitting assistance?
Web page URL: http://www.ecy.wa.gov/programs/wq/stormwater/construction/
Subject matter expert phone:
Contact:
Department of Ecology
Water Quality Program
Headquarters
300 Desmond Drive
PO Box 47600
Olympia, WA 98504-7600
Fax: (360) 407-6426
Telephone: (360) 407-6600
Website: https://ecology.wa.gov/About-us/Get-to-know-us/Our-Programs/Water-Quality
Triggering Questions:
  • Will clearing, grading or excavating activities disturb an area of 1 acre or more and will discharge stormwater to surface waters of the state or a conveyance system that drains to surface waters of the state?
  • Will clearing, grading or excavating activities disturb an area smaller than 1 acre that is part of a "larger common plan of development or sale" that will disturb 1 acre or more and discharge stormwater to surface waters of the state or a conveyance system that drains to surface waters of the state?
  • Will you be moving a bulkhead above the ordinary high water mark?
  • Will you be creating a new beach cove?
  • Will you be creating a new, full beach?
  • Will you be using bioengineering techniques to stabilize your shoreline?
  • Will the project include beach nourishment?
  • Do you intend to recontour or grade the shoreline above the ordinary high water mark?
  • Will you be removing a bulkhead?
* Permit information last updated 2/27/2025
[v3]