Construction stormwater permit coverage, and with it a SWPPP, hinges mostly on how much land you disturb and whether the work is part of a larger common plan. This screening tool applies the federal thresholds and tells you who the permitting authority probably is.
The rules behind the check
- 1 acre or more of disturbance needs coverage under EPA's rules and most state permits.
- Less than 1 acre needs coverage if the work is part of a larger common plan of development or sale that will disturb 1 acre or more in total, such as a lot in a subdivision.
- Operators need coverage: the party that controls plans and specifications (often the owner or developer) and the party with day-to-day control of compliance (often the general contractor).
- Low erosivity waiver: sites of 1 to less than 5 acres with a rainfall erosivity factor under 5 for the construction period may be waived.
- Permitting authority: most states issue their own permits; EPA does in Massachusetts, New Hampshire, New Mexico, DC, most territories and most Indian country.
Local governments often require their own erosion and sediment control permits for smaller sites, so check with your city or county too. Learn the details in the free permit coverage lesson.
Sources and official references
Last reviewed: October 25, 2026 · Free general education based on the Clean Water Act, EPA NPDES rules and the EPA Construction General Permit. Your governing permit (EPA, state, tribal or local) controls. This is not legal advice, not EPA-approved, and not a California QSP/QSD or other state credential, and it does not issue a certificate. Nothing you enter on this page is saved or sent.
