Who needs a Construction Stormwater Permit?

For a printable version of this factsheet, click here

Examples of common plan of development activities that require permit coverage. Click for larger image.

Construction sites and stormwater permits - Does your project need MPCA construction stormwater coverage?

You need permit coverage if you are the owner or operator for any construction activity disturbing:

• One acre or more of soil
• Less than one acre of soil, if that activity is part of a larger "common plan of development or sale" that covers more than one acre
• Any amount of soil where the MPCA determines the activity poses a risk to water resources

Common plan of development or sale

A common plan of development or sale, such as a subdivision, phased project, or combination of construction activities, is an area where multiple, contiguous, separate land-disturbing activities may happen on different schedules, but under one proposed plan. "One proposed plan" can refer to several things, including (but not limited to):

• Plats or blueprints
• Contracts
• Building permits
• Advertisements
• Physical demarcation (boundary signs, lot stakes, surveyor markings, etc.)

Examples of common plan of development activities that require permit coverage

Check if you need construction stormwater subdivision registration from the MPCA before construction begins. If a portion of a permitted project is sold, such as a single lot in a residential development, use the subdivision registration form to transfer permit coverage to the new owner/contractor. This process allows a single permit covering an entire site to be broken up or “subdivided” to cover many different builders and sites.

More information. For technical assistance, please contact the construction stormwater inspector for your region.

Related links

• Construction stormwater program
• 2018 Minnesota Construction Stormwater Permit