Common Plan of Development
Common Plan of Development
Since March of 2003, the United States Environmental Protection Agency has required all construction projects disturbing over one acre of land to obtain an NPDES/SDS stormwater permit. In addition, owners or operators also need permit coverage for smaller projects that are part of a larger common plan of development or sale that collectively will disturb one or more acres.
Common plan of development A common plan of development or sale means a contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. "One plan" is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot.
You are building in a common plan of development if, for example, you are building on a half-acre residential lot in a 10-acre development or are putting in a fast-food restaurant on a three-quarter acre parcel that is part of a 20-acre retail center. Of course, you must still meet the definition of ‘operator’ in order to be required to get permit coverage, regardless of the acreage you personally disturb. As a subcontractor, it is unlikely you would need permit coverage.
Multiple public projects within a jurisdiction
A public entity (like a municipality, state, tribe, or federal agency) need not consider all construction projects within their entire jurisdiction to be part of an overall “common plan.” For example, construction of roads or buildings in different parts of a state, county, or city could be considered separate “common plans.” Only the interconnected parts of a project would be considered to be a “common plan” (for example, a building and its associated parking lot and driveways, an airport runway and associated taxiways, or a building complex).
Where discrete construction projects within a larger common plan of development or sale are located one-quarter mile or more apart and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same “common plan” is not being disturbed. Two oil and gas well pads separated by one-half mile could be treated as separate “common plans,” for example. However, if the same two well pads and an interconnecting access road were all under construction at the same time, they would generally be considered as part of a single “common plan” for permitting purposes. If a utility company was constructing new trunk lines off an existing transmission line to serve separate residential subdivisions located more than one-quarter mile apart,