General Permit

The TPDES Construction General Permit (CGP) TXR150000 is a set of rules that apply to all construction within the State of Texas. The Construction General Permit sets out all of the expectations for a construction project to discharge stormwater linked to construction activities. 

Storm Water Pollution Prevention Plans (SWPPPs) are a requirement of the National Pollutant Discharge Elimination System (NPDES) that regulates water quality when associated with construction or industrial activities.  The SWPPP addresses all pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities related to construction activities, and controls them through the implementation of Best Management Practices (BMPs).

Who must seek permit coverage under TXR150000?

• Construction activities from which runoff water goes into or adjacent to any surface water in the state of Texas must have a Storm Water Pollution Prevention Plan.
• Large construction activities that disturb more than 5 acres of land, or are part of a larger common development plan that will disturb five or more acres, are covered under this plan/permit.
• Small construction activities that will disturb more than 1 acre but less than 5 acres, or are part of a development plan that will disturb more than 1 acre but less than 5 acres, are covered under this general permit.
• Construction activities that are smaller than 1 acre and are not part of a larger development plan are not covered under this permit.
• Oil and Gas disturbance activities are not covered under this permit but are governed by the EPA and the Texas Railroad Commission.

The current Permit was issued on February 27, 2023, and is effective March 5, 2023.

• The General Permit and all issued authorizations expire at midnight on March 5, 2028 
• Authorizes discharges of stormwater associated with construction activities and construction support activities  

What Is Considered Construction Activity?

Construction activities include operations that disturb or expose soil, such as:

• Clearing 
• Grading 
• Excavating 
• Demolition
• Infilling pits, Stockpiling soil for future construction use 
• Other similar activities that result in the disturbance of one acre or more of land (or are part of a larger common plan of development) 

These activities typically require a Storm Water Pollution Prevention Plan (SWPPP) under federal, state, or local stormwater permitting programs.

What Is Not Considered Construction Activity 

(for Stormwater Permitting Purposes)?

The following activities are generally not classified as construction under the Texas Pollutant Discharge Elimination System (TPDES) stormwater regulations and typically do not require a SWPPP:

• Certain routine maintenance activities are performed to maintain the original line, grade, and hydraulic capacity of a facility (e.g., ditch cleaning, culvert repair)
• Routine grading of existing roads for maintenance purposes without expanding or significantly altering the road
• Asphalt overlay of existing roads that does not involve soil disturbance beyond the pavement surface
• Routine clearing of rights-of-way (ROW) for maintenance, such as vegetation trimming or removal, without significant soil disturbance
• Agricultural land disturbance related to normal farming activities, which is exempt from construction stormwater permitting under Texas regulations

Note: Always check with the Texas Commission on Environmental Quality (TCEQ) for specific guidance, as certain activities may require permits depending on site conditions.

Disturbing Less than an acre

• if the project site disturbs less than 1 acre and is not part of a larger common plan of development, coverage under the general permit is not required

Note: Still required to implement Best Management Practices (BMPs) and to notify the Municipal Separate Storm Sewer System (MS4)

• A construction activity is completed in separate stages, phases, or in combination with other construction activities 
• Identified by documentation showing the scope of the construction project 
• Documentation may include plats, blueprints, marketing plans, contracts, building permits, zoning requests, etc.