Ask the Expert, Special Topics in Environmental Management

Does My Site Have Any Post-Construction Stormwater Regulations?

Q. How do I know if my site has any post-construction stormwater regulations?

A. You will need to look closely at your permit in your state. Within the 4 corners of the permit, there should be some indication if you have post-construction stormwater requirements. These requirements, if any, most likely are within the Stormwater Pollution Prevention Plan (SWPPP). It may say something along the lines of “the SWPPP must include a description of any on-site infiltration installed as a means to manage stormwater permanently on site.”

In most states, these obligations under the construction stormwater permit end once the Notice of Termination is submitted to the state. States may have more stringent requirements, that concurrent property owners must maintain these post construction stormwater best management practices (BMPs).

Certain municipalities that have to abide by their MS4 permits may have additional post-construction stormwater requirements. Also, there could be local ordinances that a site owner may need to comply with even after construction is complete. Therefore, you should check your site’s location and see if an MS4 permit is in play from the town or city as well as checking in with your local government for any zoning or property ordinances.