Home Builder SWP3 Requirements in Subdivisions
How TPDES permit coverage transitions from the land developer to individual home builders as subdivision lots are taken down and sold.
Developer vs. Home Builder Permit Coverage
The TCEQ expects all disturbed areas within a residential subdivision to be covered by a TPDES Permit. All entities that meet the TCEQ’s definition of Operator must maintain permit coverage for the disturbed areas under their control.
Raw land development is typically covered under the developer entity’s SWP3. Once lots are sold to builders, each builder must have their lots covered under an SWP3. Because of the “Common Plan of Development” rule, the entire subdivision's disturbed area determines whether a Notice of Intent (NOI) is required—if total subdivision disturbance meets or exceeds 1 acre, any builder taking down lots within the subdivision must have an SWP3, install and maintain controls, and perform site inspections.
How ProTex Manages Subdivision Builder SWP3s
It is our practice to create a dedicated SWP3 for each builder entity operating within a subdivision. This single SWP3 covers all lots owned by that builder during the build-out of the community.
As lots are taken down from the Developer, those lots are added to the builder’s SWP3 and inspection inventory (and removed from the developer’s SWP3). As completed homes are sold to homebuyers, those lots are removed from the builder’s active inventory. A current inventory of active lots is maintained on the inspection report and within the SWP3.