When Can I Terminate My Permit?
TCEQ Final Stabilization requirements (70% native perennial vegetative cover) and the step-by-step checklist for terminating coverage for Primary and Secondary Operators.
TCEQ Definition of Final Stabilization
A project’s Permit coverage can be terminated once the site has reached “Final Stabilization”. The TCEQ defines final stabilization as a construction site status where any of the following conditions are met:
- A. General Construction Sites: All soil-disturbing activities at the site have been completed and a uniform (evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as riprap, gabions, or geotextiles) have been employed.
- B. Individual Lots in Residential Construction: Either (1) the homebuilder completes final stabilization as specified in condition (A) above; or (2) the homebuilder establishes temporary stabilization for an individual lot prior to transferring ownership of the home to the buyer and informs the homeowner of the need for, and benefits of, final stabilization (or retains perimeter controls/BMPs if temporary stabilization is not feasible, documented in the SWP3).
- C. Agricultural Land (e.g., Pipelines): Final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use (areas not returning to agricultural use must meet condition A).
Permit Termination Checklist
- Remove (or schedule removal of) all temporary erosion and sediment control measures (silt fence, inlet protection, rock berms, etc.);
- Remove posted Construction Site Notices (CSNs) from the jobsite;
- Primary Operator (Sites 5+ Acres): Log into STEERS, submit the electronic Notice of Termination (eNOT), and remit a copy of the PDF to the local MS4 (typically the City);
- Primary Operator (Sites < 5 Acres): Complete the termination portion of the Small Construction Site Notice (CSN) and remit to the local MS4;
- Secondary Operator: Remit the completed Secondary Operator CSN termination to the local MS4;
- Record Retention: Retain the complete SWP3 binder, inspection reports, and notices for three (3) years from the date coverage was terminated.