Who Needs a Permit? (Small vs. Large Construction)
Official TCEQ thresholds for Small Construction (1 to <5 acres), Large Construction (5+ acres), under-1-acre exemptions, and routine maintenance exclusions.
Small vs. Large Construction Activity
According to the TCEQ’s General Permit to Discharge under the TPDES (TXR150000), sites that meet the definition of either Small Construction Activity or Large Construction Activity must develop and implement a Storm Water Pollution Prevention Plan (SWP3):
- Small Construction Activity (1 to < 5 Acres): Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land—OR disturbance of less than 1 acre that is part of a larger Common Plan of Development that will ultimately disturb between 1 and < 5 acres.
- Large Construction Activity (5+ Acres): Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than five (5) acres of land—OR disturbance of less than 5 acres that is part of a larger Common Plan of Development that will ultimately disturb 5 or more acres.
Exemptions (< 1 Acre & Routine Maintenance)
• Under 1 Acre Standalone: If your site disturbs less than 1.0 acre of land AND is not part of a Common Plan of Development of 1 acre or greater, you do not need to develop a TPDES SWP3 or file TCEQ stormwater paperwork.
• Routine Maintenance Exclusion: Neither Small nor Large Construction Activity includes routine maintenance performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (for example, routine grading of existing dirt roads, asphalt overlays of existing roads, or routine clearing of existing rights-of-way).