What Is a “Common Plan of Development”?
Why disturbing less than 1 acre still requires an SWP3 and TCEQ permit coverage when your work is part of a larger phased development.
Definition in Construction Stormwater Permitting
A construction activity is considered part of a larger “Common Plan of Development or Sale” if it is completed in one or more of the following ways:
- In separate stages
- In separate phases
- In combination with other construction activities
How Regulators Identify a Common Plan
A common plan is identified by documentation defining the overall scope of the project, including:
- Recorded plats & civil blueprints
- Real estate marketing plans
- Construction contracts
- Building permits
- Public notices, hearings, or zoning requests
Real-World Example
A common plan can include one operator or multiple independent operators.
Example: A subdivision or commercial development is being built. You are grading 0.75 acres, another company is clearing 4 different acres, and a utility contractor is excavating another 0.5 acres. Because the combined total area disturbed across the common plan is 5.25 acres, EACH operator falls under Large Construction Activity requirements (5+ acres)—even though your individual scope is only 0.75 acres.