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NPDES Storm Water Discharge from Construction Sites Notice of Coverage

The Department of Environment, Great Lakes, and Energy (EGLE) authorizes NPDES permit coverage to facilities which discharge storm water associated with construction activity.


National Pollutant Discharge Elimination System (NPDES) Permit Program

Construction Storm Water Coverage under Permit-by-Rule


Part 31, Water Resources Protection of the Natural Resources Environmental Protection Act (NREPA), Public Act 451 of 1994, as amended.

Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq. (Clean Water Act)


Water Resources Protection - Part 21, Wastewater Discharge Permits (R 323.2101 - 323.2197) (Rule 323.2190).

Title 40 Code of Federal Regulations, Part 122, EPA Administered Permit Programs: The National Pollutant Discharge Elimination System (40 CFR 122.26)


1.  Applicability (activities that require the permit)

Construction activities for sites five acres or more of land disturbance with storm water discharges must submit a Notice of Coverage (NOC) to obtain NPDES permit authorization. Sites with less than 5 acres of disturbance have NPDES authorization automatic once they have obtained a Soil Erosion and Sedimentation Control (SESC) Permit. Detailed information can be found on the Program webpage.

2.  Pre-Application Requirements

A SESC Plan must be developed and approved by the SESC Agency. In addition, a SESC Permit is required prior to obtaining NPDES construction storm water authorization.

3.  Application Submission Requirements

For construction sites five acres or more, an administrative complete NOC must be submitted prior to the commencement of earth disturbance. A site map, copy of the SESC Permit, SESC Plan and $400 must be submitted with the NOC.

4.  Procedures and Time-Frame for Obtaining Permit or Approval

Once EGLE receives an administratively complete NOC and required submittals, coverage is automatic. For sites less than five acres of land disturbance, no NOC is required. NPDES authorization is automatic once the SESC Permit has been obtained.

5.  Operational Requirements

The NOC requires compliance with Rule 323.2190, Wastewater Discharge Permits, of the Part 21 Rules. In addition, the Rule requires the site to be inspected weekly and within 24 hours of a rain event that causes a discharge. Inspection observations are required to recorded and available for public inspection.


The NOC can be reissued upon expiration of the local SESC permit or after the 5 year expiration of the NOC by submittal of a reissuance application and a $400 fee. These documents should be sent to WRD, Permits Section.


Once the site has been stabilized, the Storm Water Notice of Termination (NOT) should be submitted to the WRD District Office. This will trigger an inspection by WRD district staff and if appropriate the termination will be issued.

6.  Fees

There is a one time application fee of $400.00 for the NOC.

7.  Appeal Process

Any person to whom the permit is not acceptable may file a sworn petition through the Administrative Hearings process of the Michigan Department of Licensing and Regulatory Affairs, setting forth the conditions of the permit which are being challenged and specifying the grounds for the challenge. EGLE may grant a contested case hearing based on those challenges in accordance with NREPA. EGLE may also grant a contested case hearing on a COC issued under a general permit in accordance with Rule 323.2192(c) of the Michigan Administrative Code.

8.  Public Input Opportunities

A public hearing may be held upon request and if determined appropriate by EGLE.


EGLE, Water Resources Division, P.O. Box 30458, Lansing, Michigan 48909

Revision Date: December 2019