Who Must Apply for Construction General Permit Coverage
Operators of construction activities resulting in land disturbance equal to or greater than one acre; or less than one acre and are part of a larger common plan of development or sale that ultimately disturbs one or more acres must apply for CGP coverage. Note that such activities require approvals from local government Erosion and Sediment Control Programs. State and federal projects require approvals from DEQ’s Erosion and Sediment Control Program.
A common plan of development or sale is a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules. CGP coverage is required if one acre or greater of land will be cumulatively disturbed, regardless of the size of the individually owned or developed sites. For example, if a developer buys a 20-acre lot and builds roads to build homes or other structures in the future, or if the land is parceled off or sold and construction occurs on plots that are less than an acre by separate independent builders, these activities would still be subject to obtaining CGP coverage. A larger common plan of development or sale applies to various types of land development including but not limited to residential, commercial, or industrial land use.
Single-Family Detached Residential Structures
The submission of a registration statement for the construction of a single-family detached residential structure associated with small construction activity within or outside a common plan of development or sale is not required. A registration statement is required for a large construction activity associated with the construction of a single-family detached residential structure within or outside a common plan of development or sale; however, DEQ's portion of the permit fee is waived. As single-family detached residential properties are transferred to new owners or operators within a common plan of development or sale, the new owner or operator is automatically authorized to discharge under the general permit provided that they comply with the terms and conditions of the general permit. Operators must comply with the terms and conditions of the CGP, including the preparation of a Stormwater Pollution Prevention Plan (SWPPP) for each new single-family detached residential structure. Please print and post the 2024 General VPDES Permit as the single-family home Coverage Letter and retain on site:
For permit coverage effective July 1, 2024 through June 30, 2029:
Please note that single-family detached residential structures that disturb less than one acre of land and that are not part of a larger common plan of development or sale (e.g., subdivision); including additions or modifications to existing single-family detached residential structures, do not require coverage under the General Permit. However, localities subject to the provisions of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) may regulate these single-family residences where land disturbance is equal to or greater than 2,500 square feet.
Agreement in Lieu for Farm Buildings or Structures
Legislation enacted following the General Assembly’s 2023 session amended the Erosion and Sediment Control Law and Stormwater Management Act to add farm buildings or structures as buildings that are able to use an Agreement in Lieu of a Stormwater Management Plan.
Please review the Agreement in Lieu for Farm Buildings or Structures and Associated Impervious Surfaces memo, effective July 1, 2023, which explains DEQ’s implementation of the policy amendments in further detail, including which types of projects are applicable for this type of agreement. An Agreement in Lieu of a Stormwater Management Plan for Farm Building or Structure form is also available for your use and reference.
With the completed Agreement in Lieu of A Stormwater Management Plan, provide a completed Registration Statement and documentation (e.g., aerial image with annotations) that clearly depicts the below information to ConstructionGP@deq.virginia.gov:
- The extent of the parcel of land on which construction of the farm building or structure will take place, and
- The total impervious cover of the parcel of land, including the impervious cover from the farm building or structure that is being constructed. The total impervious percentage cover includes all impervious areas on the parcel of land, regardless of whether they are included within the agriculture activity exemption or not.
