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Construction Site

Construction and Post-Construction (C/PC)

Construction is part of the fabric that supports the growth and change of NYC. Development of new sites and redevelopment of old sites redefine the City every day. To reduce the impact that construction and development may have on stormwater runoff, NYSDEC administers the State Pollution Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity (GP-0-15-002) (NYSDEC CGP). The City will complement the NYSDEC CGP program in the MS4 area by reviewing and approving stormwater pollution prevention plans (SWPPPs), and inspecting construction activities for stormwater impacts and post-construction stormwater management practices (SMPs).

C/PC Program Resources

What types of construction projects will be affected by the C/PC Program?

Certain new and redevelopment projects, also known as covered development projects. Covered development project means development activity (private or public) that involves or results in a soil disturbance within the MS4 area in an amount greater than or equal to one acre. This includes disturbances of less than once acre that are part of a larger common plan of development, or sale that will ultimately disturb one or more acres of soil.

How does the C/PC permitting process work?

The C/PC Program requires two types of stormwater permits for covered development projects:

  1. Stormwater Construction Permits for all covered development projects, and
  2. Stormwater Maintenance Permits for projects requiring post-construction stormwater management practices (SMPs)

The first step in applying for these stormwater permits is submittal of a permit application to DEP. The permit application consists of the information required in NYSDEC’s Notice of Intent (NOI) form, additional information required in DEP’s rules, and the plans and reports that together make up the Stormwater Pollution Prevention Plan (SWPPP). DEP will review and approve SWPPPs. If DEP approves the SWPPP, the developer then submits the Permit Initiation Form and a copy of the maintenance easement to DEP, and the contractor with primary responsibility for the project site submits the Permit Request Form to DEP for a Stormwater Construction Permit. DEP may inspect a site during construction.

After construction, the developer or owner submits a completed NYSDEC Notice of Termination (NOT) form to DEP for review and signature. If post-construction SMPs are required for the covered development project, then the developer or owner must also submit a Stormwater Maintenance Permit application with the completed NYSDEC NOT to DEP. DEP may inspect post-construction SMPs. If DEP issues a Stormwater Maintenance Permit, then the owner must submit an annual certification and renew the permit every five years.

Threshold Study

The City anticipates the implementation of the program at the reduced threshold once NYSDEC has approved the proposed reduced threshold and DEP has had at least a full year running the program at the one acre threshold, in order to gain experience with the program. The City anticipates rulemaking for the reduced threshold to take place between 2020 and 2025. Through the rulemaking process, DEP will update the definition of a covered development project to reflect the approved reduced threshold. During the remainder of the current permit term, and as the program is implemented at the 1-acre threshold, DEP will seek feedback from the community and fine-tune the program based on that feedback.

Have questions? Email ms4construction@dep.nyc.gov, with C/PC on the subject line.