Real Estate & Land Use Newsletter: Proposed Construction Stormwater Permit Includes Controversial and Potentially Onerous Provisions


The California State Water Resources Control Board (?State Board?) is considering adoption of a new General Construction Storm Water Permit (?Construction Permit?) that would regulate stormwater discharges from construction activities that disturb areas larger than one acre.

The current form of permit regulates stormwater discharges from construction sites of more than one acre, and requires preparation of a Storm Water Pollution Prevention Plan (?SWPPP?). The Construction Permit under consideration proposes several new requirements and procedures that would both classify areas based upon risk to water quality and impose monitoring requirements for various classes of construction activity.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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