New NYSDEC SPDES Stormwater Construction General Permit: Key Changes You Need to Know
If you’re involved in construction projects in New York, you know that managing stormwater runoff is a critical part of environmental compliance. The New York State Department of Environmental Conservation (NYSDEC) recently issued an updated State Pollutant Discharge Elimination System (SPDES) General Permit (GP-0-25-001) for Stormwater Discharges from Construction Activities (CGP). This new permit replaces the preceding version and includes changes that will impact your projects.
Staying informed of these updates is key for municipalities, developers, contractors and design teams to ensure projects progress while also protecting New York’s waterways.
What Is the SPDES General Permit?
The SPDES General Permit allows construction projects that disturb one acre or more of land (or less in some circumstances) to discharge stormwater, as long as they follow specific pollution prevention measures. These measures help prevent sediment, chemicals, and other pollutants from washing into receiving waters (streams, lakes, rivers, and wetlands), while also mitigating flood impacts.
Instead of applying for an individual stormwater permit (which can be time-consuming, expensive, and requires a lengthier review time), most projects qualify for this general permit, which simplifies the approval process while still ensuring environmental protection.
Key Changes in the New General Permit
- Permit Organization
The new 2025 CGP has been restructured to better align the permit’s structure and content with the U.S. Environmental Protection Agency’s (EPA) 2022 National Pollutant Discharge Elimination System (NPDES) CGP.
- Electronic Submissions
Permit applicants are now required to file Notices of Intent (NOIs) and Notices of Termination (NOTs) electronically in order to streamline the authorization process. After submitting a complete electronic NOI (eNOI), NYSDEC will issue a Letter of Authorization (LOA) specifying the date for commencing construction activities.
- Conformance to Newest Version of the Stormwater Management Design Manual
The NYSDEC issued a revised New York State Stormwater Management Design Manual (Design Manual) on July 31, 2024, which is now referenced in the 2025 CGP. Projects which were not authorized in advance of the release of the updated Design Manual require conformance with this newest version.
Big Picture: Review design-related components of the SWPPP for conformance with the 2024 version of the Design Manual.
- Community Risk and Resiliency Act Requirements
Projects which have not yet received CGP authorization must demonstrate consideration of future physical risks due to climate change pursuant to the Community Risk and Resiliency Act (CRRA), 6 NYCRR Part 490, and associated guidance.
Big Picture: Identify significant climate-related risks (including temperature, precipitation, rising sea level, storm surge, etc.) and promote measures that could mitigate significant climate-related risks.
- Corrective Action Timeframes
The 2025 CGP provides further specification on specific timeframes for completing corrective actions, distinguishing between issues requiring engineering design and those that do not.
- Five-Acre Disturbance Area Waivers
The 2025 CGP outlines a specific process for obtaining authorization to disturb greater than five acres of soil at any one time. The previous version of the permit did not provide a standardized process for five-acre requests and subsequent approvals.
- Continuation of Permit Coverage
Projects with active coverage under the 2020 CGP are granted a 45-calendar-day interim coverage under 2025 CGP. This new requirement requires Owners and Operators to submit an electronic Request to Continue Coverage form within 30 calendar days of the new permit’s effective date in order to maintain coverage authorized under the 2020 CGP. Projects receiving authorization to continue coverage under the 2020 CGP will only be required to comply with the new non-design related requirements of the 2025 CGP. They will not need to redesign stormwater management practices or provide conformance to climate change considerations required under 2025 CGP.
Big Picture: Submit an electronic Request to Continue Coverage for all active construction sites currently authorized under the 2020 CGP by February 28, 2025.
What Should You Do Next?
With these changes in place, it’s critical to review your construction site’s stormwater management plan and make any necessary updates. All currently permitted projects must also submit a request to continue coverage under the new permit by February 28, 2025.
By staying proactive, you’ll avoid compliance issues and help protect New York’s water resources—all while keeping your projects on track!
If you have questions about the new 2025 Stormwater CGP and how to ensure your project maintains permit coverage, please contact Jack Williams, CPESC, CPMSM.