Erosion Control Permit Requirements

Requirements for Erosion Sedimentation & Pollution Control Plan, LDP and NOIs

If any of the following situations apply to your job, an ES&PC Plan by a design professional , an LDP with septic letter (if applicable ) and an *Notice of Intent (NOI) submitted to the state Environmental Protection Division (EPD) are required. 

• Within a Common Development developed on or after August 2000.
• Disturbing More Than One Acre 
• Within 200’ of State Waters this includes spring fed ponds, creeks, streams, etc.

*A Notice of Intent (NOI) submitted to the EPD via their online website, GEOS, has a state mandated 14-day waiting period from the date of submittal before any permits are issued.

Stand-Alone Requirements
Single Family Residential
(Construction Activities that are NOT within a Common Development)

Disturbing less than 1 acre and NOT within 200’ of state waters

• A Stand Alone ES&PC Plan is required
• A LDP will be issued at NO CHARGE

Disturbing less than 1 acre and WITHIN 200’ of state waters

• ES&PC Plan is required
• LDP is required
• NOI must be filed with the state

Stand Alone Requirements
Other Than Single Family Residential
(Construction Activities that are NOT within a Common Development)

Disturbing acreage within 200’ of any state waters. 

• ES&PC Plan is required
• LDP is required
• NOI must  be filed with the state 

Definitions

ES&PC - Erosion Sediment & Pollution Control
LDP - Land Disturbance Permit
NOI - Notice of Intent
Stand Alone Construction - Construction activities NOT within a Common Development