Construction Stormwater Discharge Permits

NEW:  Vermont Construction General Permit (CGP) 3-9020 was amended and resissued on February 19, 2020, along with updates to the Low Risk Handbook for Erosion Prevention and Sediment Control (LRHB) and The Vermont Standards and Specifications for Erosion Prevention and Sediment Control (VSS).  Link to the reissiued and amended CGP, the Department’s response to public comments (Response Summary), and copies of the updated LRHB and VSS are provided below.

The new CGP will take effect 90 days from the date of issuance on May 19, 2020.  Until that time, applications shall be prepared in accordance with the previously issued and current CGP 3-9020

Vermont Construction General Permit 3-9020, issued February 29, 2020, effective May 19, 2020

Response Summary (Department’s response to public comments on the draft permit)

Low Risk Site Handbook for Erosion Prevention and Sediment Control – February 2020 (Large Print – Non-booklet)
Low Risk Site Handbook for Erosion Prevention and Sediment Control – February 2020 (Small Booklet Format)
Low Risk Site Handbook for Erosion Prevention and Sediment Control – February 2020 (Large Booklet Format)

The Vermont Standards and Specifications for Erosion Prevention and Sediment Control – February 2020

The amended CGP includes new application requirements for projects seeking permit coverage as Low Risk or Moderate Risk construction activity.  In addition, electronic application submittal will be required via ANR Online,  unless prior approval for submission by mail has been pre-approved.  The amended CGP includes changes to the Appendix A – Risk Evaluation criteria and scoring system, establishes limitations on concurrent earth disturbance and stabilization schedule for projects covered by the CGP, and includes a set of revised conditions for addressing project changes that may occur after an authorization has been issued.  Projects that receive an authorization as Low or Moderate Risk construction activity may be authorized for up to a 5-year permit term.

The Department is currently updating ANR Online and supporting CGP application materials for the amended and reissued CGP.  It is expected that application materials will be available by no later than May 1, 2020.  Application for coverage under the new CGP will not be accepted until May 19, 2020.  It is also anticipated that all Notice of Intent information and the completed Appendix A – Risk Evaluation will be entered directly into ANR Online, with supporting materials uploaded to the system, and payment made electronically.  The Department will update this webpage when application materials under the amended CGP become available.  Until that time, designers and the regulated community shall refer to the amended and reissued CGP 3-9020 for minimum application requirements (See Parts 2 and 3 of the CGP, in addition to Appendices A and B).

IMPORTANT:  The previously issued Construction General Permit 3-9020 (2006 - as amended 2008) remains valid and in effect through May 18, 2020.  Applications for coverage under the current Vermont Construction General Permit 3-9020 must be RECEIVED BY the VT DEC Watershed Management Division, no later than May 18, 2020.   Application materials for the current CGP remain applicable.   The current CGP and related application materials are available below this update.

Please see below for the current CGP 3-9020 documents that remain valid through May 18, 2020.


Current Construction General Permit 3-9020 (2006 - As Amended 2008)
Current Application Instructions
Current Construction General Permit Documents
Current Technical Documents


Permits for Stormwater Discharges Associated and Construction-Related Activities

Earth moving and heavy equipment at construction of the Bennington Bypass

Under the National Pollutant Discharge Elimination System (NPDES), construction projects involving one acre or more of land disturbance require a permit for the discharge of stormwater.

Construction General Permit 3-9020 (2006-As Amended 2008)

Construction General Permit 3-9020 authorizes permittees to discharge stormwater runoff from construction activities provided the project is in compliance with the requirements of the permit.  The permitting requirements for projects authorized under this general permit depend upon the risk of having a discharge of stormwater from the construction site. There are two risk categories authorized by the general permit: Low Risk and Moderate Risk. Projects that pose a higher risk are ineligible to use the general permit, and must file an application for an Individual Permit.

The Construction General Permit 3-9020 was last amended in 2008.

To determine the risk category for a proposed project, applicants must complete Appendix A of the permit. Appendix A is a risk evaluation procedure to determine the risk category for a project. A guidance document has been prepared to assist applicants with this process.

Current list of authorizations under the Construction General Permit 3-9020

Low Risk Construction Activities

Projects that qualify as Low Risk do so because of favorable site conditions. For these projects, applicants will need to file a Notice of Intent that certifies that they will employ the measures contained in the Low Risk Site Handbook for Erosion Prevention and Sediment Control.

Moderate Risk Construction Activities

Projects that qualify as Moderate Risk require the development of a site specific Erosion Prevention and Sediment Control (EPSC) Plan that meets the requirements of the general permit and conforms to the Vermont Standards and Specifications for Erosion Prevention and Sediment Control (2006). Moderate Risk projects require preparation by an individual familiar with the principles of erosion prevention and sediment control.

Construction Activities Requiring an Individual Permit

Certain projects are not eligible for coverage under the Construction General Permit. These projects must apply for Individual Permit coverage.

Current list of individual construction permits

Application materials may be submitted via postal mail and shall include a CD or DVD containing application materials and check for application fees.  Or the application materials may be uploaded to ANR Online where fees can be paid by credit card.

**E-mail submittals will not be accepted.**

*PLEASE NOTE: As of January 1, 2018, posting of the NOI in the Town Clerk's is no longer required by the applicant.  DEC will notify the Town Clerk at the appropriate time.

To apply for coverage under the Construction General Permit for a Low Risk Project:

1. Complete Appendix A to determine if your project is eligible for coverage under the CGP and if so, whether your project qualifies as Low Risk.
2. Complete the Notice of Intent for Low Risk Projects 
3. Submit application materials by mail on a CD or DVD, or uploaded to ANR Online.  Applications submitted must have the completed Appendix A, location map and the Low Risk NOI along with the processing fee.

Applications sent by mail should be addressed to:

Vermont Department of Environmental Conservation
Watershed Management Division - Stormwater Program
1 National Life Drive
Davis 3
Montpelier, VT 05620-3522

To apply for coverage for your project under the Construction General Permit for a Moderate Risk Project:

1. Complete Appendix A to determine if your project is eligible for coverage under the CGP and if so, whether your project qualifies as Moderate Risk.
2. Prepare an Erosion Prevention and Sediment Control Plan (EPSC) in accordance with the Vermont Standards and Specifications for Erosion Prevention and Sediment Control (2006) and Appendix B of the CGP.
3. Complete the EPSC Summary Forms.
4. Complete the Notice of Intent for Moderate Risk Projects
5. Submit application materials by mail on a CD or DVD, or uploaded to ANR Online.  Applications submitted must have the completed Appendix A, location map and the Low Risk NOI along with the processing fee.

Applications sent by mail should be addressed to:

Vermont Department of Environmental Conservation
Watershed Management Division - Stormwater Program
1 National Life Drive
Davis 3
Montpelier, VT 05620-3522

Construction General Permit Documents

Additional Forms for Moderate Risk Projects

Projects Requiring Individual Permit Coverage

1. Complete application forms for new Individual Discharge Permits
2. Prepare an Erosion Prevention and Sediment Control Plan (EPSC) in accordance with the Vermont Standards and Specifications for Erosion Prevention and Sediment Control (2006) and Appendix B of the CGP.
3. Submit application materials by mail on a CD or DVD, or uploaded to ANR Online. Applications submitted must have the completed ESPC Plan, location map, and the INDC application along with the processing fee:

Applications sent by mail should be addressed to:

Vermont Department of Environmental Conservation
Watershed Management Division - Stormwater Program
1 National Life Drive
Davis 3
Montpelier, VT 05620-3522

Applications submitted online should follow:

ANR Online Instructions

Additional Forms for projects requiring Individual Permit Coverage

Impaired Waters, Class A Waters and Outstanding Resource Waters Determination for CGP 3-9020 – Appendix A Risk Evaluation

Technical Documents

Cover of Low Risk Site Guide
Low Risk Handbook
For use on projects that qualify as Low Risk under the CGP. Applicants must certify on the NOI that they will implement the measures included in this guide and follow the provisions on their Notice of Authorization.

Cover of EPSC Field Guide
Field Guide
Provides technical guidance on the proper installation and maintenance of EPSC measures. Specifies acceptable interchangeable practices that may be substituted without amending the authorized EPSC plan.

Cover of VT Standards and Specifications for Erosion Prevention and Sediment Control
Standards & Specifications
For use by designers to develop EPSC plans for Moderate Risk and Individual Permit projects.

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*If you are unable to use the ANR Online system, forms are still available in PDF format. Notice of Additional Copermittee for 9020 Permits, Notice of Additional Copermittee for INDC Permits.

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