North Dakota
North Dakota Department of Environmental Quality
Quick Summary
For most North Dakota projects disturbing 1 acre or more, you need an NDR10 Construction General Permit and a SWPPP. No permit fee is required, and NOIs are still processed on paper.
This summary may repeat a value the official source disagrees with (application method). See the flagged field below.
Construction Permit
Permit Document ↗- Permit Name
- NPDES General Permit for Stormwater Discharges Associated with Construction Activity (Permit No. NDR10-0000)
- Threshold
- ≥ 1 acre of total land disturbance, or < 1 acre if part of a larger common plan of development or sale that will ultimately disturb ≥ 1 acre. Linear projects (pipelines, roads) use total disturbance area for threshold calculation.
- NOI Lead Time
- A Notice of Intent (NOI) must be submitted to NDDEQ and acknowledged at least 7 days before land disturbance begins. NDDEQ provides written confirmation of permit coverage. Operators should allow additional time for NDDEQ review of complete NOIs, though the 7-day lead time is the regulatory minimum.
- Application Method
- Paper NOI submission mailed or hand-delivered to NDDEQ Division of Water Quality in Bismarck, ND. As of 2024–2025, NDDEQ does not have a dedicated online e-permitting portal for stormwater NOIs; submission is primarily paper-based. The NOI form is available for download on the NDDEQ website.
The agency's own page appears to have newer information for Application Method than the value shown above. Both are below — treat the source as more likely current, and confirm with the agency.
- This directory publishes
- Paper NOI submission mailed or hand-delivered to NDDEQ Division of Water Quality in Bismarck, ND. As of 2024–2025, NDDEQ does not have a dedicated online e-permitting portal for stormwater NOIs; submission is primarily paper-based.
- The official source indicates
- The source states NOIs are submitted through CERIS-ND, an online permit management system, and that paper forms are no longer maintained and only available upon request.
- “Submit a Notice of Intent through the Combined Environmental Regulatory Information System – North Dakota (CERIS-ND) at least seven days before construction starts.”
- Fee
- No permit fee for NPDES construction general permit coverage under NDR10-0000. North Dakota does not charge an NOI application fee for the stormwater construction general permit.
- Permit Expires
- July 31, 2027
SWPPP Requirements
Permit Document ↗- SWPPP Required
- Yes
- PE Cert Required
- No
- Template Available
- Yes
Inspection Requirements
Permit Document ↗- Frequency
- At least every 7 days and within 24 hours of a precipitation event producing ≥ 0.5 inches of rainfall. During periods of extended frozen ground with no land disturbance, inspection frequency may be reduced. Written inspection reports must be retained as part of the SWPPP documentation.
- Rain Trigger
- Within 24 hours of a precipitation event producing ≥ 0.5 inches of rainfall
- Inspector Qualification
- No state-specific certification is required by the NDR10-0000 general permit. Inspectors must be qualified individuals knowledgeable in the design, installation, and maintenance of stormwater BMPs. NDDEQ does not currently administer or require a state-issued inspector credential. Industry certifications such as CPESC (Certified Professional in Erosion and Sediment Control) are recognized as evidence of qualification but are not mandated.
- Accepted Certifications
- No state-specific cert required; inspector must be a 'qualified individual' knowledgeable in BMP design, installation, and maintenance; CPESC, CESSWI, CISEC accepted
Discharge Standards
Permit Document ↗- Turbidity Limit
- No numeric NTU turbidity limit specified in NDR10-0000; narrative water quality standards apply.
Post-Construction
NDDEQ ↗- Required
- Yes
Impaired Waterbody / TMDL Requirements
Standard ProvisionsNorth Dakota construction stormwater permit has standard provisions. No specific heightened requirements are triggered by proximity to 303(d)-listed impaired waters in the general permit; standard erosion and sediment controls apply. North Dakota has limited construction stormwater enforcement activity relative to many states.
Program Contact
Contact Page ↗- Phone
- (701) 328-5150
- deq@nd.gov
State-Specific Notes
North Dakota received NPDES delegation from EPA and administers the program through NDDEQ's Division of Water Quality. The state's program closely mirrors the EPA Construction General Permit structure. A notable feature of ND's landscape is the prevalence of prairie potholes (isolated wetlands) and ephemeral drainages throughout the state; these features are jurisdictionally complex under federal Section 404 and state law, and construction near them requires careful BMP planning. ND experiences significant freeze-thaw cycles that affect soil stabilization and erosion control — SWPPP seasonal considerations are important. The state has no permit fee for general permit coverage, which is unusual. Oil and gas-related construction (Bakken region) often triggers additional NDDEQ surface disturbance and environmental review requirements beyond the standard construction stormwater permit.