North Dakota
North Dakota Department of Environmental Quality
State-DelegatedVerified 2025-01
Construction Permit
- 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.
- 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.
SWPPP Requirements
- SWPPP Required
- Yes
- PE Cert Required
- No
- Template Available
- Yes
A SWPPP is required for all sites seeking general permit coverage. NDDEQ does not require a licensed PE to prepare or certify the SWPPP. The operator must sign and certify the SWPPP. NDDEQ provides a SWPPP template and BMP guidance documents. The SWPPP must be maintained on-site during active construction. ND's flat, prairie terrain means drainage and ponding patterns can be highly site-specific; the SWPPP must address local drainage conditions including prairie potholes and wetlands.
Inspection Requirements
- 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.
- 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.
Discharge Standards
- Turbidity Limit
- No numeric NTU turbidity limit specified in NDR10-0000; narrative water quality standards apply.
Discharges must comply with North Dakota Water Quality Standards (N.D. Admin. Code ch. 33.1-16-02). The narrative standard prohibits discharges that cause or contribute to violations of applicable water quality standards or impair designated uses. No site-specific NTU limit is embedded in the construction general permit. Prairie potholes and wetlands in North Dakota serve as de facto stormwater retention features and are jurisdictionally sensitive; discharges to or near these features require particular BMP attention.
Post-Construction
- Required
- Yes
Post-construction stormwater management requirements apply in NPDES Phase II MS4-regulated communities in North Dakota, primarily Bismarck, Fargo, Grand Forks, and Minot. These MS4 permittees must adopt and enforce post-construction stormwater management programs. Outside of regulated MS4 areas, state-level post-construction requirements are minimal; the general permit requires final stabilization of disturbed areas before permit termination. ND's predominantly agricultural landscape means many construction projects outside urban areas face no municipal post-construction requirements beyond those in the state permit.
Official Resources
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.
Disclaimer: This information is provided for general reference only and may not reflect the most current regulatory requirements. Always consult the NDDEQ website and applicable regulations before beginning any construction activity.