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Stormwater Directory

West Virginia

West Virginia Department of Environmental Protection

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Quick Summary

For most West Virginia projects disturbing 1 acre or more, you need a state NPDES Construction General Permit and a SWPPP. Rain-triggered inspections are required after discharge events, and projects overlapping mining areas may also need SMCRA coverage.

State-DelegatedVerified 2026-03

Construction Permit

Permit Document ↗
Permit Name
General NPDES Permit for Stormwater Discharges from Construction Activities (WV0115924 / General Permit WVG310000)
Threshold
≥ 1 acre of land disturbance (or < 1 acre if part of a larger common plan of development or sale that will ultimately disturb ≥ 1 acre)
NOI Lead Time
NOI (Notice of Intent) must be submitted to WVDEP at least 3 business days before land disturbance commences; permit coverage is effective upon WVDEP's issuance of a coverage letter
Application Method
Paper NOI submitted to WVDEP Office of Water Resources, Land Protection Section; online submission via WV DEP ePlanning portal available for some permit types — verify current availability for construction general permit
Fee
$500 for projects disturbing < 5 acres; $1,000 for projects disturbing 5–25 acres; $2,000 for projects disturbing > 25 acres; fees payable to WVDEP at time of NOI submission
Permit Expires
June 4, 2027
Apply for Permit ↗

SWPPP Requirements

Permit Document ↗
SWPPP Required
Yes
PE Cert Required
No
Template Available
Yes
A Stormwater Pollution Prevention Plan (SWPPP) is required and must be developed prior to commencement of land disturbance. WVDEP provides a SWPPP template and guidance document. The SWPPP must be kept on site and made available to WVDEP inspectors upon request. No professional engineer stamp is required by the general permit for the SWPPP, but a Qualified Inspector must review and certify inspections. The SWPPP must be amended when site conditions or BMPs change.

Inspection Requirements

Permit Document ↗
Frequency
At least once every 7 calendar days and within 24 hours of any rainfall event that results in runoff from the construction site; inspection records must be retained for 3 years
Rain Trigger
Within 24 hours of any rainfall event that results in runoff from the construction site (discharge-based trigger)
Inspector Qualification
Inspections must be conducted by a Qualified Inspector — defined in WVG310000 as an individual who has completed a WVDEP-approved erosion and sediment control or stormwater training course. West Virginia does not have a separate state certification program equivalent to some other states, but WVDEP-approved training (such as the WV Land Development Stormwater Training Program) is required.
Accepted Certifications
WVDEP-approved training REQUIRED (e.g., WV Land Development Stormwater Training Program); no separate state certification credential equivalent, but training completion is mandatory

Discharge Standards

Permit Document ↗
Turbidity Limit
No specific numeric NTU limit in the construction general permit; discharges must comply with West Virginia water quality standards (47 CSR 2)
West Virginia water quality standards contain narrative turbidity criteria: discharges must not cause turbidity that substantially impairs the designated uses of the receiving water. Projects discharging to cold water fishery streams (Trout Waters) or outstanding national resource waters have additional narrative requirements. Visual monitoring is required during all site inspections. WVDEP may establish numeric turbidity limits through individual permit conditions for sensitive receiving waters.

Post-Construction

WVDEP ↗
Required
Yes
West Virginia Phase II MS4 permit holders (municipalities and counties) must implement post-construction stormwater management programs. State-level post-construction requirements for non-MS4 areas are addressed through conditions in individual permits and the general permit. Projects affecting Waters of the State designated as exceptional use waters (Tier III) or waters with TMDLs are subject to enhanced controls. The general permit requires final stabilization of all disturbed areas before permit termination.

Impaired Waterbody / TMDL Requirements

Standard Provisions

West Virginia DEP's construction stormwater permit has standard provisions. Many West Virginia streams are listed as impaired (primarily due to acid mine drainage), but the construction general permit does not impose heightened conditions specifically for construction-stormwater-related impairments in the general permit text. Standard stormwater BMPs and WV Erosion and Sediment Control Standards apply statewide.

Program Contact

Contact Page ↗
Contact
Larry Board — Environmental Resources Program Manager
Phone
(304) 926-0499
Email
Larry.D.Board@wv.gov

State-Specific Notes

West Virginia has NPDES authority delegated from EPA and administers its program through the Office of Water Resources. A notable state-specific feature is the overlap with the Surface Mining Control and Reclamation Act (SMCRA) program — construction sites near or on former coal mining lands may have additional requirements administered by WVDEP's Office of Mining and Reclamation. The state's extensive network of trout streams and cold water fisheries triggers additional scrutiny for projects near those waters. Operators should also be aware of the WV Erosion and Sediment Control program (47 CSR 5), which runs concurrently with NPDES requirements.

Disclaimer: This information is provided for general reference only and may not reflect the most current regulatory requirements. Always consult the WVDEP website and applicable regulations before beginning any construction activity.