California’s Construction General Permit
July 24, 2026
By Jose Avina, PE, QSD | Senior Civil Engineer | Los Angeles
What to know before breaking ground
Securing approval of building and grading plans is a significant step leading up to the groundbreaking of a new project. However, permit approval alone may not satisfy all regulatory obligations. In California, projects that involve qualifying construction activities may also be required to obtain coverage under the State Water Resources Control Board’s Construction General Permit (CGP) before work can proceed.
Governing authority and background
In 1972 the Environmental Protection Agency (EPA) established the Clean Water Act (CWA) prohibiting the discharge of pollutants from any point source into waters of the United States unless authorized by a National Pollutant Discharge Elimination System (NPDES) Permit. To comply with the CWA, the California State Water Resources Control Board (SWRCB) adopted the first statewide CGP in 1992 for construction projects disturbing five or more acres. The most recent version of the CGP (CGP Order No. 2022-0057-DWQ) was adopted in 2023 and applies today.
The following is a high-level overview of CGP requirements.
When does a project require coverage under the CGP?
Generally, an owner must file a Notice of Intent (NOI) under the CGP when a project meets the following criteria:
- Disturbs one acre or more of land
- Disturbs less than one acre but is part of a larger development disturbing one acre or more of land
- Construction activities have the potential to discharge pollutants either directly (e.g., runoff entering a creek or river) or indirectly (through storm drain systems).
Who prepares appropriate documents for CGP coverage?
A “Legally Responsible Person” is designated by the project owner to submit required documents. To file a NOI, a Stormwater Pollution Prevention Plan (SWPPP) needs to be prepared by a Qualified SWPPP Developer (QSD). The SWPPP identifies potential sources of pollution and outlines Best Management Practices (BMPs) to prevent or minimize pollutant discharge. BMPs may include erosion control, sediment control, or even good housekeeping practices. The QSD must prepare the SWPPP using a risk-based system to classify projects into Risk Level 1, 2, or 3 based on factors such as rainfall intensity and site conditions. Each level dictates increasing requirements for monitoring, sampling, and BMP implementation.
Once coverage is obtained how does a project stay in compliance?
After the NOI and SWPPP have been uploaded to the Stormwater Multiple Application and Report Tracking System (SMARTS) the project is given a waste discharge ID (WDID), a unique regulatory identifier to track facilities and construction sites that discharge stormwater or industrial waste.
Depending on the risk level, projects must conduct visual inspections, stormwater sampling, and laboratory analysis. Results of lab testing must be reported to SMARTS. Additionally, regular inspections are required, especially before and after storm events, to determine if BMPs are functioning properly. Detailed records must be maintained and made available for regulatory review.
What happens if a project meets the criteria that requires coverage but fails to do so?
Failure to comply with the CGP can result in significant legal, financial, and operational consequences. Regulatory agencies may impose fines for violations with penalties as high as thousands of dollars per day, depending on the severity and duration of non-compliance. Non-compliance projects may also be subject to stop work orders or lawsuits by the regulatory agencies, non-profit organizations, or even citizen suits under the CWA.
How does this permit impact engineers in California?
As a California licensed Professional Engineers (PE), obtaining QSD certification includes review and understanding of online materials provided on the SMARTS website and self-registering as a QSD. To stay informed with CGP requirements and certifications visit the RWQCB website or the California Stormwater Quality Association (CASQA) website. For engineers, understanding the Construction General Permit is critical to supporting project compliance from planning through construction. By obtaining QSD certification, developing effective SWPPPs, and helping project teams implement and maintain stormwater controls, engineers play a key role in protecting water quality, reducing regulatory risk, and keeping projects on track.
