Construction Stormwater Program

The purpose of the construction stormwater program is to protect the waters of the State from contamination. Owners or operators of any project or combination of projects who engage in construction activities which will disturb one or more acres must have authorization to discharge stormwater runoff under the construction stormwater general permit S-MCST-1703-1. Anyone who disturbs less than one acre may require authorization to discharge stormwater runoff when KDHE believes the water quality impact warrants consideration.

Application for the construction stormwater permit is made by completing a Notice of Intent (NOI) form which should be submitted at least 60 days before the start of the scheduled construction to avoid any unplanned delays. The permit fee for this general permit for stormwater runoff from construction activity is $60 per year. The primary requirement of the general permit is for the permittee to develop and implement a Stormwater Pollution Prevention (SWP2) plan. When the soil disturbing activity is completed and final stabilization of the site is achieved, the permittee must notify KDHE to terminate the authorization to discharge.

KDHE Response to Comments - May 18, 2017 Notice for Public Comment Period

The previous general permit expired on March 1, 2017 but was administratively extended. A draft replacement permit was made available for public comment through the following link, with comments due June 17, 2017:

KDHE received a number of written comments by the June 17, 2017 deadline and has revised the permit in response to the comments. A summary of the comments received and the KDHE response is provided through the following link:

  • KDHE Response to Comments - May 2017 Draft Replacement Construction Stormwater General Permit (Pending)

Helpful Documents

Current - Effective 8/1/2017

  1. Construction Stormwater Permit Packet (PDF)

Construction Stormwater Program Overview

  1. Construction Stormwater Executive Summary (PDF)

Construction Stormwater Permit, Effective 8/1/2017

  1. Construction Stormwater Definitions and Acronyms (PDF)
  2. Stormwater Runoff from Construction Activities General NPDES Permit - Effective 08-01-2017 (PDF)

Construction Stormwater Notice of Intent Form, Effective 8/1/2017

  1. Notice of Intent - Construction Activities (PDF)
  2. Notice of Intent Instructions - Construction Activities (PDF)

Other Forms, Effective 8/1/2017

  1. Construction Stormwater Individual Lot Certification (PDF)
  2. Construction Stormwater Notice of Termination (PDF)
  3. Construction Stormwater Notice of Transfer of Owner-Operator (PDF)

Rainfall Erosivity Waiver

  1. Construction Rainfall Erosivity Waiver Fact Sheet 3.1 (PDF)
  2. Rainfall Erosivity Waiver Application (PDF)
  3. Rainfall Erosivity Waiver Application Instructions (PDF)

Other Supporting Information

  1. KDHE Revised Position on Oil and Gas Construction Stormwater Exemption, December 2005 (PDF)

Fact Sheets & Previous General Permits

  1. 05-18-2017 Fact Sheet Draft Replacement Construction Stormwater General Permit (PDF)
  2. 08-01-2017 Revised Fact Sheet Construction Stormwater General Permit - As Issued (PDF)
  3. 08-07-2017 Revision 1 Fact Sheet Construction Stormwater General Permit - As Issued (PDF)

Area Maps & Receiving Waters

  1. Current Kansas Surface Water Register (PDF)
  2. Current Kansas Surface Water Register Maps (PDF)
  3. Kansas Counties with 2 year, 30 minute Storm events of less than 1.3 inches (PDF)
  4. List of Exceptional State Waters, Special Aquatic Life Use Waters and Outstanding National Resource Waters (PDF)