Montgomery County, TX Environmental Rules: Erosion Control (2026)

Stormwater General Permit for Construction Activities

Stormwater permit requirements for the discharge of stormwater associated with construction activities that disturb one (1) or more acres of soil.

2023 CGP TXR150000

TCEQ issued the renewal of the CGP with an effective date of March 5, 2023. Construction activities are regulated under the CGP if they discharge stormwater to any surface water in the state and disturb an acre or more of soil.

Stormwater Requirements for Construction Activities

Large construction activities which disturb 5 or more acres, or are part of a larger common plan of development or sale that will disturb 5 or more acres, are regulated under this general permit.

Small construction activities which disturb at least 1 but less than 5 acres, or are part of a larger common plan of development or sale that will disturb at least 1 but less than 5 acres, are also regulated under this general permit.

Construction activities that disturb less than 1 acre, and are not part of a larger common plan of development or sale that would disturb 1 or more acres, are not regulated by this general permit.

Stormwater Pollution Prevention Plan (SWP3)

The CGP requires construction site operators to develop and implement a Stormwater Pollution Prevention Plan (SWP3) prior to commencing construction. A SWP3 is a document that outlines construction plans and best management practices (BMPs) to control pollutants that may be discharged in stormwater runoff.

Waivers for Small Construction Activities

Low Potential for Erosion: You may be automatically authorized under this general permit if your construction activity occurs during periods of low potential for erosion.

Low Rainfall Erosivity Waiver: You may be eligible for this waiver if your construction activity has a low potential to wash away soil, as determined using the erosivity factor.