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Alaska Statewide Rule

Alaska Stormwater Discharge Permitting Under APDES

Heavy RestrictionsApplies statewide across Alaska (2026)

Key Facts

Statute
AS 46.03.100
Permitting agency
Alaska DEC
Construction trigger
1 acre disturbance
Required document
SWPPP onsite
Max civil penalty
$100,000 initial; $10,000/day after
Last verified: August 20, 2026Source: Alaska State Legislature

Summary

The Alaska Department of Environmental Conservation administers the Alaska Pollutant Discharge Elimination System under AS 46.03, requiring statewide stormwater permits for construction, industrial activity, and municipal separate storm sewer systems regardless of local rules.

A person may not construct, modify, or operate a sewerage system or treatment works or take any action that results in the disposal or discharge of solid or liquid waste material or heated process or cooling water into the waters or onto the land of the state without prior authorization from the department.

Source: Alaska State LegislatureView official code

Full Breakdown

AS 46.03.100 prohibits discharging pollutants to waters of the state without an APDES permit. ADEC's stormwater program requires Construction General Permit coverage for sites disturbing one acre or more, Multi-Sector General Permit coverage for industrial facilities, and MS4 permits for designated municipalities. Permittees must develop a Stormwater Pollution Prevention Plan, install best management practices, and submit Notices of Intent before disturbance begins. ADEC enforcement applies statewide and is independent of municipal grading or drainage permits, which may add layers but cannot waive APDES requirements.

Violations & Penalties

Discharging pollutants without an APDES permit can bring civil penalties up to $100,000 for the initial violation and up to $10,000 for each additional day under AS 46.03.760, plus criminal penalties for knowing violations.

Frequently Asked Questions

Do I need an APDES permit for a small home addition?
Single-family projects disturbing less than one acre and not part of a larger common plan typically do not need APDES coverage, though local grading rules may still apply.
Who enforces stormwater rules in Alaska?
ADEC has primary state enforcement authority for APDES permits. EPA retains federal oversight, and designated MS4 municipalities enforce their permitted local programs alongside the state.

Sources

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