California Statewide Rule

California Construction General Permit Governs Statewide Erosion Control

Significant RestrictionsApplies statewide across California (2026)

Key Facts

Coverage trigger: One acre or more disturbed
Permit: Order WQ 2022-0057-DWQ
Enroll via: SMARTS Notice of Intent
Enforcer: State/Regional Water Boards
Max daily penalty: $10,000 per day

Last verified: July 31, 2026

Summary

California requires anyone clearing, grading, or disturbing one acre or more of land to obtain coverage under the State Water Board's Construction General Permit, file a Notice of Intent through SMARTS, and implement erosion and sediment controls before ground disturbance begins.

This General Permit regulates discharges to waters of the United States from stormwater and authorized non-stormwater associated with construction activity from sites that disturb one or more acres of land surface, or that are part of a common plan of development or sale that disturbs more than one acre of land surface.

View official code

Full Breakdown

The Construction General Permit, State Water Resources Control Board Order WQ 2022-0057-DWQ (NPDES No. CAS000002, effective September 1, 2023), covers construction that disturbs one or more acres, or smaller sites within a larger common plan of development or sale. The Legally Responsible Person must file a Notice of Intent electronically through the SMARTS portal, determine a Risk Level (1-3) from sediment and receiving-water risk, and prepare a Stormwater Pollution Prevention Plan with erosion and sediment control best management practices. Higher-risk sites need a Qualified SWPPP Developer and Practitioner plus effluent monitoring.

Violations & Penalties

The State and Regional Water Boards enforce the permit. Water Code section 13385 authorizes administrative civil liability up to $10,000 for each day a violation occurs, plus $10 per gallon discharged and not cleaned up above 1,000 gallons.

Frequently Asked Questions

When do I need a Construction General Permit in California?

Whenever construction clears, grades, or disturbs one acre or more of land surface, or the site is part of a common plan of development or sale disturbing more than one acre.

How do I get coverage?

The Legally Responsible Person files a Notice of Intent electronically through the State Water Board's SMARTS system, sets a Risk Level, and prepares a Stormwater Pollution Prevention Plan before ground disturbance.

What controls are required?

Erosion and sediment control best management practices under a SWPPP; Risk Level 2 and 3 sites also need a Qualified SWPPP Developer, Practitioner, and turbidity or pH effluent monitoring.

Sources

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