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Mississippi Statewide Rule

Mississippi Stormwater Discharge State Permitting

Heavy RestrictionsApplies statewide across Mississippi (2026)

Key Facts

Construction Threshold
One acre disturbed
Statute
Miss. Code 49-17-1 et seq.
Regulator
MS Dept of Environmental Quality
Max Penalty
$25,000 per day
Federal Authority
Clean Water Act NPDES
Last verified: September 5, 2026Source: Justia Law

Summary

Mississippi enforces stormwater discharge regulations through the Department of Environmental Quality under the federal Clean Water Act, requiring NPDES permits for construction activity disturbing one or more acres and for municipal separate storm sewer systems statewide.

(b) It is unlawful for any person to carry on any of the following activities, unless that person holds a current permit for that activity from the Permit Board as may be required for the disposal of all wastes which are or may be discharged into the waters of the state, or unless that person is exempted from holding a permit by a regulation promulgated by the commission: (i) the construction, installation, modification or operation of any disposal system or part thereof or any extension or addition thereto, including, but not limited to, systems serving agricultural operations; (ii) the increase in volume or strength of any wastes in excess of the permissive discharges specified under any existing permit; (iii) the construction, installation or operation of any industrial, commercial or other establishment, including irrigation projects or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of wastes into the waters of the state or would otherwise alter the physical, chemical or biological properties of any waters of the state in any manner not already lawfully authorized; (iv) the construction or use of any new outlet for the discharge of any wastes into the waters of the state.

Full Breakdown

Under Miss. Code Sections 49-17-1 et seq. (Mississippi Air and Water Pollution Control Law), the Mississippi Department of Environmental Quality administers the National Pollutant Discharge Elimination System (NPDES) for stormwater. Construction sites disturbing one or more acres must obtain a Large Construction General Permit and implement a Stormwater Pollution Prevention Plan. Industrial facilities with stormwater exposure require coverage under the MSR000000 industrial general permit. Municipal separate storm sewer systems (MS4s) in regulated areas must obtain Phase II NPDES coverage. MDEQ has primacy and sets statewide minimum requirements that local jurisdictions cannot relax.

Violations & Penalties

Discharging without required NPDES coverage or violating permit conditions exposes operators to civil penalties up to $25,000 per day per violation under Miss. Code 49-17-43.

Frequently Asked Questions

When do I need a stormwater permit in Mississippi?
Any construction activity that disturbs one acre or more of land, or is part of a larger common plan of development, requires NPDES coverage through MDEQ.
Can cities impose stricter stormwater rules than the state?
Cities can adopt stricter local stormwater ordinances, but they cannot weaken state minimum NPDES requirements set by MDEQ under Miss. Code Title 49.

Sources

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