New York Statewide Rule

New York Stormwater Discharge Permit Requirements

Heavy RestrictionsApplies statewide across New York (2026)

Key Facts

Statute: ECL Article 17
Permit: SPDES General Permit
Trigger: 1 acre of disturbance
Max Penalty: $37,500/day

Last verified: September 5, 2026Source: New York State Senate

Summary

New York Environmental Conservation Law and the SPDES program impose uniform statewide stormwater discharge permit requirements that apply to construction sites and MS4 communities regardless of local rules.

3. Permits for discharges from municipal storm sewers: a. May be issued on a system or jurisdiction-wide basis, pursuant to paragraph (a) of subdivision seven of section 70-0117 of this chapter; b. Shall include a requirement which regulates non-stormwater discharges into the storm sewers; and c. Shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system design and engineering methods, and such other provisions as the commissioner determines appropriate for the control of such pollutants.

Source: New York State SenateView official code

Full Breakdown

Environmental Conservation Law Article 17 authorizes the State Pollutant Discharge Elimination System administered by the Department of Environmental Conservation. Construction activity disturbing one or more acres requires coverage under SPDES General Permit GP-0-25-001, which replaced GP-0-20-001 in January 2025, and a Stormwater Pollution Prevention Plan. Municipalities designated as MS4s must comply with the MS4 General Permit. Local stormwater laws can be stricter on design but cannot waive SPDES coverage or weaken state water quality standards under ECL 17-0501 and federal Clean Water Act delegation.

Violations & Penalties

Discharging pollutants without a SPDES permit is punishable under ECL 71-1929 by civil penalties up to thirty-seven thousand five hundred dollars per day per violation, plus restoration orders. Construction without an approved SWPPP can trigger stop-work orders from DEC.

Frequently Asked Questions

Does my construction project need a state stormwater permit?

Yes if it disturbs one or more acres. SPDES General Permit GP-0-25-001 applies statewide under ECL Article 17 regardless of any local stormwater ordinance.

Can a town opt out of MS4 stormwater rules?

No. Designated MS4 municipalities must comply with the state MS4 General Permit. Local rules can be stricter but cannot reduce the federally mandated state baseline.

Sources

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