West Virginia Statewide Rule

West Virginia Stormwater NPDES Permitting Program Standards

Heavy RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Statute: WV Code §22-11
Construction trigger: 1+ acre disturbance
Regulator: WV DEP
Permit type: NPDES general/individual
Max penalty: $25,000 per day

Last verified: September 5, 2026Source: West Virginia Legislature

Summary

West Virginia Code §22-11 and Department of Environmental Protection rules administer the federal NPDES stormwater program statewide, requiring permits for construction, industrial, and MS4 municipal discharges under uniform rules that supersede inconsistent local regulations.

The secretary may, after public notice and opportunity for public hearing, issue a permit for the discharge or disposition of any pollutant or combination of pollutants into waters of this state upon condition that the discharge or disposition meets or will meet all applicable state and federal water quality standards and effluent limitations and all other requirements of this article and article three, chapter twenty-two-b of this code.

Source: West Virginia LegislatureView official code

Full Breakdown

Under WV Code §22-11 the Department of Environmental Protection issues general and individual NPDES permits for stormwater discharges associated with construction sites disturbing one or more acres, industrial activities, and Municipal Separate Storm Sewer Systems (MS4s). Operators must implement Stormwater Pollution Prevention Plans, install best management practices, and conduct routine inspections. MS4 communities must adopt local programs meeting state minimum measures including illicit discharge detection and post-construction runoff controls. Federal Clean Water Act requirements flow through the state program.

Violations & Penalties

Discharging without a permit or violating SWPPP terms can trigger WVDEP penalties up to $25,000 per day per violation under §22-11-22 and federal enforcement.

Frequently Asked Questions

Do small home construction projects need a stormwater permit?

Projects disturbing less than one acre and not part of a larger common plan are exempt from NPDES coverage, though local MS4 sediment-control rules may still apply.

Who enforces stormwater rules in West Virginia?

The WV Department of Environmental Protection administers NPDES permits statewide, while MS4 cities enforce local stormwater ordinances meeting state minimums under their own permits.

Sources

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