The New York State Department of Environmental Conservation (NYSDEC) has issued the updated Construction General Permit (GP-0-25-001), effective January 29, 2025. This new permit replaces GP-0-20-001 and introduces key changes to improve clarity, compliance, and alignment with federal standards. Below is a detailed breakdown of new or updated requirements, organized by Parts I through VII, to help project teams meet evolving New York Stormwater Compliance.
Part I
Eligibility Requirements
- New NYC thresholds: Coverage now required for disturbances between 20,000 sq ft and 1 acre, and for creation of 5,000 sq ft or more of impervious area in NYC. These thresholds support strengthened New York stormwater compliance standards within dense urban zones.
- Clarified eligibility: Eligibility now split into clearer categories (≥1 acre; <1 acre with plan of development; DEC-determined significance).
- Additional clarifications:
- Endangered species and UPA/SEQR compliance moved from post-submittal to eligibility requirements.
- Routine maintenance explicitly excluded from the definition of construction activity.
Electronic Notice of Intent (eNOI) Submittal
- eNOI must now fit into one of four categories (single project, full development, phase, or renewable energy clearing).
- Tree clearing for renewable energy (Regions 3–9 only) permitted under specific bat-protection timing.
- eNOI must now:
- Include NYCDEP or MS4 acceptance forms when applicable
- Confirm compliance with climate risk, SWPPP requirements, and WQBELs—core elements of New York stormwater compliance
General Requirements for Owners or Operators with Permit Coverage
- Documents must be site-accessible (paper or digital with full access).
- Clarified obligations around:
- Maintaining SWPPP and LOA documentation
- Staggered vs. continuous disturbances (≤5 acres vs. >5 acres)
Permit Coverage for Discharges Authorized Under GP-0-20-001
- New “Request to Continue Coverage” form required within 30 days of permit issuance.
- Interim coverage (45 days) provided to avoid lapse.
- If approved, NYSDEC issues a Letter of Continued Coverage (LOCC).
Change of Owner or Operator
- Partial transfers require amended eNOI by the original owner.
- Full transfers require eNOT from the original owner.
- New owner must submit their own eNOI and secure all MS4/NYCDEP approvals to maintain compliance under New York’s stormwater regulations.
Part II
Post-construction Stormwater Management Practice Requirements
- Updated to adopt the 2024 Stormwater Management Design Manual—a core reference for stormwater compliance in New York.
- Transition clause allows continued use of the 2015 manual if:
- SWPPP was under review before July 31, 2024.
- Documented justification is submitted.
Part III
General SWPPP Requirements
- SWPPP must now address future climate risks as required by CRRA and CLCPA.
- New narrative format required for this section to document long-term stormwater management in New York.
Required SWPPP Contents
- Clarified format requirements:
- Sequencing plans vs. phasing plans
- Site maps must now include north arrows and receiving waters
- Demonstration of equivalence now separated out clearly for alternatives to BB/DM standards.
- Performance-based design allowed for certain solar, utility, and phased projects.
Part IV
Qualified Inspector Inspection Requirements
- Corrective action deadlines now depend on whether engineering redesign is needed.
- Restart notices after stabilization must now be sent by email or hard copy.
- Inspection forms must include:
- Permit number
- Temperature
- Estimates of disturbed/stabilized areas
- North arrows and site maps
Part V
Notice of Termination (NOT) Submittal
- Must now be submitted electronically, in line with updated New York stormwater compliance protocols.
- SWPPP must include as-built drawings before permit termination.
- Inspector sign-off now explicitly tied to Part IV requirements.
Part VI
Record Retention
- Retains previous requirements, reworded for clarity.
Reporting
- Updated formatting and title. Substantive requirements remain the same.
Part VII
Standard Permit Requirements
- Reorganized to align with federal SPDES format and modern stormwater compliance practices in New York.
- Deleted redundant definitions and operation/maintenance language now centralized in Parts III and V.
- Expanded Appendix A definitions:
- Added: Phase, Tree Clearing, Renewable Energy
- Updated: Construction Activity, Common Plan of Development
For contractors, developers, and stormwater professionals, these updates reflect a strong push for consistency, transparency, and environmental accountability. Early review of the updated permit and your internal processes is essential for New York stormwater compliance in 2025 and beyond.
