How to File a Notice of Intent (NOI)

If you are about to break ground on a construction project that disturbs an acre or more of land, there is a permit step you cannot skip: filing a Notice of Intent. The NOI is how you tell your permitting authority that you intend to discharge stormwater from your site under a Construction General Permit. Get it filed correctly and on time, and you can start work with coverage in place. Miss it, file it late, or leave fields blank, and you expose your project to stop-work orders and penalties before the first load of fill arrives.

This guide walks through what a Notice of Intent is, when to file it, how the federal and major state systems differ, what information you need to have ready, and the mistakes that trip up even experienced operators.

What a Notice of Intent Is and Why It Is Required

The Notice of Intent is a formal application for coverage under a general permit. Under the Clean Water Act, discharging pollutants — including stormwater runoff carrying sediment — into waters of the United States requires a National Pollutant Discharge Elimination System (NPDES) permit. Rather than issuing an individual permit to every construction site in the country, regulators publish a Construction General Permit (CGP) that sets standard conditions, and operators "opt in" to that permit by filing an NOI.

Submitting your NOI is the act that brings your site under the umbrella of the general permit. It identifies who you are, where the site is, what waters could receive your runoff, and that you accept the permit's terms. In most programs you are not legally authorized to discharge until that coverage is confirmed.

You generally need to file an NOI when your construction activity will disturb one acre or more of total land area, or when it disturbs less than an acre but is part of a larger common plan of development or sale that adds up to an acre or more. Some states set additional or lower thresholds, so confirm the threshold for the jurisdiction where you are building.

When You Must File

Timing is one of the most misunderstood parts of the process. Two rules matter most:

• File before construction begins. You need permit coverage in place before you disturb soil. Filing after work has started means you have been discharging without authorization.
• In many programs, your SWPPP must be complete first. A common requirement is that the Stormwater Pollution Prevention Plan (SWPPP) be prepared and ready before you submit the NOI. The NOI is your certification that you have a plan; you cannot honestly certify that without the plan existing. Some states go further and require you to upload the SWPPP and supporting documents as part of the filing itself.

Because of these two rules, the realistic sequence for most projects is:

1. Develop the SWPPP for the site, including site maps and your chosen best management practices.
2. Gather the operator, location, and receiving-water information the NOI form asks for.
3. Submit the NOI through the correct portal.
4. Wait out any required waiting period before discharging.
5. Post or keep the permit documentation on site as the permit requires.

Build the lead time for these steps into your project schedule. The SWPPP and the supporting data take real effort to assemble, and the waiting period after filing is outside your control.

The Federal Route: EPA NeT (NPDES eReporting Tool)

In areas where the EPA is the permitting authority — rather than a state with delegated authority — you file under the EPA's Construction General Permit using the NPDES eReporting Tool, known as NeT. EPA NeT is the agency's online system for submitting and managing NPDES forms electronically, and the construction NOI module is where you apply for CGP coverage.

The federal CGP applies in a limited set of places: states and territories that have not been delegated NPDES authority, along with most discharges on tribal lands and certain federal facilities. The large majority of states administer their own programs, so check whether your site falls under the federal permit or a state permit before you start. If you file in the wrong system, your coverage is not valid.

To use EPA NeT you typically:

• Register for an account through the EPA's electronic reporting login system and verify your identity, since the NOI is a legally certified submission.
• Complete the construction NOI form with your operator and site details.
• Electronically sign and certify the submission as an authorized representative.

Once submitted, EPA NeT records your application and tracks your authorization status, and you use the same tool later to file modifications and your Notice of Termination.

Delegated State Systems

Most construction work in the United States happens in states that run their own NPDES programs. These states issue their own Construction General Permit and operate their own filing portal, each with its own forms, fees, and rules. You file with the state, not the EPA, in these jurisdictions. Two of the largest illustrate how much they can differ.

Texas — TCEQ STEERS

In Texas, construction stormwater is permitted by the Texas Commission on Environmental Quality (TCEQ) under the state's Construction General Permit. NOIs are filed electronically through STEERS, the State of Texas Environmental Electronic Reporting System. You register for a STEERS account, complete the construction NOI for the TXR150000 general permit, and submit it through the system. Texas also has provisions tied to the size of the disturbance — for example, different requirements for small versus large construction sites — so confirm which category your project falls into when you file.

California — SMARTS

California's program, run by the State Water Resources Control Board, is one of the most document-heavy in the country. You apply through SMARTS, the Stormwater Multiple Application and Report Tracking System. California does not call the submission a simple NOI; instead you file a set of Permit Registration Documents (PRDs). The PRDs include:

• A Notice of Intent.
• A risk assessment that determines your project's risk level based on factors like sediment risk and the sensitivity of the receiving water. Your risk level drives the monitoring and BMP requirements that apply to your site.
• The SWPPP itself, uploaded into the system.
• Other certifications and site information the Board requires.

A Legally Responsible Person must certify the PRDs electronically in SMARTS. Because the risk assessment and SWPPP upload are part of the application, California rewards operators who do the planning work up front — you cannot complete the filing without those documents in hand.

Every Delegated State Has Its Own Portal

Texas and California are examples, not the rule. Each delegated state runs its own system with its own name, login, forms, and fee structure. The practical takeaway: confirm which agency and which portal govern your site before you begin, and read that program's CGP and its NOI instructions. Do not assume the federal process or another state's process applies.

Information You Need to File

Across federal and state systems, the NOI asks for a consistent core of information. Have these ready before you log in:

• Operator information. The legal name, mailing address, and contact details of the operator or operators applying for coverage. The operator is the entity with control over the site or its specifications, and some sites list more than one operator.
• Site location. The project or site name, physical address or description, and latitude and longitude. Many systems want the coordinates of the site, not just a street address.
• Receiving waters. The name of the water body or storm sewer system that will receive your stormwater discharge, and often whether that water is impaired or has special protections. This drives some of your permit conditions.
• Estimated acreage. The total project area and the area you expect to disturb. Be accurate — acreage can affect thresholds, requirements, and fees.
• Estimated dates. The expected start and completion dates for construction.
• SWPPP confirmation. Certification that your SWPPP is prepared, and in some states the actual document upload.
• Certification. The electronic signature of an authorized representative attesting that the information is accurate.

Fees vary widely by state, and some programs charge an application or annual fee while others do not. Check the current fee schedule in your specific portal rather than relying on a figure you have seen elsewhere.

Waiting Periods

Filing the NOI is not always the same moment as gaining authorization to discharge. Many permits impose a waiting period between when your complete NOI is received and when your coverage becomes effective — a window that gives the agency, and sometimes the public, an opportunity to review the submission.

The length of the wait depends entirely on the permit you are filing under, and it can also depend on factors like whether your discharge affects sensitive or impaired waters. Some submissions are authorized after a fixed number of days; others require an affirmative confirmation from the agency. Treat the waiting period as a hard scheduling constraint: do not plan to disturb soil the day you hit submit, and confirm your effective date in the system before mobilizing.

The Notice of Termination at Final Stabilization

Permit coverage is not something you let lapse quietly. When your project reaches final stabilization — the point where soil-disturbing activities are complete and the site is permanently stabilized against erosion, typically through established vegetation or equivalent measures — you file a Notice of Termination (NOT) to end your coverage.

Filing the NOT matters for two reasons:

• It formally closes out your permit obligations, including inspections and recordkeeping.
• Until you terminate, you may remain on the hook for the permit's requirements and potentially for fees, even though active construction has ended.

You file the NOT through the same system you used for the NOI — NeT for federal sites, STEERS in Texas, SMARTS in California, and the relevant portal in other states. Confirm that your termination is accepted; an unfiled or rejected NOT leaves you carrying a permit you no longer need.

Common Filing Mistakes

These are the errors that most often delay coverage or create compliance problems:

• Filing in the wrong system. Submitting a federal NOI when your state has delegated authority — or vice versa — leaves you without valid coverage. Identify the correct authority first.
• Filing without a complete SWPPP. Certifying that you have a plan you have not actually finished is both a false certification and, in document-upload states, simply impossible to complete.
• Starting work before coverage is effective. Beginning to disturb soil during the waiting period, or before submitting at all, is unauthorized discharge.
• Inaccurate acreage or coordinates. Wrong numbers can push you into the wrong requirement tier, trigger the wrong fees, or invalidate the filing.
• Missing or wrong receiving-water information. Failing to identify an impaired or sensitive receiving water can leave you out of compliance with conditions that should apply to your site.
• Improper certification. The person signing must be a legally authorized representative; an unauthorized signature can void the submission.
• Forgetting the Notice of Termination. Leaving coverage open after final stabilization keeps obligations and fees running.
• Not keeping records on site. Many permits require you to keep your permit authorization and SWPPP accessible at the site for inspectors. Filing is the start, not the end, of your obligations.

Getting Your Filing Done

Filing a Notice of Intent is the gate between planning a project and legally turning dirt. The mechanics differ by jurisdiction — EPA NeT for federally administered areas, TCEQ STEERS in Texas, California SMARTS with its risk assessment and Permit Registration Documents, and a distinct portal for every other delegated state — but the underlying logic is the same everywhere: have a complete SWPPP, gather accurate site and operator information, file in the right system before you build, respect the waiting period, and terminate coverage when the site is stabilized.

The hardest part for most builders is not clicking submit; it is having the SWPPP and the supporting data ready and accurate when the form asks for them.

Siltworks generates your SWPPP and assembles the information you need to file your NOI — operator details, site location, receiving waters, and disturbed acreage — so the plan and the data are ready when you open your state or federal portal. When it is time to file, you have what the form is asking for in one place.