SWPPP Requirements in North Dakota

Who needs a SWPPP in North Dakota?

Any construction project that disturbs one acre or more — or is part of a larger common plan of development reaching one acre — needs a SWPPP under North Dakota permit NDR11-0000.

North Dakota runs its own delegated stormwater program. Operators obtain coverage from North Dakota Department of Environmental Quality (NDDEQ), Division of Water Quality under NDPDES General Permit for Stormwater Discharges Associated with Construction Activity (NDR11-0000) (NDR11-0000), not directly from the EPA. A small subdivision, a solar pad, and a road-widening project all clear the same one-acre line.

North Dakota adds requirements worth flagging early: Submit the NOI electronically (deq.nd.gov/eReporting); coverage becomes effective 7 days after a complete NOI. The SWPPP must be prepared and available at application but is not submitted unless requested (Parts I.C.2, I.D.1–2, I.H); Complete the SWPPP before construction (or the applicable phase) starts; a partially complete SWPPP must name the items to finish, who finishes them, and by when (Part II.C); Train employees and responsible parties on the SWPPP at least annually, when new staff are hired, and as needed (Part II.C.3.e); Inspect dewatering activities daily and keep a dewatering record (run times, pump rate, findings, corrective actions) (Part III.A.10); Stabilize the wetted perimeter of drainage ditches for at least 200 linear feet from the property edge or discharge point before connecting to a surface water (Appendix 1 A.6); Size sediment basins for the 2-year, 24-hour storm with at least 1,800 cubic feet of sediment storage per acre drained (or 3,600 cubic feet per acre without calculations) (Appendix 1 A.2); A new operator submits a written permit modification request within 14 days of assuming control; submit the NOT within 30 days of final stabilization (Parts I.F.2, II.E).

What the plan must contain

A North Dakota SWPPPis the site's compliance binder — the document an inspector opens first. It documents:

1. 1Site & project descriptionTotal and disturbed acreage, soils, slopes, and the sequence of construction.
2. 2Receiving waters & discharge pointsWhere stormwater leaves the site and the waterbodies it reaches.
3. 3Erosion & sediment control BMPsSilt fence, stabilized entrances, inlet protection, and stabilization measures.
4. 4Inspection schedule & recordsDated, signed inspection logs and the corrective actions taken.
5. 5Operator certificationThe SWPPP is signed by the legally responsible party before work begins.

Required and conditional BMPs

Filing your Notice of Intent

Submit the Notice of Intent (and later the Notice of Termination) through NDDEQ’s electronic reporting system; electronic submission is required from December 21, 2025.

A Notice of Termination closes coverage once the site reaches final stabilization. Keeping the SWPPP and its inspection records on site is what keeps a project clear of stop-work orders.

Inspection requirements

Inspect at least once every 14 calendar days and within 24 hours after a storm producing more than 0.25 inch of rain per 24-hour period (during normal working hours; a rainfall inspection replaces the 14-day inspection only when it falls on the same day; for a multi-day storm, inspect within 24 hours of the first day and within 24 hours after the end of the storm; on-site rain gauge or the nearest representative National Weather Service gauge) (NDR11-0000 Part III.A.2). Dewatering activities are inspected daily (NDR11-0000 Part III.A.10). Every inspection is dated and signed, and any failed control is corrected before the next storm.

How North Dakota differs from the federal permit

Because North Dakota administers its own program, the federal EPA Construction General Permit does not apply directly here — the state permit governs. Sites inside a regulated municipal storm sewer system may carry additional local ordinance requirements on top of the state permit.

Frequently asked questions