SWPPP Requirements in Vermont

Who needs an EPSC Plan in Vermont?

Any construction project that disturbs one acre or more — or is part of a larger common plan of development reaching one acre — needs an EPSC Plan under Vermont permit 3-9020 (Low Risk) (low risk construction (part 2)), 3-9020 (Moderate Risk) (moderate risk construction (part 3)), or 3-9020 (construction general permit 3-9020 (appendix a risk category not yet determined)).

Vermont runs its own delegated stormwater program. Operators obtain coverage from Vermont Department of Environmental Conservation (DEC), Stormwater Program under NPDES General Permit 3-9020 for Stormwater Runoff from Construction Sites (3-9020 (Low Risk) / 3-9020 (Moderate Risk) / 3-9020), not directly from the EPA. A small subdivision, a solar pad, and a road-widening project all clear the same one-acre line.

Vermont adds requirements worth flagging early: Complete the Appendix A Risk Evaluation (and Soils Evaluation where Part II applies); the completed Appendix A is a condition of the authorization (Subpart 1.4; Appendix A); No construction until DEC issues a written authorization to discharge; the NOI is public-noticed (Subparts 2.1.3–2.1.4 / 3.1.3–3.1.4); Post the DEC Notice of Authorization near the construction entrance (Subparts 2.1.6 / 3.1.6); Turbidity sampling of discolored discharges to waters of the State, with a 25 NTU action level and 24-hour reporting (Subparts 2.2.2 / 3.3.3); Daily inspection and turbidity monitoring of dewatering discharges (Subparts 2.2.3 / 3.3.4); Record the Appendix A scoring in the plan: Eligibility Screening E.1–E.2 (no more than 5 acres of concurrent disturbance; stabilization within 14 days of initial disturbance); Part I Basic Risk Evaluation criteria 1–4 (more than 2 acres total, Class A / Outstanding Resource Water watershed, disturbance within 50 ft upslope of a water, discharge not filtered through a 50-ft vegetated buffer), Low Risk only if the total is 1 or less; otherwise Part II: overall score = base 2 + risk factors A–D minus mitigation factors F–I, where 1 or less is Low Risk, 2 to 4 Moderate Risk, and 5 or higher needs an individual permit (Appendix A Parts I–III) (3-9020 (Low Risk)); Follow the Low Risk Site Handbook for Erosion Prevention and Sediment Control; submit a Site Drawing meeting Appendix B.1 with the NOI, with a Phasing Plan where disturbance exceeds 5 acres (or 2 acres when limited to 2 acres at a time) (Subpart 2.1.1.B; Appendix B.1) (3-9020 (Low Risk)); Record the Appendix A scoring in the plan: Eligibility Screening E.1–E.2 (no more than 5 acres of concurrent disturbance; stabilization within 14 days of initial disturbance); Part I Basic Risk Evaluation criteria 1–4 (more than 2 acres total, Class A / Outstanding Resource Water watershed, disturbance within 50 ft upslope of a water, discharge not filtered through a 50-ft vegetated buffer), Low Risk only if the total is 1 or less; otherwise Part II: overall score = base 2 + risk factors A–D minus mitigation factors F–I, where 1 or less is Low Risk, 2 to 4 Moderate Risk, and 5 or higher needs an individual permit (Appendix A Parts I–III) (3-9020 (Moderate Risk)); Site-specific EPSC Plan prepared by a certified engineer per Appendix B.2 (Location Map/Overall Site/Phasing, Pre-Construction and Existing Conditions, Construction, Winter Construction, Stabilization, and Details and Notations sheets), submitted with the NOI (Subpart 3.2) (3-9020 (Moderate Risk)); On-Site Plan Coordinator (OSPC) with authority to stop or modify work, on site daily during active construction, named on the NOI (Subpart 3.3.1) (3-9020 (Moderate Risk)); Inspection reports with the 11 items listed in Subpart 3.3.2.F, including a compliance certification (Subpart 3.3.2.F) (3-9020 (Moderate Risk)); Winter construction measures in the EPSC Plan, or a Notice of Winter Construction before winter-period work (Subpart 3.3.5) (3-9020 (Moderate Risk)); Record the Appendix A scoring in the plan: Eligibility Screening E.1–E.2 (no more than 5 acres of concurrent disturbance; stabilization within 14 days of initial disturbance); Part I Basic Risk Evaluation criteria 1–4 (more than 2 acres total, Class A / Outstanding Resource Water watershed, disturbance within 50 ft upslope of a water, discharge not filtered through a 50-ft vegetated buffer), where a total of 1 or less leads to Part 2; otherwise Part II: overall score = base 2 + risk factors A–D minus mitigation factors F–I, where 1 or less leads to Part 2, 2 to 4 to Part 3, and 5 or higher needs an individual permit (Appendix A Parts I–III) (3-9020).

What the plan must contain

A Vermont EPSC Planis 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 EPSC Plan is signed by the legally responsible party before work begins.

Required and conditional BMPs

Filing your Notice of Intent

Submit the NOI with Appendix A, a location map, and the site plan that Part 2 or Part 3 requires for the completed Appendix A result, plus fees, electronically per the Secretary’s instructions or through DEC’s electronic NOI system where available (Subparts 2.1.2 / 3.1.2).

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

Inspection requirements

Inspect at least once every 7 calendar days and immediately before and as soon as reasonably possible, during or after every rainfall event or snowmelt event which produces runoff from the construction site (daily inspections of disturbed, not-yet-stabilized areas during the winter construction period (October 15–April 15); inspections by or under the On-Site Plan Coordinator) (3-9020 Subparts 3.3.2.B, 3.3.3, and 3.3.2.C). Every inspection is dated and signed, and any failed control is corrected before the next storm.

How Vermont differs from the federal permit

Because Vermont 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