SWPPP Requirements in West Virginia

Who needs a SWPPP in West Virginia?

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 West Virginia permit WV0115924.

West Virginia runs its own delegated stormwater program. Operators obtain coverage from DWWM under WV/NPDES General Water Pollution Control Permit for Stormwater Associated with Construction Activities (WV0115924), not directly from the EPA. A small subdivision, a solar pad, and a road-widening project all clear the same one-acre line.

West Virginia adds requirements worth flagging early: Coverage requires the Director’s approval of the application before any land is disturbed; applications are due 60 days before construction for projects of 3 acres or more and 30 days for 1 to under 3 acres (100 days where public notice is required) (WV0115924 Parts II.A.1.c–e and II.E); Submit a stand-alone Groundwater Protection Plan (GPP) with the application; a Karst Mitigation Plan is required in karst areas (WV0115924 Part II.I); Display a sign (at least 2 ft by 2 ft) near the project entrance within 72 hours of filing the application, and add the permit registration number within 7 business days of assignment (WV0115924 Part II.B); Install erosion and sediment controls and have a Qualified Person inspect them before construction begins; repair defective controls within 24 hours (WV0115924 Parts II.F–II.G); Use enhanced BMPs for discharges to any waters other than Tier 1: temporary seeding and mulching within 4 days when areas will not be re-disturbed for more than 14 days, and permanent seeding and final stabilization within 4 days (WV0115924 Parts I.C and II.H.3.b.2); Hold quarterly employee training on the SWPPP and document attendees and topics in the SWPPP (WV0115924 Part II.H.3.b.7); Complete each inspection report within 24 hours and re-inspect within 48 hours to verify repairs (WV0115924 Part III.B.2.f); Size sediment traps (5 acres or less) and basins (over 5 acres) for 3,600 cubic feet per drainage acre (WV0115924 Parts II.H.3.b.10–11).

What the plan must contain

A West Virginia 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 application (with the SWPPP, Groundwater Protection Plan, drainage maps, and site plan) through the WVDEP Electronic Submission System (ESS) and pay the application fee; land disturbance may not begin until the Director approves coverage.

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 4 calendar days and within 24 hours of the occurrence of a storm producing 0.25 inch of rain or more (for any portion of the site discharging to a Tier 2 water (the default for any water not listed as impaired), a Tier 3 water, or a 303(d)-listed water; also within 24 hours of runoff from snowmelt sufficient to cause a discharge) (WV0115924 Part III.B.2.a). Every inspection is dated and signed, and any failed control is corrected before the next storm.

How West Virginia differs from the federal permit

Because West Virginia 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