How to file an NOI (and NOT): permit coverage, start to finish
Updated
Construction general permits are “general” because you don't negotiate one project by project. Instead, an operator files a Notice of Intent (NOI), a short form telling the permitting agency who you are, where the site is, and that you agree to the permit's terms. Coverage begins after a waiting period, runs for the life of the project, and ends only when you file a Notice of Termination (NOT).
The two forms bracket every other obligation. File the NOI late and the earthwork that already happened was unpermitted discharge. Forget the NOT and you keep owing inspections (and in many states, annual fees) for a site you finished a year ago.
Before the NOI: the SWPPP comes first
The single most common sequencing mistake is treating the NOI as step one. Under the federal 2022 CGP and every state equivalent, the SWPPP must be written before the NOI is filed; the NOI certifies, under penalty of law, that the plan exists and meets the permit's requirements. The NOI itself pulls facts from the SWPPP: disturbed acreage, receiving waters, operator roles, and endangered-species and historic-property screening results.
Every operator needs its own coverage. On a typical commercial project that means the owner/developer and the general contractor each file, because each has control over plans or day-to-day activity.
Filing the NOI
- Where: EPA-administered jurisdictions file electronically through the NPDES eReporting Tool (NeT-CGP) in EPA's Central Data Exchange (CDX). Delegated states run their own portals: Texas uses STEERS, California uses SMARTS, Georgia files through GA EPD, and so on. Your state's page links the right agency.
- When: under the federal CGP, at least 14 calendar days before earth-disturbing activity begins. Coverage starts 14 days after the agency acknowledges a complete NOI, unless it notifies you otherwise. State waiting periods vary: some grant coverage in as little as 48 hours, others take 30 days.
- What it asks: operator identity, site location and acreage, project type and schedule, receiving waters and any impairments, SWPPP preparer, and certification signatures from a responsible corporate officer or authorized representative.
- Fees: EPA charges no NOI fee, but most delegated states do, typically a few hundred dollars, and several (California among them) charge annual fees scaled to disturbed acreage.
Once covered, most permits require posting a sign or notice near the main entrance with the permit tracking number and a contact. Auditors check the posting before they check anything else.
During coverage: what the NOI commits you to
The NOI is a certification that you'll run the permit's full program: routine and rain-triggered inspections, corrective actions on deadlines, recordkeeping, and keeping the SWPPP current as phases change. The paperwork burden runs from the first shovel until termination, and it's where enforcement actually happens: missed inspections, not missing forms, are the most-cited violations.
Ending coverage: the NOT
You can't simply stop. Under the federal 2022 CGP, a Notice of Termination may be filed only when at least one of these is true:
- Final stabilization is complete across all areas you were responsible for (see when you can stop inspecting) and temporary controls are removed,
- Another operator has assumed coverage over your portion of the site,
- Coverage under an individual or alternative permit has been obtained, or
- For residential lots, the lot is temporarily stabilized and the homeowner has been notified of remaining stabilization steps.
Under the federal permit the NOT must be filed within 30 calendar days of the qualifying condition, through the same portal as the NOI, and termination takes effect the day a complete NOT is submitted. State windows differ: California allows 90 days but keeps coverage (and annual billing) running until the Regional Water Board approves the NOT. Records (inspections, corrective actions, rain logs) must be retained for at least 3 years after coverage ends under the federal permit, and some states require longer, so closeout is exactly when a complete, well-organized record matters most.
The clean-record shortcut
The NOT is a certification too, and agencies do spot-check terminated sites. The practical protection is a complete record: every inspection signed and dated, every rain event logged against the trigger, every corrective action closed with proof. RainCheck keeps that record as you go and exports it as a single audit binder PDF, so the file you'd hand an auditor is the same one you close the project with.
Common questions
What is a Notice of Intent (NOI)?
The form an operator files to obtain coverage under a construction general permit. It identifies the operator and site, certifies that a SWPPP has been prepared, and commits the operator to the permit's terms. Under the federal CGP it's filed electronically at least 14 calendar days before construction begins.
How long does NOI approval take?
Under the federal 2022 CGP, discharge authorization begins 14 calendar days after EPA acknowledges a complete NOI, unless EPA notifies the operator otherwise. Delegated states range from about 48 hours to 30 days, so check your state permit.
When can I file a Notice of Termination (NOT)?
When final stabilization is complete and temporary controls are removed, when another operator has assumed coverage, when you've obtained coverage under a different permit, or (for residential lots) when the lot is temporarily stabilized and the homeowner is notified. Under the federal permit the NOT is due within 30 calendar days of the qualifying condition; state windows differ (California allows 90 days, and coverage there continues until the board approves the NOT).
What happens if I never file the NOT?
Coverage — and every obligation that comes with it — continues. You remain responsible for inspections and SWPPP maintenance, many states keep charging annual permit fees, and an unterminated permit with no recent inspection records is an easy enforcement target.
Do I need a new NOI if the project changes hands?
Under the federal permit, yes: coverage doesn't transfer, so the new operator files its own NOI and the departing operator then files an NOT based on the transfer. Many states offer a transfer-of-coverage form instead of a fresh NOI. Either way, a gap between the outgoing and incoming coverage is unpermitted discharge exposure.