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Missouri Construction Stormwater Permit (6-MO-b)

Information current as of 2022
In Missouri, a person (developer) may need a Construction or Land Disturbance Stormwater Permit (General Permit) from the Missouri Department of Natural Resources (MDNR) for construction (land disturbance activities) that disturb one or more acres of land or that are part of a larger common plan of development that will disturb one or more acres of land. Construction or Land Disturbance Stormwater General Permit. MDNR regulates construction (land disturbance) stormwater discharges pursuant to Mo. Rev. Stat. §§ 644.006 et seq., Missouri Clean Water Law and Mo. Code Regs. Ann. tit. 10 § 20-6.200.



Construction Stormwater Permit Process


6-MO-b.1 to 6-MO-b.2 – Does the Project Qualify for a Waiver or Exemption?

MDNR may waive the General Permit requirements for construction (land disturbance) activities that disturb more than one acre, but less than five acres of land, if the developer meets certain conditions at the site.

The developer may apply for a Rainfall Erosivity Waiver if the rainfall erosivity factor (R Factor) is less than five (5) during the entire period of land disturbance activity. Mo. Code Regs. Ann. tit. 10 § 20-6.200(1)(B)15.A.. For information about the R Factor, see the Predicting Universal Soil Loss Equation Guide. The developer must certify that the rainfall erosivity factor will be less than five (5) during the entire (land disturbance period. Mo. Code Regs. Ann. tit. 10 § 20-6.200(1)(B)15.A. Waivers for linear projects can be found at Mo. Code Regs. Ann. tit. 10 §20-6.200(1)(B)8.

6-MO-b.3 – Stormwater Pollution Prevention Plan (SWPPP)

The developer must complete a Stormwater Pollution Prevention Plan (SWPPP) before receiving a General Permit. The SWPPP incorporates site-specific practices to best minimize the soil exposure, soil erosion, and pollutant discharge. The SWPPP must be specific to the construction (land disturbance) activities at the designated project site. General Permit, p. 6.

The developer must select, install, use, operate, and maintain appropriate best management practices (BMPs) for the site. The developer is encouraged to consult the U.S. Environmental Protection Agency’s Guide for Developing a Stormwater Pollution Prevention Plan and the MDNR Protecting Water Quality BMP Field Guide.

The SWPPP must:

  • List and describe all outfalls;
  • Incorporate the required practices described below;
  • Incorporate erosion control practices specific to the site’s conditions;
  • Provide for maintenance and adherence to the plan;
  • Discuss whether or not a 404 Permit/401 Certification is required for the project; and
  • Name the person responsible for inspection, operation, and maintenance of BMPs.

General Permit, p. 7.

The SWPPP must include the following:

  • Nature of the construction (land disturbance) activity;
  • Site map;
  • Site description;
  • Selection of temporary and permanent BMPs;
  • Description of BMPs;
  • The requirement that existing vegetation and trees be preserved where practical;
  • A provision for a buffer around surface waters of the state, as described in the General Permit, p. 8.f;
  • Information about the slopes of the disturbed areas;
  • The requirement that interim and final stabilization of disturbed soils be completed within 14 days, as described in the General Permit p. 8.h;
  • An assurance that the BMPs will be installed at the locations and relative times specified in the SWPPP;
  • The requirement that a sedimentation basin be included for each drainage area with ten or more acres disturbed at one time (or a similar effective BMP to control erosion and sedimentation delivery if a sedimentation basin is infeasible);
  • Pollution prevention measures;
  • A method to prevent the deposition of earth and sediment onto roadways; and
  • A description of any anticipated dewatering methods.

General Permit, p. 6-8.

The SWPPP must be amended and updated as appropriate, as described in the General Permit, p. 13.

Although the developer need not include a copy of the SWPPP with its General Permit Application, an electronic or paper copy of the SWPPP must be available at all times while land disturbance operations are in progress. General Permit, p. 6.

6-MO-b.4 – Construction or Land Disturbance Stormwater General Permit Application

The developer must apply for a Construction or Land Disturbance General Permit online using MDNR’s ePermitting Website. The ePermitting system is designed to allow the developer to apply and receive their permit in the same day. However, the developer must not begin land disturbing activities before obtaining the General Permit. MDNR Permit Information.

The ePermitting System will require the following information:

  • Facility information;
  • Owner information;
  • Facility contact information;
  • Map drawn to determine outfall information and development’s physical location;
  • Name of development;
  • Acknowledgement that an SWPPP has been developed for the site (note: the Application will be considered incomplete if an SWPPP has not been developed);
  • Whether the area being disturbed discharges into a jurisdictional water of the United States; and
  • Whether the developer has received a Section 404 permit.

Although an online application through the ePermitting website is required, the developer may reference the Land Disturbance Stormwater General Permit Application (Form G).

Note: The General Permit does not authorize land disturbance activity in U.S. Army Corps of Engineers (USACE) jurisdictional waters, unless the developer has also obtained a Section 404 permit from USACE and a Section 401 Water Quality Certification from MDNR.

The developer must also submit the applicable fee with the Application. Mo. Code Regs. Ann. tit. 10 § 20-6.011(2)(F); Mo. Rev. Stat. § 644.054.

6-MO-b.5 to 6-MO-b.6 – Review Application Materials For Completeness

The ePermitting system requires completeness as a prerequisite for obtaining approval. If the Application is not complete, then the ePermitting system will automatically deny the Application. ePermitting Permit Information.

6-MO-b.7 – Review Application for Approval

Because the developer applies for the General Permit online via the ePermitting website, if the Application is complete and the input values are within acceptable limits, MDNR issues a General Permit to the developer. MDNR denies the developer’s Application if the project does not fall within the General Permit’s requirements. See MDNR Permit Information.

6-MO-b.9 – Land Disturbance Stormwater General Permit

Once the developer (applicant) submits all required ePermitting information and provides payment, the General Permit is immediately available to the developer. ePermitting Permit Information. MDNR recommends that the developer keep a copy of the General Permit at the project site along with the required Stormwater Pollution Prevention Plan (SWPP). The developer must comply with all conditions included in the General Permit. See General Permit at 4-10, 12-13.

6-MO-b.10 – Request for Termination of General Permit

When the project is stabilized, a developer may terminate the permit by submitting a complete Request for Termination of a General Permit to the MDNR electronically through the ePermitting system. See General Permit, p. 12. MDNR’s ePermitting website currently does not accept termination requests.

6-MO-b.11 – Appeal Decision (Optional)

The developer, or any other person adversely affected by MDNR’s decision in issuing or denying the General Permit may file a petition with the Administrative Hearing Commission within 30 days of the date the decision was mailed or the date it was delivered, whichever is earlier. Mo. Code Regs. Ann. tit. 10 § 20-1.020(3)(A).

The Administrative Hearing Commission holds a hearing in accordance with Mo Rev. Stat. §§ 536.010 et seq., Administrative Procedure and Review and Mo. Code of State Reg. §§ 1 C.R.S. 15-3.200 et seq., Administrative Hearing Commission Procedure. 10 C.S.R. 20-1.020(4)(A). The hearing officer assigned to the case issues a recommendation to MDNR’s Clean Water Commission (“Commission”), which then distributes the recommendation to the parties. The parties are permitted to submit written arguments and present oral arguments before the Commission. The Commission reviews the record and issues its final, written determination as soon as practicable, including findings of fact and conclusions of law. Mo. Code Regs. Ann. tit. 10 § 20-1.020(4).


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