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Mississippi Construction Stormwater Permit (6-MS-b)

In Mississippi, a developer may need a Construction Stormwater General Permit (Permit) from the Mississippi Department of Environmental Quality (MDEQ) for construction projects that disturb one or more acres of land or are part of a common plan of development or sale that will disturb one or more acres of land. A developer needs a Permit to remain in compliance with the National Pollutant Discharge Elimination System (NPDES) of the Clean Water Act (CWA). MDEQ implements the state’s Construction Stormwater Discharge Program pursuant to the authority provided in The Mississippi Air and Water Pollution Control Law. Additional information can be found on MDEQ’s General Permits Webpage.


Construction Stormwater Permit Process

6-MS-b.1 – Will the Project Disturb Less than 5 Acres of Land?

MDEQ classifies projects that disturb less than five (5) acres of land as small construction projects. Projects that disturb five (5) or more acres of land are classified by MDEQ as large construction projects.

6-MS-b.2 – Complete Stormwater Pollution Prevention Plan for Small Construction Projects

Before starting the project, the developer must complete a Stormwater Pollution Plan (SWPPP) for the project. MDEQ Small Construction Stormwater General Permit. The SWPPP should contain Best Management Practices as well as Erosion and Sediment Controls and the other requirements set forth in the MDEQ SWPPP Guidance Manual for Construction Activities.

6-MS-b.3 – Small Construction Notice of Intent

Once the developer has completed the SWPPP, the developer must complete a Small Construction Notice of Intent (SCNOI). The SCNOI form can be found in the MDEQ Small Construction Stormwater General Permit.

6-MS-b.4 to 6-MS-b.5 – Does MDEQ Request Documents?

Unless requested by MDEQ, the developer does not need to submit the SCNOI and SWPPP to MDEQ. Even if the documents are not requested by MDEQ, the developer must keep the SCNOI and SWPPP at the permitted site for review. If MDEQ does not request the documents, the developer may begin construction activities so long as the developer complies with the terms and conditions of the MDEQ Small Construction Stormwater General Permit.

6-MS-b.6 to 6-MS-b.9 – Submit SCNOI and SWPPP for Review

If MDEQ requests the documents, the developer must submit the SCNOI and SWPPP to MDEQ for review. MDEQ reviews the documents and approves the Permit or notifies the developer that the developer must apply for an Individual Permit. MDEQ Small Construction Stormwater General Permit.

6-MS-b.10 – Small Construction Stormwater General Permit

If MDEQ approves the SCNOI and SWPPP, MDEQ sends written notification to the developer notifying the developer of MDEQ’s approval of coverage. The developer must comply with all terms of the MDEQ Small Construction Stormwater General Permit.

6-MS-b.11 – Complete Stormwater Pollution Prevention Plan for Large Construction Projects

If the developer’s project disturbs five (5) or more acres of land, the developer must first complete a Stormwater Pollution Prevention Plan (SWPPP) for the project. The SWPPP must be prepared in accordance with sound engineering practices and must identify potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharges associated with construction activity. The SWPPP must also describe and ensure the implementation of specific best management practices for the project site that will reduce pollutants in stormwater discharges and assure compliance with the terms and conditions of the MDEQ Large Construction Stormwater General Permit. For more guidance on developing an adequate SWPPP, the developer should refer to the MDEQ SWPPP Guidance Manual for Construction Activities.

6-MS-b.12 – Large Construction Notice of Intent (LCNOI)

After developing a SWPPP the developer must complete and submit a Large Construction Notice of Intent (LCNOI) to MDEQ. The LCNOI form can be found in the MDEQ Large Construction Forms Package. The LCNOI must contain:

  • The developer’s name and contact information;
  • The location of the project;
  • The estimated construction start and end dates;
  • A description of the construction activity; and
  • A description of the project after the construction is complete.

MDEQ Large Construction Stormwater General Permit.

The developer must submit the LCNOI at least thirty (30) days before the proposed start of construction. Additionally, the developer must also submit the SWPPP to MDEQ along with the LCNOI. MDEQ Large Construction Stormwater General Permit. Depending on the project, MDEQ may require the developer to submit additional documents provided in the MDEQ Large Construction Forms Package.

Note: LCNOI’s must be submitted electronically starting December 21, 2020.

6-MS-b.13 to 6-MS-b.14 – Review LCNOI Materials for Completeness

After receiving the LCNOI and accompanying documents from the developer, MDEQ reviews the LCNOI for administrative and technical completeness. If MDEQ determines the LCNOI is incomplete, the developer must submit additional information.

6-MS-b.15 to 6-MS-b.17 – Review LCNOI for Approval

After determining the LCNOI is complete, MDEQ reviews the NOI to determine whether to issue coverage under the Permit. Upon the review of the NOI and other available information, MDEQ may deny coverage under the General Permit and require the developer to apply for an individual permit.

6-MS-b.18 – Large Construction Stormwater General Permit

If MDEQ approves the LCNOI, MDEQ issues a Permit to the developer. The developer must comply with all the terms and conditions of the MDEQ Large Construction Stormwater General Permit and all applicable conditions in Miss. Admin. Code §11-6-1.

6-MS-b.19 – Request for Termination of Coverage

The developer must submit a Request for Termination of Coverage (RFT) to MDEQ within thirty (30) days of achieving final stabilization at the project site. MDEQ defines final stabilization as when “all soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of at least 70% for the area has been established or equivalent measures (i.e., concrete or asphalt paving, rip rap, etc.) have been employed.” MDEQ Large Construction Stormwater General Permit. The RFT can be found in the MDEQ Large Construction Forms Package. The RFT must contain the project and developer’s names and addresses.

6-MS-b.20 – Appeal Decision (Optional)

Any interested party aggrieved by MDEQ’s decision to issue or deny a Permit can request a formal hearing with the MDEQ Permit Board. The appear request must be filed within thirty (30) days of MDEQ’s decision. Miss. Code §49-17-29(4)(b).


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Contact Information









Edit Mississippi Department of Environmental Quality
Chief of MDEQ Storm Water and 401 branch 601-961-5056 SBailey@mdeqabbazabbamsabbazabbagov