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Hydropower Construction and Transportation Permits Overview (6)

Information current as of 2018

A hydropower developer must obtain a number of federal, state, and local government construction and transportation approvals related to the transportation of materials and the construction of a project and associated transmission lines. A developer may need approval to transport construction materials on state and federal highway right-of-ways, or to encroach upon federal and state land right-of-ways. A developer may also need local, state, or federal approval to clear, grade, or excavate the project site, to demolish existing structures, or to build new structures.


Construction and Transportation Permits Overview Process

6.1 to 6.2 – Will the Project Require Transporting Construction Equipment or Materials on State or Local Roads?

A developer may need approval from the state and/or local government to transport oversize or overweight construction equipment or materials on state or local roads. Oftentimes the state’s transportation or highway authority regulates the use and maintenance of state roads and highways by setting height and weight restrictions for vehicles that need to access state roads. The developer should contact the state and/or local government entity with jurisdiction over the road or highway to determine what approvals may be required.

Alaska

In Alaska, a hydropower developer may need an Oversize and/or Overweight Permit from the Commercial Vehicle Customer Service Center of the Alaska Department of Transportation and Public Facilities to operate or move a vehicle or load on any state highways if that vehicle or load is of a size or weight exceeding the limits described in 17 AAC § 25.011. For more information, see: Transportation:
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Arkansas

In Arkansas, a hydropower developer may need an Oversize/Overweight Permit from the Arkansas State Highway Commission to transport loads that exceed the maximum dimensions or weight limit allowed on Arkansas state roads. Ark. Code. §27-35-210 . For more information, see: Oversize/Overweight Permit:
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California

In California, a hydropower developer may need an Oversize/Overweight Permit from the California Department of Transportation to move a vehicle or load that exceeds statutory limits on a state highway or street. For more information, see: Oversize/Overweight Permit:
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Colorado

In Colorado, a hydropower developer may need an Extra-legal Vehicle or Load Permit from the Colorado Department of Transportation to operate or move a vehicle or load of a size or weight exceeding the legal limits on state highways. 2 CCR 601-4 §103.1, Transport Permits for the Movement of Extra-Legal Vehicles or Loads. For more information, see:

Oversize/Overweight Permit:
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Illinois

In Illinois, a developer may need an Oversize or Overweight Permit from the Illinois Department of Transportation to move a vehicle or load on state roads that exceeds the state’s size and weight restrictions. For more information, see:

Oversize/Overweight Permit:
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Indiana

In Indiana, a hydropower developer may need an Oversize-Overweight Permit from the Indiana Department of Transportation to move an oversize or overweight vehicle on state roads. I.C. § 9-20-1. For more information, see: Oversize/Overweight Permit:
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Iowa

In Iowa, a developer may need an Oversize or Overweight Permit from the Iowa Department of Transportation to move a vehicle and load on state or interstate highways that exceeds Iowa’s vehicle size and weight restrictions. For more information, see: Oversize/Overweight Permit:
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Kentucky

In Kentucky, a hydropower developer may need an Overweight/Over-Dimensional Permit from the Kentucky Transportation Cabinet to haul materials of a certain size or weight on state roads. For more information, see: Overweight/Overweight Permit:
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Louisiana

In Louisiana, a developer may need an Oversize-Overweight Permit from the Louisiana Department of Transportation & Development (“LDOTD”) to transport loads that exceed the maximum dimensions or weight limit allowed on Louisiana state roads. LDOTD regulates oversized and overweight loads pursuant to Louisiana – La. Rev. Code. §§ 32:380 et seq., Size, Width, Height, Length, Weight and Load of Vehicles in Regular Operation and Louisiana – La. Rev. Code §§ 32:387 et seq., Vehicle Special Permits. For more information, see: Oversize/Overweight Permit:
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Minnesota

In Minnesota, a developer may need an Oversize or Overweight Permit from the Minnesota Department of Transportation if the developer’s vehicle exceeds the state’s size or weight restrictions. For more information, see: Oversize/Overweight Permit:
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Mississippi

In Mississippi, a developer may need an Oversize/Overweight Special Permit (Permit) from the Mississippi Department of Transportation (MDOT) to move vehicles of a size or weight exceeding legal limits on a state highway. MDOT has discretionary authority to regulate movement on state highways pursuant to Miss. Code Ann. § 63-5-51(1). Oversize/Overweight Permit:
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Missouri

In Missouri, a developer may need an Oversize/Overweight Permit from the Missouri Department of Transportation (“MoDOT”) to transport loads that exceed the maximum dimensions or weight limit allowed on Missouri state roads. For more information, see: Oversize/Overweight Permit:
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New York

In New York, a hydropower developer may need a Special Hauling Permit from the New York State Department of Transportation to move vehicles and/or loads on state highways and bridges, if the vehicle and/or loads exceed the legal dimensions or weight. For more information, see: Oversize/Overweight Permit:
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North Dakota

In North Dakota, a developer may need an Oversize or Overweight Permit from the North Dakota Highway Patrol to move a vehicle and load on state roads that exceeds North Dakota’s vehicle size and weight restrictions. For more information, see:

Oversize/Overweight Permit:
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Ohio

In Ohio, a hydropower developer may need a Special Hauling Permit from the Ohio Department of Transportation and/or the Ohio Turnpike and Infrastructure Commission to transport loads that exceed the maximum dimensions or weight limit allowed on state roads and the Ohio Turnpike. For more information, see:

Oversize/Overweight Permit:
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Pennsylvania

In Pennsylvania, a hydropower developer may need a Special Hauling Permit from the Pennsylvania Department of Transportation prior to moving an oversized or overweight load on state roads. For more information, see: Oversize/Overweight Permit:
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Tennessee

In Tennessee, a hydropower developer may need an Oversize/Overweight Permit from the Tennessee Department of Transportation to transport vehicles and loads that exceed the state’s size and weight restrictions. For more information, see: Oversize/Overweight Permit:
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Vermont

In Vermont, a hydropower developer may need an Overweight and Overdimension Vehicle Permit from the Vermont Department of Motor Vehicles to operate a vehicle over state highways and/or certain town highways in excess of the legal limits on weight and dimension. For more information, see: Oversize/Overweight Permit:
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Washington

In Washington, a hydropower developer may need an Oversize/Overweight Permit from the Washington State Department of Transportation to transport overweight or oversized loads to the construction site. For more information, see: Oversize/Overweight Permit:
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West Virginia

In West Virginia, a hydropower developer may need an Oversize or Overweight Permit from the West Virginia Department of Transportation in order to move an oversize or overweight vehicle on state roads. For more information, see: Oversize/Overweight Permit:
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Wisconsin

In Wisconsin, a developer may need an Oversize or Overweight Permit from the Wisconsin Department of Transportation to move a vehicle and load that exceeds the state’s size and weight restrictions on state roads. For more information, see: Oversize/Overweight Permit:
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6.3 to 6.4 – Will the Project Encroach on a State or Local Highway Right-of-Way?

A developer may need a lease, right-of-way, or other approval from the state or local agency with jurisdiction for projects that encroach upon a state or local highway. State and local governments require an encroachment approval (e.g., lease, right-of-way, etc.) for any object placed in, over, or under a local or state highway right-of-way (i.e. towers, poles, pipelines, fences, and other structures), as well as when a private access road or driveway joins a public road.

Alaska

In Alaska, a hydropower developer may need an Encroachment Permit from the Alaska Department of Transportation and Public Facilities (DOT&PF) prior to constructing, maintaining, or changing an encroachment within a DOT&PF highway right-of-way, unless otherwise provided for by agency regulations. 17 AAC § 10.010; Alaska Stat. § 19.25.200(a). For more information, see: State Highway Right-of-Way:
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Arkansas

In Arkansas, a hydropower developer must obtain a may need a State Highway Right-of-Way Permit from the Arkansas State Highway and Transportation Department (AHTD) when a project encroaches within a state highway right-of-way. AHTD issues two types of State Highway Right-of-Way Permits (i.e., District Utility Permits and AHTD Utility Permits) that allow utilities to “install, relocate, maintain or remove” facilities on state highway property. For more information, see: State Highway Right-of-Way Overview:
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California

In California, a hydropower developer may need a State Highway Encroachment Permit from the California Department of Transportation for all activities related to the placement of encroachments within, under or over California highway rights-of-way. Cal. Sts. & High. Code § 670(a)(2). For more information, see:

State Highway Right-of-Way:
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Colorado

In Colorado, a hydropower developer may need a State Highway Access Permit and/or a State Utility-Special Use Permit from the Colorado Department of Transportation for projects that encroach on a State highway right-of-way. CRS 43-1-110 et seq., Powers and Duties of the Department of Transportation; CRS 43-2-102, Department of Transportation Maintain Highway System; Colorado – C.R.S. 43-2-147, Access to Public Highways. For more information, see: State Highway Right-of-Way Overview:
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Illinois

In Illinois, a hydropower developer may need a Highway Utility Permit from the Illinois Department of Transportation to work within the right-of-way of an Interstate, U.S. State route, Illinois state route, or state maintained roadway. 606 I.C.S §9-113; Illinois Department of Transportation Website – Utility Permits. For more information, see: State Highway Right-of-Way:
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Indiana

In Indiana, a hydropower developer may need a Highway Right-of-Way Permit from the Indiana Department of Transportation prior to constructing a project in a state highway right-of-way. For more information, see: State Highway Right-of-Way:
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Iowa

In Iowa, a hydropower developer may need a Utility Permit from the Iowa Department of Transportation to place utility structures in a state highway right-of-way. For more information, see: State Highway Right-of-Way:
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Kentucky

In Kentucky, a hydropower developer may need a State Highway Encroachment Permit from the Kentucky Department of Highways for projects that encroach on a state highway right-of-way. For more information, see: State Highway Right-of-Way:
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Louisiana

In Louisiana, a hydropower developer may need a State Highway Right-of-Way Utility Permit from the Louisiana Department of Transportation & Development for projects that encroach on a state highway right-of-way. Louisiana – La. Admin. Code tit. 70.2.1 et seq., Utilities; Louisiana – La. Stat. Ann. §§ 48:381 et seq., Utilities and Facilities. For more information, see: State Highway Right-of-Way Permit:
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Minnesota

In Minnesota, a hydropower developer may need a Utility Accommodation Permit from the Minnesota Department of Transportation in order to construct utility lines in a state highway right-of-way. For more information, see: State Highway Right-of-Way:
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Mississippi

In Mississippi, a hydropower developer may need a State Highway Right-of-Way Encroachment Permit from the Mississippi Department of Transportation for projects that encroach on a state highway right-of-way. 37-04002 Miss. Code. R. §1100. For more information, see: State Highway Right-of-Way Permit:
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Missouri

In Missouri, a hydropower developer may need a Right-of-Way Construction Permit from the Missouri Department of Transportation for projects that involve the installation, relocation, or maintenance of a utility on the right-of-way of a state roadway, or if the project will affect the roadway, shoulders, or right-of-way. § 643.3.1. For more information, see: State Highway Right-of-Way:
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New York

In New York, a hydropower developer may need a State Highway Permit for Non-Utility Work and/or a State Highway Utility Work Permit for projects that encroach on, or require work within a State highway right-of-way. N.Y. Highway L. § 52. Additionally, a developer may need a Occupancy Permit and/or a Work Permit from the New York State Thruway Authority (Thruway Authority) in order to use, occupy, or conduct work on real property under the Thruway Authority’s jurisdiction. For more information, see: State Highway Right-of-Way Overview:
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North Dakota

In North Dakota, a hydropower developer may need a Utility Occupancy Permit from the North Dakota Department of Transportation before installing, replacing, or maintaining any utilities on a state highway right-of-way. For more information, see: State Highway Right-of-Way:
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Ohio

In Ohio, a hydropower developer may need one or more permits from the Ohio Department of Transportation in order to “use or occupy” a portion of a state road or highway right-of-way. O.R.C. § 5515.01. For more information, see: State Highway Right-of-Way Overview:
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Pennsylvania

In Pennsylvania, a hydropower developer may need a Highway Occupancy Permit from the Pennsylvania Department of Transportation before performing any work along or within a state highway right-of-way involving the placing of utilities facilities or other structures. 67 PA. Code. §459.3(a)(1980). For more information, see: State Highway Right-of-Way:
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Tennessee

In Tennessee, a hydropower developer may need to apply for and execute an Utility Use and Occupancy Agreement with the Tennessee Department of Transportation to install a new utility facility within a state highway right-of-way. Tenn. Comp. R. & Regs. 1680-6-1-.04. For more information, see: State Highway Right-of-Way:
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Vermont

In Vermont, a hydropower developer may need a Highway Right-of-Way Permit from the Vermont Agency of Transportation prior to performing any work within or near a state highway right-of-way. For more information, see: State Highway Right-of-Way:
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Washington

In Washington, a hydropower developer may need a Utility Permit or Franchise from the Washington State Department of Transportation to place a utility facility within a state highway right-of-way. For more information, see: State Highway Right-of-Way:
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West Virginia

In West Virginia, a hydropower developer may need a State Highway Right-of-Way Permit from the West Virginia Division of Highways for projects that encroach on a state highway right-of-way. For more information, see: State Highway Right-of-Way:
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Wisconsin

In Wisconsin, a hydropower developer may need a Utility Permit from the Wisconsin Department of Transportation to construct, operate and maintain utility facilities within a state trunk highway right-of-way. 66 Wis. Stat. §§ 66.0831. For more information, see: State Highway Right-of-Way:
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6.5 to 6.8 – Will the Project Require a Construction Stormwater Permit?

A developer may need to obtain a Construction Stormwater Permit for construction stormwater discharges into waters of the U.S. When it rains, stormwater washes over the loose soil on a construction site, along with various materials and products being stored outside. As stormwater flows over the site, it can pick up pollutants like sediment, debris, and chemicals from that loose soil and transport them to nearby storm sewer systems or directly into rivers, lakes, or coastal waters. United States Environmental Protection Agency – National Pollutant Discharge Elimination (NPDES) Construction Stormwater Discharges Webpage.

The Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES) program requires a developer to obtain approval for the discharge of pollutants into “waters of the United States.” 40 CFR § 122.1(b)(1); See generally 33 U.S.C. § 1342.

In terms of construction activities, the NPDES program requires a developer to obtain a Construction Stormwater Permit or equivalent approval to discharge stormwater from a construction site into waters of the U.S. 40 CFR § 122.26((c). Specifically, 40 CFR § 122.26(b)(14)(x), (b)(15)(i) defines a construction project as a project that involves clearing, grading, and excavating and that results in land disturbance of equal to or greater than one (1) acre or is part of a larger plan of common development or sale that will disturb one (1) or more acres. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the project. 40 CFR § 122.26(b)(15)(i).


Waters of the United States

In 2015, United States Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) promulgated a rule modifying the definition of “waters of the United States.” Thirty-One states and other parties sought judicial review in multiple actions in Federal district courts and circuit courts of appeal, raising concerns about the scope and legal authority of the 2015 Rule. The Sixth Circuit stayed the 2015 Rule nationwide to restore the “pre-Rule regime, pending judicial review” (see Ohio, et al. v. EPA, Order of Stay). In light of the Sixth Circuit’s order, EPA and USACE continue to implement the CWA through the prior regulatory definition under 40 CFR 230.3(s); 33 CFR 328.

Complicating the issue further, however, are challenges to the Sixth Circuit’s jurisdiction to issue the preliminary injunction. On October 11, 2017, the Supreme Court held oral argument on the question of whether the Sixth Circuit has original jurisdiction to review challenges to the 2015 Rule. The Supreme Court could issue a decision resolving the question at any time.

On February 28, 2017, the President of the United States issued Executive Order 13778– Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the Waters of the United States Rule. The Executive Order directed EPA and USACE to issue a proposed rule rescinding or revising the 2015 Rule. On July 27, 2017, EPA and USACE proposed a new rule to rescind the 2015 Rule and replace it with the legal principles established prior to the 2015 Rule. In additional rulemaking, EPA and USACE are proposing that the new legal principles (IE: the legal principles established prior to the 2015 rule) not be implemented until two years after the publication date of the final rule to ensure that there is sufficient time to consider all the relevant factors involved. During this time, the agencies will continue to implement the previous regulatory definition of “waters of the United States” as they are currently doing under the Sixth Circuit's stay.

Given this uncertainty, developers should anticipate continued litigation on this matter and continue to monitor the issue at the state and national level. The EPA provides up-to-date information on the Environmental Protection Agency - Clean Water Rule Website.

Under 40 CFR 230.3(o)(1), the term "waters of the United States" means:

(i) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;
(ii) All interstate waters, including interstate wetlands;
(iii) The territorial seas;
(iv) All impoundments of waters otherwise identified as waters of the United States under this section;
(v) All tributaries, as defined in 40 CFR 230.3(o)(3)(iii), of waters identified in paragraphs 40 CFR 230.3(o)(1)(i) through (iii);
(vi) All waters adjacent to a water identified in 40 CFR 230.3(o)(1)(i) through (v), including wetlands, ponds, lakes, oxbows, impoundments, and similar waters;
(vii) All waters in 40 CFR 230.3(o)(1)(vii)(A) through (E) where they are determined, on a case-specific basis, to have a significant nexus to a water identified in 40 CFR 230.3(o)(1)(i) through (iii). The waters identified in each of paragraphs 40 CFR 230.3(o)(1)(vii)(A) through (E) are similarly situated and shall be combined, for purposes of a significant nexus analysis, in the watershed that drains to the nearest water identified in 40 CFR 230.3(o)(1)(i) through (iii). Waters identified in this paragraph shall not be combined with waters identified in 40 CFR 230.3(o)(1)(vi) when performing a significant nexus analysis. If waters identified in this paragraph are also an adjacent water under 40 CFR 230.3(o)(1)(vi), they are an adjacent water and no case-specific significant nexus analysis is required.
(A) Prairie potholes. Prairie potholes are a complex of glacially formed wetlands, usually occurring in depressions that lack permanent natural outlets, located in the upper Midwest.
(B) Carolina bays and Delmarva bays. Carolina bays and Delmarva bays are ponded, depressional wetlands that occur along the Atlantic coastal plain.
(C) Pocosins. Pocosins are evergreen shrub and tree dominated wetlands found predominantly along the Central Atlantic coastal plain.
(D) Western vernal pools. Western vernal pools are seasonal wetlands located in parts of California and associated with topographic depression, soils with poor drainage, mild, wet winters and hot, dry summers.
(E) Texas coastal prairie wetlands. Texas coastal prairie wetlands are freshwater wetlands that occur as a mosaic of depressions, ridges, intermound flats, and mima mound wetlands located along the Texas Gulf Coast.
(viii) All waters located within the 100-year floodplain of a water identified in 40 CFR 230.3(o)(1)(i) through (iii) and all waters located within 4,000 feet of the high tide line or ordinary high water mark of a water identified in 40 CFR 230.3(o)(1)(i) through (v) where they are determined on a case-specific basis to have a significant nexus to a water identified in paragraphs 40 CFR 230.3(o)(1)(i) through (iii). For waters determined to have a significant nexus, the entire water is a water of the United States if a portion is located within the 100-year floodplain of a water identified in 40 CFR 230.3(o)(1)(i) through (iii) or within 4,000 feet of the high tide line or ordinary high water mark. Waters identified in this paragraph shall not be combined with waters identified in 40 CFR 230.3(o)(1)(vi) when performing a significant nexus analysis. If waters identified in this paragraph are also an adjacent water under 40 CFR 230.3(o)(1)(vi), they are an adjacent water and no case-specific significant nexus analysis is required.

The waters of the United States do not include numerous sources of water even where they otherwise meet the terms of 40 CFR 230.3(o)(1)(iv) through (vii). Generally not included are waters associated with waste treatment systems, prior converted cropland, ditches, numerous types of artificial features, groundwater, stormwater control features, and structures related to wastewater recycling (for a detailed description see 40 CFR 230.3(o)(2)).


Under the CWA, individual states can administer NPDES programs, including construction stormwater activities, as long as each state’s program conforms to the requirements of the CWA and is approved by the United States Environmental Protection Agency (EPA). 40 CFR § 123. Most states have implemented the NPDES requirements by administering a Construction Stormwater General Permit.

Individual state programs may expand upon the federal NPDES threshold requirements. See generally 33 U.S.C. § 1342. States may also require a Stormwater Discharge Permit for construction projects disturbing less than one (1) acre if the discharge, or a category of discharges within a geographic area, would contribute to a violation of a water quality standard, would be a significant contributor to pollution of state or U.S. waters, or would exceed pollutant “total maximum daily load” limitations for a water source. 40 CFR § 122.26(a)(1)(v), (a)(9)(i)(C)-(D). Most states designate a single regulatory agency (e.g., state environmental quality department) with the responsibility of implementing NPDES and regulating construction stormwater discharges.

The developer should contact the state agency with jurisdiction to determine the approvals required for construction stormwater discharges or whether the EPA has maintained authority to implement NPDES for construction stormwater activities in that state.

Alaska

In Alaska, a hydropower developer may need to an Stormwater Construction General Permit from the Alaska Department of Environmental Conservation for stormwater discharges from certain construction activities. For more information see: Construction Stormwater Permit:
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Arkansas

In Arkansas, a hydropower developer may need a Construction Stormwater General Permit from the Arkansas Department of Environmental Quality for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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California

In California, a hydropower developer may need a General Permit for Discharges of Stormwater Associated with Construction Activities from the California State Water Resources Control Board for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Colorado

In Colorado, a hydropower developer may need a Colorado Discharge Permit System General Discharge Permit from the Colorado Department of Public Health and Environment for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Illinois

In Illinois, a developer may need a Construction Stormwater General Permit from the Illinois Environmental Protection Agency for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Indiana

In Indiana, a hydropower developer may need a Construction Site Run-off General Permit from the Indiana Department of Environmental Management or a local Soil and Water Conservation District for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Iowa

In Iowa, a developer may need a Construction Stormwater General Permit from the Iowa Department of Natural Resources for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Kentucky

In Kentucky, a hydropower developer may need a Stormwater Construction General Permit from the Kentucky Department of Environmental Protection for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Louisiana

In Louisiana, a developer may need a Construction Stormwater General Permit from the Louisiana Department of Environmental Quality for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Minnesota

In Minnesota, a developer may need a Construction Stormwater General Permit from the Minnesota Pollution Control Agency for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Mississippi

In Mississippi, a developer may need to obtain a Construction Stormwater General Permit from the Mississippi Department of Environmental Quality for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Missouri

In Missouri, a developer may need a Construction or Land Disturbance Stormwater Permit (“General Permit”) from the Missouri Department of Natural Resources for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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New York

In New York, a hydropower developer may need a New York SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-15-002) from the New York State Department of Environmental Conservation for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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North Dakota

In North Dakota, a hydropower developer may need a Construction Stormwater General Permit from the North Dakota Department of Health for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Ohio

In Ohio, a hydropower developer may need a Construction Storm water General Permit from the Ohio Environmental Protection Agency for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Pennsylvania

In Pennsylvania, a hydropower developer may need a Construction Stormwater General Permit from the Pennsylvania Department of Environmental Protection for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Tennessee

In Tennessee, a hydropower developer may need a Construction Stormwater General Permit from the Tennessee Department of Environment and Conservation for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Vermont

In Vermont, a hydropower developer may need to obtain a Vermont General Permit 3-9020 for Stormwater Runoff from Construction Sites from the Vermont Department of Environmental Conservation for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Washington

In Washington, a hydropower developer may need a Construction Stormwater General Permit from the Washington State Department of Ecology for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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West Virginia

In West Virginia, a hydropower developer may need a Construction Stormwater General Permit from the West Virginia Department of Environmental Protection for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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Wisconsin

In Wisconsin, a developer may need to obtain a Construction Stormwater General Permit from the Wisconsin Department of Natural Resources for stormwater discharges from certain construction activities. For more information, see: Construction Stormwater Permit:
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The EPA has maintained authority to implement the NPDES program for construction stormwater activities in some states. Therefore, in these states the EPA is the agency in charge of issuing Construction Stormwater Permits. If the state does not have authority to implement the NPDES, then the developer should follow the Construction Stormwater General Permit process issued by the EPA. For more information on the EPA administered Construction Stormwater General Permit, see:

Construction Stormwater General Permit:
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6.9 to 6.10 – Does the Project Require Any Additional State Construction or Transportation Approvals?

A developer may require additional state construction or transportation approvals for the project. The developer should contact the appropriate state regulatory entity with jurisdiction to ensure that compliance with any other construction or transportation approvals. For example, a state may approval for anytime groundwater may commingle with stormwater or surface water during construction activities or where commingled water needs to be discharged to surface water or back to the ground.

Colorado

In Colorado, a hydropower may need a Construction Dewatering General Permit “anytime groundwater, including groundwater that is commingled with stormwater or surface water, is encountered during construction activities where the groundwater or commingled water needs to be discharged to surface water or back to the ground.” Construction Dewater Activities Frequently Asked Questions, at p.1. For more information, see: Construction Dewatering Permit:
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6.11 to 6.12 – Does the Project Involve Construction of a Hydropower Facility?

If the project will involve construction of a hydropower facility (e.g., hydroelectric dam, run-of-river, pumped storage, or small hydropower including small conduit), then the developer should consult the Facility Licensing, Certification, Safety, and Regulation Flowchart applicable to the state in which the project will take place. For more information see:

Facility Licensing, Certification, Safety and Regulation: 7

6.13 to 6.16 – Will the Project Require Demolishing an Existing Structure, Building a New Structure, Grading Land, Installing Plumbing, or an Exception from Local Zoning Regulations?

In most jurisdictions, local governments require a demolition permit prior to the removal or demolition of any building, structure, or part thereof. In addition, local governments require developers to obtain building permits for all new construction or alteration to existing structures. Projects requiring earthmoving and grading activities usually require a grading permit from the local government. Local governments require plumbing permits for underground piping, piping inside of walls, above ceilings, and beneath floors. Finally, in many instances, a conditional use permit (CUP) allows a local government to consider special uses that may be essential or desirable to the local community through a public hearing process that generally are not allowed under the local governments zoning regulations. Local governments may also use CUPs to control certain uses, which might have negative effects on the community.

For more information on local regulations and permitting requirements, contact the appropriate local county agency where the proposed hydropower facility will be located.

6.15 – No Permit Needed; Continue with Project

If no permit is needed, then the developer may continue with the project.