RAPID/Roadmap/6 (1)
Hydropower Construction and Transportation Permits Overview (6)
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:
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:
6-AR-a
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:
6-CA-a
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:
Illinois
In Illinois, a hydropower developer may need an Oversize-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:
6-IL-a
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:
Iowa
In Iowa, a hydropower 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:
6-IA-a
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:
6-KY-a
Louisiana
In Louisiana, a hydropower developer may need an Oversize-Overweight Permit from the Louisiana Department of Transportation & Development to transport loads that exceed the maximum dimensions or weight limit allowed on state roads. For more information, see:
Oversize/Overweight Permit:
6-LA-a
Minnesota
In Minnesota, a hydropower developer may need an Oversize-Overweight Permit from the Minnesota Department of Transportation to move a vehicle or load that exceeds the state’s size or weight restrictions. For more information, see:
Oversize/Overweight Permit:
6-MN-a
Mississippi
In Mississippi, a hydropower developer may need an Oversize-Overweight Permit from the Mississippi Department of Transportation to transport loads that exceed the maximum dimensions or weight limit allowed on state roads. Miss. Code Ann. § 63-5-51. For more information, see:
Oversize/Overweight Permit:
6-MS-a
Missouri
In Missouri, a hydropower developer may need an Oversize-Overweight Permit from the Missouri Department of Transportation to transport loads that exceed the maximum dimensions or weight limit allowed on state roads. For more information, see:
Oversize/Overweight Permit:
6-MO-a
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:
6-NY-a
North Dakota
In North Dakota, a hydropower developer may need an Oversize or Overweight Permit from the North Dakota Highway Patrol in order to move a vehicle and load on state roads that exceeds vehicle size and weight restrictions. For more information, see:
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:
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:
6-PA-a
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:
6-TN-a
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:
6-VT-a
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:
6-WA-a
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:
6-WV-a
Wisconsin
In Wisconsin, a hydropower developer may need an Oversize or Overweight Permit from the Wisconsin Department of Transportation in order 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:
6-WI-a
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:
3-AK-c
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:
3-AR-c
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:
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:
3-CO-c
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:
3-IL-c
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:
3-IN-c
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:
3-IA-c
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:
3-KY-c
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:
3-LA-c
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:
3-MN-c
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:
3-MS-c
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:
3-MO-c
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:
3-NY-c
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:
3-ND-c
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:
3-OH-c
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:
3-PA-c
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:
3-TN-c
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:
3-VT-c
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:
3-WA-c
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:
3-WV-c
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:
3-WI-c
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 C.F.R. § 122.1(b)(1); See generally 33 U.S.C. § 1342.
NOTE: Readers should be aware of the recent Supreme Court decision in Sackett v. EPA and proposed rules on this matter and continue to monitor the issue at the state and national level. On November 18, 2021, the U.S. Environmental Protection Agency (EPA) and the Department of the Army announced the signing of a proposed rule to revise the definition of “Waters of the United States,” effectively revoking the Navigable Waters Protection Rule. The final rule was published on January 25, 2023 and became effective March 25, 2023. On April 12, 2023, a district court judge in the federal district of North Dakota issued a preliminary injunction of the WOTUS rule in 24 states, preventing the administration of the rule in those states. An additional two states were affected by a previous injunction of the rule, bringing the total number of states in which the rule is stayed to 26. Concurrent to the development of the WOTUS rule, the Supreme Court of the United States granted Certiorari in Sackett v. EPA. In the case, a dispute over the fill of a wetland, the Ninth Circuit Court of Appeals applied the significant nexus test to find that the wetland was covered by the Clean Water Act. The test used by the Court of Appeals, based on Supreme Court precedent, is largely codified by the Final Rule. The sole issue on appeal in Sackett was whether this significant nexus test was the correct test to apply for determining jurisdiction over wetlands or whether some other test should be used. On May 25, 2023, the Supreme Court rejected the significant nexus test. The Court held that federal jurisdiction over wetlands applies only to those wetlands that have “a continuous surface connection to bodies that are ‘waters of the United States’ in their own right, so that there is demarcation between ‘waters’ and wetlands. In light of this decision the EPA and Department of the Army are developing a proposed rule to amend the rule for the “Waters of the United States” definition. The proposed rule is expected to be published in fall 2023. Readers should continue to monitor the issue at the state and national level.
Waters of the United States
In the states of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin, the new definition of "Waters of the United States" went into effect on March 25, 2023. Under the new rule, “Waters of the United States” are defined as:
- The territorial seas, and 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;
- Tributaries;
- Lakes and ponds, and impoundments of jurisdictional waters; and
- Adjacent wetlands. 33 C.F.R. § 328.3(a).
Tributaries must be relatively permanent, standing or continuously flowing bodies of water; or, either alone or in combination with similarly situated waters in the region, significantly affect the chemical, physical, or biological integrity of downstream waters that are subject to the Clean Water Act. 33 C.F.R. § 328.3(a)(3).
Similarly, Wetlands must be relatively permanent, standing or continuously flowing bodies of water with a continuous surface connection to jurisdictional waters; or, either alone or in combination with similarly situated waters in the region, must significantly affect the chemical, physical, or biological integrity of waters subject to the Clean Water Act. 33 C.F.R. § 328.3(a)(4). “Wetlands” are defined as “those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.” 33 C.F.R. § 328.3(c)(1).
For both tributaries and wetlands, “Significantly affect” means “A material influence on the chemical, physical, or biological integrity of waters” subject to the Clean Water Act. To determine whether waters, either alone or in combination with similarly situated waters in the region, have a material influence on the chemical, physical, or biological integrity of waters, the following factors must be assessed:
- Contribution of flow;
- Trapping, transformation, filtering, and transport of materials (including nutrients, sediment, and other pollutants);
- Retention and attenuation of floodwaters and runoff;
- Modulation of temperature in waters identified in paragraph (a)(1) of this section; or
- Provision of habitat and food resources for aquatic species located in waters subject to the Clean Water Act.
In addition, the following factors must be considered:
- The distance from a water subject to the Clean Water Act;
- Hydrologic factors, such as the frequency, duration, magnitude, timing, and rate of hydrologic connections, including shallow subsurface flow;
- The size, density, or number of waters that have been determined to be similarly situated;
- Landscape position and geomorphology; and
- Climatological variables such as temperature, rainfall, and snowpack.
In the states of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming, federal district courts have enjoined the EPA's new definition of Waters of the United States. Therefore, in these states, the old definition of "Waters of the United States" currently applies. This definition of "Waters of the United States" includes:
- The territorial seas, and 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;
- Tributaries;
- Lakes and ponds, and impoundments of jurisdictional waters; and
- Adjacent wetlands. 33 C.F.R. § 328.3(a).
Tributaries must be perennial or intermittent within a typical year, which the rule defines as a year "when precipitation and other climatic variables are within the normal periodic range for the geographic area of the applicable aquatic resource based on a rolling thirty-year period." 33 C.F.R. § 328.3(c)(13).
"Waters of the United States" do not include:
- Waters or water features that are not identified in paragraph (a)(1), (2), (3), or (4) of this section;
- Groundwater, including groundwater drained through subsurface drainage systems;
- Ephemeral features, including ephemeral streams, swales, gullies, rills, and pools;
- Diffuse stormwater run-off and directional sheet flow over upland;
- Ditches that are not waters identified in paragraph (a)(1) or (2) of this section, and those portions of ditches constructed in waters identified in paragraph (a)(4) of this section that do not satisfy the conditions of paragraph (c)(1) of this section;
- Prior converted cropland;
- Artificially irrigated areas, including fields flooded for agricultural production, that would revert to upland should application of irrigation water to that area cease;
- Artificial lakes and ponds, including water storage reservoirs and farm, irrigation, stock watering, and log cleaning ponds, constructed or excavated in upland or in non-jurisdictional waters, so long as those artificial lakes and ponds are not impoundments of jurisdictional waters that meet the conditions of paragraph (c)(6) of this section;
- Water-filled depressions constructed or excavated in upland or in non-jurisdictional waters incidental to mining or construction activity, and pits excavated in upland or in non-jurisdictional waters for the purpose of obtaining fill, sand, or gravel;
- Stormwater control features constructed or excavated in upland or in non-jurisdictional waters to convey, treat, infiltrate, or store stormwater run-off;
- Groundwater recharge, water reuse, and wastewater recycling structures, including detention, retention, and infiltration basins and ponds, constructed or excavated in upland or in non-jurisdictional waters; and
- Waste treatment systems. 33 C.F.R. § 328.3(b).
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 C.F.R. § 122.26((c). Specifically, 40 C.F.R. §§ 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 C.F.R. § 122.26(b)(15)(i).
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 C.F.R. § 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 C.F.R. §§ 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:
6-AK-b
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:
6-AR-b
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:
6-CA-b
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:
6-CO-b
Illinois
In Illinois, a hydropower 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:
6-IL-b
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:
6-IN-b
Iowa
In Iowa, a hydropower 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:
6-IA-b
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:
6-KY-b
Louisiana
In Louisiana, a hydropower 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:
6-LA-b
Minnesota
In Minnesota, a hydropower 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:
6-MN-b
Mississippi
In Mississippi, a hydropower developer may need 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:
6-MS-b
Missouri
In Missouri, a hydropower developer may need a Construction Stormwater Permit from the Missouri Department of Natural Resources for stormwater discharges from certain construction activities. For more information, see:
Construction Stormwater Permit:
6-MO-b
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:
6-NY-b
North Dakota
In North Dakota, a hydropower developer may need a Construction Stormwater General Permit from the North Dakota Department of Environmental Quality for stormwater discharges from certain construction activities. For more information, see:
Construction Stormwater Permit:
6-ND-b
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:
6-OH-b
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:
6-PA-b
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:
6-TN-b
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:
6-VT-b
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:
6-WA-b
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:
6-WV-b
Wisconsin
In Wisconsin, a hydropower developer may need 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:
6-WI-b
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:
6-FD-a
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:
6-CO-e
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.
Contact Information
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Regulations
- Clean Water Act
- Title 40 CFR 230 Section 404(b)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material
- Title 40 CFR 122 EPA Administered Permit Programs: NPDES
- Title 40 CFR 230 Definitions - Clean Water Act
- Title 40 CFR 230 Section 404(b)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material
- Title 40 CFR 123 State Program Requirements
- Executive Order 13778– Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the Waters of the United States Rule
- 33 CFR 328
References
- United States Environmental Protection Agency – National Pollutant Discharge Elimination (NPDES) Construction Stormwater Discharges Webpage
- North Dakota, et al. v. EPA, Memorandum Opinion and Order Granting Plaintiffs' Motion for Preliminary Injunction
- Ohio, et al. v. EPA, Order of Stay
- Environmental Protection Agency - Clean Water Rule Website
- Colorado - Floodplain Stormwater and Criteria Manual