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Bulk Transmission Construction and Transportation Permits Overview (6)

Information current as of 2020
A bulk transmission 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. 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.

Currently, the RAPID Toolkit does not have state specific content regarding transportation approvals for bulk transmission development.


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.

Alabama

Currently, the RAPID Toolkit does not have state specific content regarding state highway right-of-way’s for bulk transmission development in Alabama.

Alaska

In Alaska, a bulk transmission 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 Overview:
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Arizona

In Arizona, a bulk transmission developer may need a State Highway Encroachment Permit from the Arizona Department of Transportation for projects that encroach upon a state highway. For more information, see:

State Highway Right-of-Way Overview:
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Arkansas

In Arkansas, a bulk transmission developer 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 bulk transmission 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 bulk transmission 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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Connecticut

In Connecticut, a bulk transmission developer may need an Encroachment Permit from the Connecticut Department of Transportation prior to constructing transmission lines in a state highway right-of-way. For more information, see: State Highway Right-of-Way:
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Delaware

In Delaware, a bulk transmission developer may need a Utility Construction Permit from the Delaware Department of Transportation to construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road. Del. Code. Ann. tit. 17 § 146(b). For more information, see:

State Highway Right-of-Way:
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Florida In Florida, a bulk transmission developer may need a Utility Permit from the Florida Department of Transportation prior to building, modifying, adding to, operating, or relocating a new or existing utility on a right-of-way. For more information, see: State Highway Right-of-Way:
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Georgia

In Georgia, a transmission developer may need a Utility Encroachment Permit from the Georgia Department of Transportation for any project that encroaches on, uses or occupies any part of state highway right-of-way. Ga. Code Ann. §§ 32-6-1(a); Georgia Department of Transportation Utility Accommodation Policy and Standards, at 3-1. For more information, see: State Highway Right-of-Way:
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Hawaii

In Hawaii, a bulk transmission developer may need a number of state highway right-of-way permits for any project activity that is adjacent to or within a state highway right-of-way. For more information, see: State Highway Right-of-Way Overview:
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Idaho

In Idaho, a bulk transmission developer may need a State Highway Encroachment Permit from the Idaho Transportation Department to add, modify, relocate, maintain, or remove an encroachment on the state highway or within the state highway rights-of way under IDAPA 39.03.42. For information, see: State Highway Right-of-Way:
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Illinois

In Illinois, a bulk transmission 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 bulk transmission 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 bulk transmission 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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Kansas

In Kansas, a bulk transmission developer may need a Use of Highway Right-of-Way or a Utility Permit Agreement from the Kansas Department of Transportation if the project will involve the installation, relocation, removal, or maintenance along, over or under any state highway right-of-way. K.S.A.§§ 68-404, 415; Kansas Department of Transportation - Utility Accommodation Policy. For more information, see:

State Highway Right-of-Way Overview:
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Kentucky

In Kentucky, a bulk transmission 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 bulk transmission 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:
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Maine

In Maine, a bulk transmission developer may need a State Highway Utility Location Permit and/or a State Highway Opening Permit from the Maine Department of Transportation prior to constructing transmission lines in a state highway right-of-way. If the project requires access to a municipal street or state-aid highway in a compact area of a compact urban municipality, then the project developer may need to submit their permit applications to the appropriate municipal authorities. For more information, see:

State Highway Right-of-Way Overview:
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Maryland

In Maryland, a bulk transmission may need a State Highway Administration Utility Permit from the Maryland State Highway Administration to construct transmission lines on, under, over, or near a state highway. MD. Code Ann., Transportation § 8-204 (1977). For more information, see:

State Highway Right-of-Way:
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Massachusetts

In Massachusetts, a bulk transmission developer may need a Permit to Access State Highway from the Massachusetts Department of Transportation prior to constructing transmission lines near a state highway right-of-way. For more information, see: State Highway Right-of-Way:
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Michigan

In Michigan, the bulk transmission developer of a utility may need a Right-of-Way Construction Permit from the Michigan Department of Transportation Development Services Division in order to construct facilities or undertake operations, other than normal vehicular or pedestrian travel, on a state highway right-of-way. For more information, see:

State Highway Right-of-Way:
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Minnesota

In Minnesota, a bulk transmission 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 bulk transmission 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:
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Missouri

In Missouri, a bulk transmission 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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Montana

In Montana, a bulk transmission developer may need a number of state highway encroachment permits from the Montana Department of Natural Resources & Conservation to access a state highway right-of-way. For more information, see:

State Highway Right-of-Way Overview:
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Nebraska

In Nebraska, a bulk transmission developer may need an Occupy Right-of-Way Permit from the Nebraska Department of Roads to encroach upon any portion of a state highway right-of-way with an underground or aboveground pipe, pole line, conduit or guy wire. 39 N.R.S. §§ 1359(1), 1361; 410 N.A.C §§ 001.02, 002.02; Department of Roads Permit Application Guidelines, at p.2. For more information, see:

State Highway Right-of-Way:
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Nevada

In Nevada, a bulk transmission developer may need a State Highway Encroachment Permit from the Nevada Department of Transportation for any projects that encroach on any Nevada street, highway, or other right-of-way for one year or longer. For more information, see:

State Highway Right-of-Way:
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New Hampshire

In New Hampshire, a bulk transmission developer may need a Excavation Permit, Encroachment Permit, Pole License, and/or Use and Occupancy Agreement from the New Hampshire Department of Transportation prior to constructing transmission lines near a state highway or railroad right-of-way. Utility Accommodation Manual. For more information, see:

State Highway Right-of-Way Overview:
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New Jersey

In New Jersey, a bulk transmission developer may need approval from the New Jersey Department of Transportation prior to constructing a transmission facility over, under, or within a state highway right-of-way. For more information, see:

State Highway Right-of-Way Overview:
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New Mexico

In New Mexico, a bulk transmission developer may need a number of state highway encroachment permits from the New Mexico Department of Transportation to access a state highway right-of-way. For more information, see:

State Highway Right-of-Way Overview:
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New York

In New York, a bulk transmission 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 Carolina

In North Carolina, a bulk transmission developer may need a Utility Encroachment from the North Carolina Department of Transportation to construct a transmission line on, under, over, or near a state highway. N.C. Gen. Stat. Ann. §136-18 (1921), 19A N.C. Admin. Code 2b.0502(a) (1981). For more information, see:

State Highway Right-of-Way:
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North Dakota

In North Dakota, a bulk transmission 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 bulk transmission 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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Oklahoma

Currently, the RAPID Toolkit does not have state specific content regarding state highway right-of-way’s for bulk transmission development in Oklahoma.

Oregon

In Oregon, a bulk transmission developer may need a State Highway Encroachment Permit for any project activity that encroaches on a state highway right-of-way. For more information, see:

State Highway Right-of-Way:
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Pennsylvania

In Pennsylvania, a bulk transmission 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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Rhode Island

In Rhode Island, a bulk transmission developer may need a Utility Permit and/or a Physical Alteration Permit from the Rhode Island Department of Transportation prior to constructing transmission lines near a state highway right-of-way. For more information, see: State Highway Right-of-Way Overview:
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South Carolina

In South Carolina, a bulk transmission developer may need an Encroachment Permit and/or a Utility Agreement from the South Carolina Department of Transportation to the build, modify, add to, operate, or relocate a new or existing utility on a state road right-of-way. For more information, see:

State Highway Right-of-Way:
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South Dakota

In South Dakota, a bulk transmission developer may need a Utility Permit from the South Dakota Department of Transportation to install, relocate, or expand utility facilities on or near an interstate or non-interstate highway right-of-way. 70:04 S.D. §§ 05-05.01. For more information, see:

State Highway Right-of-Way:
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South Carolina

Currently, the RAPID Toolkit does not have state specific content regarding state highway right-of-way’s for bulk transmission development in South Carolina.

Tennessee

In Tennessee, a bulk transmission 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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Texas

In Texas, a bulk transmission developer may need a number of state highway encroachment permits from the Texas Department of Transportation for any project that encroaches on a state highway right-of-way. For more information, see:

State Highway Right-of-Way Overview:
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Utah

In Utah, a bulk transmission developer may need a State Highway Encroachment Permit and/or a Grant of Access Permit from the Utah Department of Transportation for any projects that encroach upon a state highway. For more information, see:

State Highway Right-of-Way Overview:
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Vermont

In Vermont, a bulk transmission 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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Virginia

Currently, the RAPID Toolkit does not have state specific content regarding state highway right-of-way’s for bulk transmission development in Virginia.

Washington

In Washington, a bulk transmission 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 bulk transmission 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 bulk transmission 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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Wyoming

In Wyoming, a bulk transmission developer may need a Utility Construction Authorization and/or an Access Permit from the Wyoming Department of Transportation for projects that encroach upon a state highway right-of-way. For more information, see:

State Highway Right-of-Way Overview:
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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.

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.

33 C.F.R. § 328.3(c)(6).

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 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).

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. Currently, the RAPID Toolkit does not have state specific content regarding construction stormwater permitting for bulk transmission.

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

Currently, the RAPID Toolkit does not have state specific content regarding construction stormwater permits for bulk transmission development.

6.9 – Consider Construction Impacts on Floodplains

The developer should consider the potential impacts associated with the construction of the project on floodplains.

The Flood Insurance and Mitigation Administration, a component of the Federal Emergency Management Agency (FEMA), manages the National Flood Insurance Program (NFIP). Nearly 20,000 communities across the United States voluntarily participate in the NFIP by adopting and enforcing floodplain management ordinances to reduce future flood damage. Buildings constructed in compliance with NFIP building standards suffer approximately 80% less damage annually than those not built in compliance.

The NFIP also identifies and maps the nation's floodplains. Mapping flood hazards creates broad-based awareness of the flood hazards and provides the data needed for floodplain management programs and to actuarially rate new construction for flood insurance.

Some state agencies help to develop suggested minimum guidelines that can be adopted by local communities to manage their stormwater and floodplains and to meet the FEMA NFIP requirements (e.g. Colorado Water Conservation Board's Floodplain and Stormwater Criteria Manual). Review of local floodplain management ordinances is typically incorporated into the local building permit process, so no additional permits are required.

A developer should consider the following when constructing a project:

  • Is the site in the mapped floodplain?
  • Is the site in the mapped floodway?
  • Have other state and federal permits been obtained?
  • Is the site reasonably safe from flooding?
  • Does the site plan show the Base Flood Elevation?
  • Will new buildings and utilities be elevated properly?
  • Do the plans show an appropriate and safe foundation?
  • Has the owner submitted an Elevation Certificate? (the FEMA form can be found in the FEMA Library website by searching for "Elevation Certificate".)

Local ordinances are also developed to ensure that floodplains remain floodplains. Floodplain fill can alter valuable floodplain functions, including wildlife habitat and wetlands and increasing future flooding risk. Floodway fill is allowed only if an engineering evaluation demonstrates that "no-rise" in flood level will occur.

6.10 to 6.11 – 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.

Currently, the RAPID Toolkit does not have state specific content regarding construction or transportation approvals for bulk transmission development.

6.12 to 6.13 – Does the Project Require a Local Use Permit?

In addition, to state or local construction permits, a developer may also need to obtain a county or local use permit for the proposed project. The developer should contact the local government to determine if a use permit is required for the project.

6.14 to 6.17 – 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 bulk transmission facility will be located.

6.18 – No Permit Needed; Continue with Project

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






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