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What is a stormwater pollution prevention plan in Texas, and do you need one?
In Texas, a stormwater pollution prevention plan is called a SWP3. TCEQ's Construction General Permit (TXR150000) requires one for construction that disturbs one acre or more, or that is part of a larger common plan that will. The plan must be developed and put in place before construction begins. TCEQ
Last reviewed October 19, 2026. Prepared by our team led by Mohamed Elansary, PhD. We are not a licensed engineering firm and do not seal plans.
The rules in brief
| Permit | TPDES Construction General Permit TXR150000, effective March 5, 2023, expiring March 5, 2028. TCEQ held a renewal stakeholder meeting on June 9, 2026. TCEQ CGP page |
|---|---|
| Under 1 acre | Not regulated by the CGP unless part of a larger common plan of development or sale that will disturb 1 acre or more. TCEQ |
| Small site | Disturbs at least 1 but less than 5 acres (or part of a larger common plan in that range). TCEQ small sites |
| Large site | Disturbs 5 acres or more, or is part of a larger common plan that will disturb 5 acres or more. TCEQ |
| Site notices | Form 20961 (large, primary operator), 20962 (large, secondary operator), 20963 (small), 20964 (small, low potential for erosion). TCEQ forms list |
| Filings | NOI, Low Rainfall Erosivity Waiver, Notice of Termination and Notice of Change are filed online in STEERS unless you hold an electronic reporting waiver. TCEQ |
| NOI fee | $225 when filed online through STEERS ($325 on paper). TCEQ assistance page TCEQ guidance |
| Scale | TCEQ reported 14,572 active Notices of Intent under the CGP as of October 2023. TCEQ 2023 seminar slides |
Small sites (1 to under 5 acres)
Operators of small construction activities do not submit an NOI. To be covered they must develop a SWP3 and implement it before construction, post a signed Small Construction Site Notice (Form 20963) at least 2 days before work begins, keep it posted until final stabilization, and give a copy to the operator of any MS4 that receives the discharge at least 2 days before work. CGP Part II.E.2
Some small sites qualify for automatic authorization during periods of low potential for erosion (Form 20964) or for the Low Rainfall Erosivity Waiver; those paths have their own conditions. TCEQ small sites
Large sites (5 acres or more)
The SWP3 must be developed and implemented before obtaining coverage and before construction. Primary operators submit an NOI electronically through STEERS before construction starts, then post the large construction site notice and leave it up until final stabilization and the Notice of Termination. CGP Part II.E.3 TCEQ large-site steps
Data-center projects are on hold
TCEQ posted a notice that, at the Governor's direction, permit applications associated with data center projects, including construction projects seeking CGP coverage, are temporarily halted. We do not accept data-center projects while this is in place. TCEQ notice
Write it yourself or have it written
TCEQ publishes a free SWP3 template, RG-639. If you have the time, it is a solid place to start. If you would rather have a site-specific plan prepared from your drawings, SWPPP Desk writes it to the same section order for a fixed price.
Compare the two packages
| Small site | Large site | |
|---|---|---|
| Disturbed area | 1 to under 5 acres | 5 acres or more, or part of a 5+ acre plan |
| Site-specific SWP3 + logs | Yes | Yes |
| Site notice | Form 20963 filled in for you | Form 20961 or 20962 filled in for you |
| NOI help | Not needed | NOI worksheet + step-by-step STEERS walkthrough (you file and pay TCEQ) |
| Delivery | Next business day after complete inputs | Next business day after complete inputs |
| Price | $449 | $749 |
Texas guides
- What is a SWP3?
- SW3P, SWP3 and SWPPP: the same plan
- TCEQ SWPPP requirements
- TXR150000: the Texas construction general permit
- TCEQ stormwater permit for construction
- TCEQ NOI: filing in STEERS
General guides that apply in every state: all SWPPP guides.
City rules
TXR150000 at a glance
| Item | What the permit says |
|---|---|
| How coverage is obtained | Large sites (5+ ac): NOI in STEERS (Part II.E.3). Small sites (1-<5 ac): no NOI; sign and post TCEQ Form 20963 (Part II.E.2), or Form 20964 for low-erosion-potential periods (Part II.E.1) |
| Agency fee | NOI $225 electronic / $325 paper (Part IX) |
| Who may prepare the plan | No license, seal or certification required for the SWP3 (Part III); operator signs |
| Who inspects | Personnel provided by the permittee (Part III.F.8(a)); no state certification |
| Inspection frequency | Every 14 calendar days and within 24 h after 0.5 in rain, or every 7 days on an alternative schedule (Part III.F.8(c)) |
| State forms and templates | No mandatory state template; TCEQ site notice forms 20961/20962/20963/20964 |
Points that are easy to miss
- Small sites file no NOI but still need a written SWP3 and a posted, signed site notice before work.
- Large-site operators must file the NOI before construction and keep the SWP3 on site.
- Permit expires March 5, 2028; renewal stakeholder meeting held June 9, 2026, so every active NOI will need re-coverage.
- Edwards Aquifer recharge/contributing zones need separate TCEQ regional review.
Sources
- Permit text: www.tceq.texas.gov (Part II.E (authorization), Part III (SWP3), Part III.F.8 (inspections), Part IX (fees)). Checked 2026-10-20.
- Agency page: www.tceq.texas.gov. Checked 2026-10-20.
SWPPP Desk is not affiliated with Texas Commission on Environmental Quality. If a rule here has changed, write to [email protected] and we will correct this page.
What this page does not cover
This page covers the TCEQ Construction General Permit only. It does not cover city or county erosion control ordinances, MS4 local submittals beyond the site notice copy, industrial (MSGP) permits, oil and gas sites under Railroad Commission jurisdiction, or other states. It is general information, not legal advice; the permit text controls. Read TXR150000
Questions
Who signs the SWP3?
The operator signs. We prepare the plan and the signature pages; we do not sign for you and we do not stamp plans.
Do you file the NOI for me?
No. For large sites we give you a filled NOI worksheet and a STEERS walkthrough. You file it and pay the TCEQ fee.
Do you inspect my site?
No. We include the inspection logs and frequency options from the permit; your team or your inspector does the inspections.
What if my site turns out to be out of scope?
We screen every order before work. If your site has BMPs that need engineering design, a sediment basin, discharges to impaired waters, wetland or stream work, a locally required sealed plan, or is a data-center project, the checkout gate stops the order before payment. See the terms.
Get your SWP3 written
Fixed price. Delivered the next business day after your inputs are complete.