Construction projects can create a lot of stormwater runoff, especially once the soil is disturbed.
Without the right safeguards, that runoff can carry sediment and pollutants into nearby waterways. That’s why stormwater compliance is such an important part of the construction process: it protects the environment, it keeps you in line with state and federal laws, and it helps projects move forward without enforcement delays.
One of the first steps in the stormwater compliance process is filing a Notice of Intent (NOI).
What Is an NOI?
An NOI (notice of intent) is a formal declaration that you will implement an SWPPP (Stormwater Pollution Prevention Plan) to control stormwater runoff from your construction site. Your NOI and SWPPP must be submitted together.
Why You Need an NOI
Most construction sites that disturb one acre or more need an NOI. Smaller projects might also need one if they’re part of a larger common plan (like a subdivision or multi-phase commercial project).
Filing an NOI tells your state that:
- You understand the stormwater rules
- You’ve prepared a SWPPP
- You plan to follow the Construction General Permit
Basically, the NOI opens the door to legal permit coverage so you can break ground with confidence.
Who Files the NOI?
The NOI is filed by the project’s “operator.” The operator could be:
- The developer or property owner
- The general contractor
- A builder or contractor with day-to-day site control
- Multiple operators (in which case, each may need to file)
If you have control over how the project is run or the ability to implement stormwater BMPs (Best Management Practices), you’re likely considered an operator.
When to File an NOI
Timing matters. You need to submit your NOI before any land disturbance. This means no grading, digging, or clearing until the NOI is filed and approved. Some states process NOIs instantly, while others need a few days or weeks, so it’s good to plan ahead.
Your NOI stays in place until the project is finished and the site is stabilized.
NOI Requirements
Before filing an NOI, your project must meet certain requirements to ensure proper stormwater compliance:
- SWPPP Prepared: A site-specific Stormwater Pollution Prevention Plan must be completed.
- Site Information: Include project location, acreage, and details of the operator(s).
- BMPs Identified: Outline the Best Management Practices you’ll use to control runoff and sediment.
- Fee Payment: Pay any applicable state or EPA fees.
- Timing: Submit the NOI before any land-disturbing activity begins.
Meeting these requirements ensures your NOI is complete, accurate, and accepted without delays.
How to File an NOI
Each state handles things a little differently, but filing usually involves:
- Creating your SWPPP
A complete SWPPP must be in place first. - Submitting through your state’s online system
Some use the EPA’s NeT-CGP; others have their own portals. - Paying the fee
It varies by state, but nearly all require one. - Waiting for approval
Once you’re covered, you can officially start construction.
If something changes during the project (like operator info, site boundaries, or timelines), you might need to file a Notice of Change (NOC).
Small Site Notices vs. NOI
Not every project needs the full NOI process. In many states, smaller sites (usually between 1 and 5 acres) may be allowed to use a Small Site Notice instead.
Here’s the quick breakdown:
- Small Site Notice: Posted on-site; simpler, no formal application in many states
- NOI: Required for most projects one acre or larger
Since regulations vary, it’s always safest to double-check your state’s rules.
Notice of Change (NOC) and Notice of Termination (NOT)
Once your NOI is filed and your project is underway, you may need to update or eventually close out your stormwater permit. That’s where the NOC and NOT come in.
Notice of Change (NOC)
An NOC is filed when any information on your original NOI changes (for example, changes to your operator details, project boundaries, or project timeline). The NOC keeps your permit accurate while the project is active.
Notice of Termination (NOT)
A NOT is filed at the end of your project once construction is complete and the site is fully stabilized. After the NOT is approved, your permit coverage officially ends.
In simple terms:
- NOI starts your permit
- NOC updates your permit
- NOT ends your permit
Frequently Asked Questions
Do I always need an NOI for my project?
You don’t need an NOI (or SWPPP) if your project disturbs less than one acre, unless you’re part of a common plan of development that will disturb an acre or more overall.
You can find out if you need an SWPPP and NOI for your project by taking this SWPPP quiz.
What is a common plan of development?
A common plan of development is a bigger-picture plan for construction, like a subdivision or commercial build-out, where multiple smaller projects add up to more than one acre of disturbance.
Why Choose Pro SWPPP for NOI Services?
Filing an NOI sounds simple until you’re knee-deep in state portals, permit codes, and SWPPP requirements. Pro SWPPP makes it easy. We handle:
- Stormwater Pollution Prevention Plan (SWPPP) creation
- Stormwater NOI filing (state and EPA systems)
- NOC and NOT submissions
- Ongoing compliance guidance
When you order an SWPPP from us, you get fast, accurate filings without the stress or guesswork. This way, you can stay compliant and keep your project moving!