Pro SWPPP – America’s #1 SWPPP Service knows this: you’re about to dig dirt in North Dakota, and now someone’s talking about permits and paperwork. You just want to build. But here’s the truth – skip the right stormwater rules and you’ll pay way more in fines than the permit ever cost. Let’s fix that right now.
If you’re moving dirt in North Dakota, you need to know about SWPPP requirements fast. This guide breaks down exactly what you need, when you need it, and how to stay out of trouble.
What Is a SWPPP and Why Does North Dakota Care?
A Stormwater Pollution Prevention Plan (SWPPP) is your playbook for keeping dirt, mud, and pollutants out of rivers, lakes, and streams when you’re building. Think of it like this: when it rains on your construction site, that water picks up everything – oil, sediment, chemicals – and carries it straight into North Dakota’s waterways.
The Clean Water Act says that’s not okay. The EPA created the NPDES program (National Pollutant Discharge Elimination System) to stop polluted runoff. Every state runs its own version. In North Dakota, the Department of Environmental Quality handles it.
Here’s the simple rule: disturb one acre or more of dirt, and you need coverage under the Construction General Permit (CGP). That means you need a SWPPP.
But wait – there’s a catch. Even if your project is smaller than one acre, you still need a SWPPP if you’re part of a bigger plan that adds up to more than one acre total. So if you’re building one house in a 20-home subdivision, you’re in.
Who’s Responsible for the SWPPP in North Dakota?
This trips people up all the time. In North Dakota, both the landowner and the contractor share responsibility. The landowner (or whoever hired you) gets the permit coverage. But the contractor – that’s you if you’re doing the work – is the operator. You’re the one running the show day-to-day.
That means you’re both on the hook. The owner can’t just hand you a permit and walk away. And you can’t just say “the owner got the permit, not my problem.” You both need to make sure the SWPPP is current, inspections happen, and Best Management Practices (BMPs) are working.
BMPs are things like silt fences, sediment basins, and erosion control blankets. They stop dirt and pollutants from leaving your site. Your SWPPP lists exactly which BMPs you’ll use and where.
Do You Need to File a Notice of Intent (NOI)?
Yes. Before you start work, you file a Notice of Intent with the North Dakota Department of Environmental Quality. This tells them “Hey, I’m starting a project, and here’s how I’ll handle stormwater.”
You can submit your NOI on paper or by email. No fee required. But give them at least 7 days to review it before you break ground. Don’t cut this close – if they come back with questions, you’ll need time to answer.
Here’s the good news: you don’t have to submit your full SWPPP with the NOI. You just need to have it ready on-site. The state can ask to see it anytime, so keep it current and keep it handy.
Don’t want to mess with all the paperwork and requirements? Check out Order your SWPPP now with Pro SWPPP Professional CPESC Certified SWPPP Services.
What Goes in Your North Dakota SWPPP?
Your SWPPP needs to cover these basics:
- Site description and maps showing where water flows
- List of all BMPs you’ll use for Erosion Control and Sediment Control
- Names of who’s responsible for what (owner, contractor, inspectors)
- Inspection schedule and log sheets
- Plan for stabilizing disturbed areas
- Emergency contact info if something goes wrong
North Dakota provides a SWPPP template through the DEQ website. It’s a Word doc you can download and fill out. But here’s the thing – a template is just a starting point. Your SWPPP needs to match your actual site. Copy-paste won’t cut it.
Your SWPPP must be prepared by a Qualified Stormwater Professional. That’s someone who knows what they’re doing – not just someone who Googled “erosion control” last week. States like Texas and Georgia have similar rules, and they all want trained pros handling this work.
Inspections and Keeping Your SWPPP Current
Once you start work, you need regular inspections. That means checking your BMPs weekly and after every storm that drops more than half an inch of rain. Write down what you found and what you fixed.
Keep these records on-site:
- Your current SWPPP
- Copy of your NOI
- The coverage letter from ND DEQ
- All inspection logs
- Maintenance records for your BMPs
- Copy of the Construction General Permit
If your site changes – you add a new phase, switch BMPs, or change the drainage pattern – update your SWPPP. It needs to match what’s actually happening on the ground, not what you planned six months ago.
Pro SWPPP – America’s #1 SWPPP Service handles all of this for you. We keep your plan current, track your inspections, and make sure you’re never scrambling when the inspector shows up.
Common Mistakes That Cost You Money
Here’s what gets people in trouble:
Thinking the contractor is solely responsible. Wrong. Owner and operator both share the burden. Make sure everyone knows their role from day one.
Using a bare-bones SWPPP. A two-page plan won’t cut it. Your SWPPP needs detail. If an inspector can’t figure out what you’re doing and why, you’ll hear about it.
Forgetting to update after changes. Your site evolves. Your SWPPP needs to keep up. Every time you change your BMPs or site layout, update the plan.
Skipping inspections. Once a week and after storms. No excuses. If you skip them and a problem happens, you’re liable.
Not sure what your project needs? Take our SWPPP Quiz or Schedule a Free SWPPP Consultation with CPESC Certified SWPPP Expert Derek E. Chinners.
Local Rules Can Add More Requirements
Don’t forget: North Dakota’s state rules are the baseline. Your city or county might add more. Some local governments require extra permits, different BMPs, or shorter timelines. Check with your local building department before you start.
This is where Pro SWPPP – America’s #1 SWPPP Service saves you headaches. We know the state rules and the local quirks. You don’t have to track down three different offices to figure out what applies to your job.
New Trends in Stormwater Management
North Dakota is starting to see more green stormwater infrastructure. Instead of just catching sediment, sites are using rain gardens, permeable pavement, and bioswales that clean water and look good too. Some of these BMPs double as parks or open space once construction wraps.
Experts are also pushing watershed-based planning. That means thinking about stormwater across an entire area, not just one site at a time. If your project affects a bigger plan, expect more coordination and maybe stricter rules.
For more information on stormwater compliance, check out the EPA’s construction stormwater guidance.
Why Work with Pro SWPPP?
Look, you could try to handle all this yourself. Download the template, read the regulations, file the NOI, train your crew, track inspections, update the plan every time something changes, and hope you don’t miss anything.
Or you could hand it to Pro SWPPP – America’s #1 SWPPP Service and get back to building. We’re CPESC-certified pros who do this every single day. We know North Dakota’s rules inside and out. We prepare your SWPPP, file your NOI, handle inspections, and keep everything current.
You get a plan that works and stays compliant. We handle the headaches. You build.
Want to know more about who we are and what we do? Visit our About page or give us a call: (833) GET-SWPP.
SWPPP Requirements FAQs
Do I need a SWPPP if my project is less than one acre?
It depends. If your project is part of a larger common plan of development that totals more than one acre, you need a SWPPP. For example, if you’re building one lot in a multi-lot subdivision, you’re covered under the rule.
How much does it cost to file a Notice of Intent in North Dakota?
There’s no fee to submit your NOI to the North Dakota Department of Environmental Quality. But you’ll need a SWPPP prepared by a qualified professional, and that will cost you.
Who can prepare a SWPPP in North Dakota?
Your SWPPP must be prepared by a Qualified Stormwater Professional. That’s someone with training and experience in stormwater management and erosion control. Don’t hand this to just anyone.
How often do I need to inspect my construction site?
You need to inspect at least once per week and within 24 hours after any storm that produces more than half an inch of rain. Document every inspection in your log.
What happens if I don’t have a SWPPP?
If you disturb an acre or more without proper permit coverage and a SWPPP, you’re violating the Clean Water Act. Fines can reach thousands of dollars per day. Plus, you might have to stop work until you get compliant.
Can I use the same SWPPP for multiple projects?
No. Each site is different. Your SWPPP needs to reflect the actual conditions, drainage patterns, soil types, and BMPs for that specific site. Templates help, but you can’t just copy-paste from one job to another.
Do I need to submit my SWPPP with my NOI?
No. North Dakota doesn’t require you to submit the full SWPPP with your NOI. But you must have it prepared and available on-site. The state can request to see it at any time.
What’s the difference between Erosion Control and Sediment Control?
Erosion Control stops soil from moving in the first place – things like mulch, mats, and vegetation. Sediment Control catches dirt that’s already moving – like silt fences and sediment basins. You need both.
Ready to get compliant without the stress? Let Pro SWPPP – America’s #1 SWPPP Service handle your North Dakota stormwater requirements so you can focus on the work that makes you money.