Any construction site disturbing 1 or more acres or is part of a Larger Common Plan of Development.

A construction activity is part of a larger common plan of development if it is completed in one or more of the following ways:

• in separate stages
• in separate phases
• in combination with other construction activities

It is identified by the documentation that identifies the scope of the project including such things as the following:

• plats
• blueprints
• marketing plans
• contracts
• building permits
• public notice or hearing
• zoning requests

It can include one operator or many operators.

Example: A subdivision is being developed. You are building homes on 2 acres, another company is clearing 3 acres in the next phase, and a contractor is excavating another 0.5 acres for a pond. In this case, the total area that would be disturbed is 5.5 acres, so each operator would fall under the requirements associated with disturbing 5 or more acres.

“Construction” refers to actions that result in a disturbance of the land, including clearing, grading, excavating, and other similar activities.

It also includes “construction-related activities,” areas that support the construction project such as stockpiles, borrow areas, concrete truck washouts, fueling areas, material storage areas and equipment storage areas. Construction activities that do not disturb land, such as interior remodeling, generally do not require TPDES or NPDES permit coverage.

A State of Texas Environmental Electronic Reporting System (STEERS) account is required to access the ePermitting system that TCEQ uses to collect reports and permit applications. As of September 1st, 2018, all permit applications must be submitted through STEERS. If you need a STEERS account, please see our 10 steps to create a STEERS account page.

Edwards Aquifer

The Edwards Aquifer is essentially protected habitat for a number of federally protected species and the primary water source for over two million people in San Antonio and the surrounding Central Texas communities.

The Edwards Aquifer Protection Program

The Edwards Aquifer Protection Program rules were established to ensure that contaminated runoff does not harm the quality of water in the Edwards Aquifer.

Who is affected?

Recharge Zone or Transition Zone

(1) Construction-related or post-construction activity on the recharge or transition zones and (2) your activity has a potential for polluting the aquifer and surface streams that recharge it, then you are affected by the Edwards Aquifer rules. Some examples of activities covered by these rules are:

• Constructing buildings, utility stations, utility lines, roads, highways, or railroads.
• Filling, clearing, excavating, or carrying out any other activity that alters or disturbs topographic, geologic, or recharge characteristics of a site
• Conducting other activities that may pose a potential for contaminating the Edwards Aquifer or surface streams that recharge it.

Contributing Zone

(1) You disturb more than five acres or (2) you are conducting activities as part of a large plan of development that may disturb five or more acres. Unsure if your project is subject to regulation by the Edwards Aquifer Protection Program? Use the Edwards Aquifer Map Viewer to help determine..