The 1200-C Permit regulates stormwater runoff from construction projects that disturb one or more acres of land. When land is cleared or graded, rain can carry sediment and pollutants into nearby streams, rivers, and storm drain systems. This permit requires construction projects to use erosion controls and sediment controls to keep soil and pollutants on-site and protect water quality.
The permit is required under state and federal law (Clean Water Act) and applies to many types of development, including housing, subdivisions, infrastructure projects, and commercial development.
Your project requires 1200-C permit coverage if it meets either of the following conditions:
- Disturbs one acre or more of land
- Is part of a larger common plan of development that totals one acre or more (for example, a subdivision built in phases)
"Land disturbance" includes clearing, grading, excavation, and similar activities. Once a project meets the criteria above, other construction activities are also regulated by the permit. These include staging, stockpiling, demolition, and vertical construction.
Early coordination across programs can help avoid delays. Depending on your project, you may also need one or more of the following:
- A local grading, construction, or erosion control permit
- A Removal-Fill permit from Oregon Department of State Lands (for in-water or wetlands impacts)
- DEQ 401 Water Quality Certification (for in-water work or wetlands impacts)
- Army Corp of Engineers Removal-Fill permit (for in-water or wetlands impacts)
- DEQ Cleanup Program (for contaminated soil, sediment or groundwater)
Process overview
Construction activities may not begin until DEQ approves permit coverage.
Submit a complete application package through DEQ's online system at least 30 days before construction starts. The application must include:
- Basic project and contact information
- Payment of fees: $1,515 application fee and $1,558 annual fee for the first year of coverage, plus a 4% technology fee. Fees are subject to change. See OAR 340-045-0075, Table 70G.
- A Land Use Compatibility Statement from the local planning authority, confirming approval of the development project.
- An Erosion and Sediment Control Plan that describes how the site will be managed during construction. If applicable, an Environmental Management Plan for contaminated media must also be included.
- A current wetland or stream delineation for all waters of the state within the construction area or applicable buffer zone. Include any in-water work permits or authorizations from the relevant permitting agencies.
During construction, you must:
- Install and maintain stormwater best management practices (BMPs) as outlined in your project's erosion control plan. Common BMPs include sediment barriers, stabilized entrances, soil cover, concrete washout areas, and material storage and disposal areas.
- Inspect the site regularly
- Fix problems quickly if BMPs are damaged or not working
- Stabilize soil as work is completed
Permit coverage can be terminated by the permit holder once the site is fully stabilized.
Key takeaways
- Phased projects
If a large development is built in phases, all phases count together toward the one-acre threshold. - Include all stages of work
Vertical construction (such as homebuilding) must be included in the original permit plan. If it is not included, it may require separate permit coverage later.
- Plan for erosion control early
Including stormwater controls into site design improves efficiency and reduces costs. - Public notice requirement
Projects over five acres require a 14-day public notice period. Account for this time in your project schedule to avoid permit delays. - Coordinate with DEQ agents
Some cities and districts administer the 1200-C Permit on behalf of DEQ. Application requirements and on-site requirements remain the same, but the application process may differ. - Local permit programs (1200-CN)
Some cities and counties have an equivalent local construction oversight program under the 1200-CN General Permit. This applies to projects under 5 acres. If this program applies to your project, you obtain permit coverage entirely through the local process.
For more information
Visit DEQ's Construction Stormwater webpage:
https://www.oregon.gov/deq/wq/wqpermits/pages/stormwater-construction.aspx
Check with your local jurisdiction