ODOT holds several permits which regulate how it manages its drainage systems and runoff. These regulate runoff from both construction sites and constructed impervious surfaces within its jurisdiction. Some permits are programmatic, or general, permits that govern the system as a whole or classes of regulated activities, while others apply to specific construction projects. Compliance with these permits helps ensure consistency with law and ODOT’s environmental guiding principles.
Municipal Separate Storm Sewer System (MS4) Permit
ODOT holds a National Pollutant Discharge Elimination System (NPDES) MS4 permit issued by the Oregon
Department of Environmental Quality (DEQ). This permit authorizes the municipal separate storm sewer system
associated with ODOT owned and/or operated roads, water quality facilities, maintenance yards, rest areas, and
other facilities located in ODOT highway right-of-way to discharge stormwater to surface waters of the state.
Stormwater discharges from construction sites, newly developed and redeveloped sites, and maintenance activities
must comply with conditions of the MS4 permit. ODOT's plan for complying with the MS4 permit conditions can be
found in the required Stormwater Management Program Document.
Underground Injection Control (UIC) Permit
, issued by DEQ, covers the discharge of stormwater and incidental fluids through Class V
individual injection systems. The UIC permit is an area permit, meaning that it covers all permittee-owned or
permittee-operated injection systems for stormwater and incidental fluids at multiple locations within ODOT’s
jurisdiction. This permit authorizes ODOT to construct, install, modify, operate, or close (decommission) injection
requirements for new UICs.
1200-CA Permit (Construction Stormwater)
The NPDES 1200-CA permit is a general permit that covers multiple projects of similar types and regulates the
discharge of stormwater from construction sites. ODOT holds five 1200-CA permits - one for each ODOT Region.
The 1200-CA permit addresses multiple pollution types, but the main focus of the regulation is the prevention of
erosion and the control of sediment runoff so that sediment does not enter water bodies. Compliance with the 1200-
CA permit requires each project with more than one acre of ground disturbance, or in proximity to a water body or
wetland to submit an erosion and sediment control plan (ESCP), install, inspect and maintain erosion prevention
and sediment control best management practices throughout the life of the project to ensure permit compliance, and
permit compliance and erosion and sediment control plan preparation.
Federal Aid Highway Program (FAHP) Programmatic
The Federal Aid Highway Program (FAHP) Programmatic is a streamlined biological opinion for federally funded
projects that may impact federally listed species. It includes information on specific stormwater requirements that
apply to most ODOT projects that receive federal funding. Specifically, this document details the stormwater
management requirements for projects that have the potential to negatively impact water quality or increase flows in
Clean Water Act Section 401 Water Quality Certifications
Most ODOT construction that involves placing fill in streams or wetlands requires a Clean Water Act Section 404
permit from the U.S. Army Corps of Engineers. That permit in turn requires a Section 401 water quality certification,
usually issued by DEQ. For projects that require water quality certifications and involve the construction or
reconstruction of impervious surfaces, a stormwater management plan (SWMP) must be prepared to secure
regulatory approval of the project’s stormwater management strategy. For guidance regarding water quality
certifications and stormwater management plans, refer to the following resources:
DEQ has also published general (not ODOT or highway-specific) Post-Construction Stormwater Management Plan
Submission Guidelines, which can be found on their “Resources for 401 Projects” web page.