Do I need a SWPPP in Texas? (2026)
Yes, at 1 acre or more of disturbed ground, alone or in a bigger plan.
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Key takeaways
- 1 acre or more of disturbed ground triggers the permit. Lot size does not.
- From 1 to under 5 acres: a SWP3, a posted notice and a copy to the storm sewer operator (usually the city or county). No NOI and no fee.
- At 5 acres or more: add a Notice of Intent filed online with a $225 fee.
- Under 1 acre can still count when the lot is part of a larger plan.
The permit counts the ground you disturb, not the size of your lot. Disturbed ground includes the construction area and the support areas that go with it.
A SWPPP, called a SWP3 in the permit, is the written stormwater plan. You prepare it before you start and put it in place before any work that disturbs soil.
What size is my site?
| What you will disturb | What the permit asks | TCEQ filing |
|---|---|---|
| Under 1 acre, not part of a larger plan | No TCEQ construction stormwater permit. Check your city. | None |
| 1 to under 5 acres | A SWP3, a posted notice (Form 20963), a copy of the notice to the storm sewer operator at least 2 days before work | No NOI, no fee |
| 5 acres or more | A SWP3, a posted notice (Form 20961), a copy of the NOI to the storm sewer operator at least 2 days before work | NOI online, $225 |
What counts as disturbed ground?
Add up the ground you will clear, grade or dig. Common pieces are the house pad, the driveway, utility trenches, a septic field, staging and parking areas, and clearing.
Support areas such as staging, borrow and stockpile sites count toward your acres. This permit covers their runoff only when they are within 1 mile of the site, serve only this job and are in the SWP3. If not, they need their own permit.
What if my lot is in a subdivision?
A site under 1 acre that is part of a larger plan reaching 1 to under 5 acres is a small site. A site that is part of a plan reaching 5 acres or more is a large site.
A plan can be built in separate stages or phases. Plats, blueprints, marketing plans, contracts and building permits can show it is one plan.
Your role decides who files what. Read primary vs secondary operator.
Steps
- Add up the ground you will disturb, including support areas.
- Check whether your lot is part of a bigger plan, and how many acres that whole plan will disturb.
- Match the total to the table above.
- Under 5 acres: write the SWP3, post the notice and send the copy at least 2 days before you start.
- At 5 acres or more: write the SWP3, file the NOI online and send the copy at least 2 days before you start.
When the answer changes
Some sites follow different rules. A low-erosion window can replace the SWP3 for a short small-site job. The Edwards Aquifer, oil and gas work, impaired water and some city rules also change the answer.
See what ReadySWPPP does not cover and the low-erosion counties. For your city, read the city guides.
FAQ
Is a SWPPP required in Texas for a house?
Only when the work disturbs 1 acre or more, or the house is part of a larger plan that will. A house on a smaller disturbance, alone, is not under the TCEQ construction permit. Your city can still require erosion controls or a plan. See the city guides.
Do I send anything to TCEQ if I am under 5 acres?
No NOI and no fee. You do post the site notice and send a copy to the operator of the storm sewer system that receives your runoff, at least 2 days before work.
What is the 10 acre rule in Texas?
Where 10 or more acres drain to one place at one time, the permit calls for a sediment basin "where feasible". ReadySWPPP does not build plans for that case.
Can I write the SWPPP after I start?
No. The plan is prepared before authorization and put in place before work that disturbs soil.
Facts and sources
- TCEQ construction general permit TXR150000 (2023), Parts I.A, I.B, II.A, II.E, III.C
- TCEQ Form 20963, small construction site notice
- TCEQ guide RG-468, primary and secondary operators
- Permit text read Nov 13 2026. The permit is valid to Mar 5, 2028.
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