Primary vs secondary operator in Texas (2026)

Primary runs the site or controls the plans. Secondary, often the owner, only hires and approves changes.

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Key takeaways

The primary operator has control of the plans and specifications, or day-to-day control of the work.
The secondary operator is often the owner, whose control is limited to hiring operators or approving or disapproving plan changes.
A firm that only drafts plans is not an operator, says TCEQ's guide RG-468.
If a site has no primary operator, the secondary operator is treated as the primary.

The permit calls each person who controls the work an operator. Each operator decides its own role.

What does each operator file?

	Small site (1 to under 5 acres)	Large site (5+ acres)
Primary	SWP3 before work; Form 20963 notice; copy to the storm sewer operator 2 days before; no NOI, no fee	SWP3; NOI online with $225 fee; Form 20961; copy of the NOI to the storm sewer operator and any secondary 2 days before
Secondary	Writes its own SWP3 or joins a shared one for the areas it controls; posts its own signed Form 20963 and sends the copy at least 2 days before work; keeps the notice in the SWP3	No NOI if a primary has filed. If the primary has not filed, tell it in writing and keep the record. Posts a signed Form 20962 and sends a copy to the storm sewer operator at least 2 days before work

What about a builder on one lot in a subdivision?

A homebuilder who buys lots from a developer becomes a new operator for those lots.

A lot under 1 acre inside a larger plan that reaches 1 to under 5 acres is a small site. In a plan of 5 acres or more it is a large site.

Ask the developer for the plan's total acres. The developer's own SWP3 or NOI often shows it.

What happens when control changes hands?

Coverage is not transferable. On a large site the new operator files its NOI at least 10 days before the transfer. The old operator files its NOT within the 10 days before its responsibility ends.

FAQ

I own the lot and hired a builder. Which am I?

An owner whose control is limited to hiring the builder or approving plan changes is typically the secondary operator. The builder with day-to-day control is the primary.

Can the engineer who drew my plans be the operator?

TCEQ's RG-468 says an engineering firm that only drafts plans is not an operator.

Do I need to file if the developer already filed?

The developer's coverage covers the developer's areas. A new operator for lots it buys needs its own coverage. Check with the developer and read do I need a SWPPP.

Facts and sources

Last updated: 2026-11-13