SOUTH DAKOTA Department of
Environment & Natural Resources

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523 E Capitol
Pierre, SD 57501
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Surface Water

Stormwater Permit for Construction Activities

Effective April 1, 2018, South Dakota's General Permit for Stormwater Discharges Associated with Construction Activities permit was reissued. Existing Stormwater Pollution Prevention Plans (SWPPPs) need to be updated by October 1, 2018, as required by Section 5.1.1 of the new permit.

New applications for permits must be submitted at least 15 days prior to the project start date on the new forms beginning May 1, 2018. If an old form is submitted, the form will be returned to the project owner or the project owner will be contacted by email.

The 2018 SD Legislature passed Senate Bill 25 which authorized new stormwater permit fees. Effective July 1, 2018, new construction Notice of Intents (NOIs) must include the first year's fee, billed to the owner of the project as follows:

  • <5 acres = $100
  • 5 to <40 acres = $250
  • 40 to <80 acres = $500
  • 80+ acres = $750

If you are planning a construction project, you may need a permit for stormwater discharges from your construction site. Construction activities include:

Any construction activity disturbing one or more acres must have coverage under a stormwater permit. Any sites that are part of a larger plan or sale may also need a permit, if the total plan meets the acreage requirement.

The permit has simple and uniform terms to prevent any stormwater from becoming polluted prior to leaving your construction site. You should make sure to read and understand the conditions of the permit. A copy of the Stormwater Construction Permit is available in adobe acrobat format. You may also obtain a hard copy by contacting DENR.

To obtain coverage under the general stormwater permit, fill out the Notice of Intent. You must submit the form to DENR at least 15 days prior to starting your project to the mailing address or email address:

Department of Environment and Natural Resources
Surface Water Quality Program
523 East Capitol
Pierre, SD 57501

If your project is already in progress, you should submit a Notice of Intent immediately. If the project is within city limits, DENR recommends you contact the city to determine if there are any additional requirements.

Pollution Prevention Plans. As part of the stormwater permit, you must develop a pollution prevention plan. You must have your plan in place before construction begins. The requirements of the pollution prevention plan can be found here.