Land Clearing Permit Requirements by State
Last updated: August 4, 2026. Every figure on this page is sourced from the issuing state agency's own website. Permit terms change — verify with the agency before filing.
Land clearing that disturbs one acre or more generally requires coverage under a state stormwater construction permit before work begins. Each state runs its own program under federal Clean Water Act delegation, so thresholds, fees, and filing lead times differ. This page covers the four states where we have verified requirements directly against the issuing agency. Local city and county requirements are separate and additional.
Summary: stormwater construction permits by state
| State | Permit | Acreage trigger | Fee | Filing |
|---|---|---|---|---|
| Texas | TPDES Construction General Permit TXR150000 (TCEQ) | 1 acre or more, or part of a larger common plan of development or sale disturbing 1 acre or more | $225 | Submit NOI via STEERS |
| Oklahoma | OPDES Construction General Permit OKR10 (DEQ) | 1 acre or more | $100 application fee plus $347.71 annual fee ($447.71 total) | NOI and fees must be paid before authorization is issued |
| Tennessee | NPDES Construction General Permit TNR100000 (TDEC) | 1 acre or more, or less than 1 acre if part of a larger common plan of development or sale | Based on total acreage disturbed; no fee for sites under 1 acre | NOI plus SWPPP submitted together via MyTDEC Forms or the local Environmental Field Office |
| Florida | NPDES Construction Generic Permit (FDEP) | 1 acre or more AND discharge to surface water or an MS4 | $250 for 1–4.99 acres; $400 for 5 acres or more | Submit NOI and fee at least 2 calendar days before construction begins |
Texas — TCEQ
- Permit
- TPDES Construction General Permit, TXR150000
- Issuing agency
- Texas Commission on Environmental Quality
- Current permit effective date
- March 5, 2023. Expires March 5, 2028.
- Under 1 acre, and not part of a larger common plan of development or sale disturbing 1 acre or more: not regulated under this general permit.
- Small construction activity: disturbs at least 1 but less than 5 acres.
- Large construction activity: disturbs 5 or more acres.
- Regulated only if stormwater discharges to surface water in the state.
- Fee: $225, payable online through STEERS by credit card or bank draft.
- NOI, Notice of Termination, and Notice of Change forms must be submitted online through STEERS unless an electronic reporting waiver is obtained.
- A Stormwater Pollution Prevention Plan (SWP3) is required.
Note: TCEQ began the renewal process for TXR150000 and held a stakeholder meeting on June 9, 2026. Terms may change before the March 2028 expiration.
Edwards Aquifer note: projects over the Edwards Aquifer recharge zone face additional TCEQ requirements. This affects parts of the Austin, San Antonio, Kerrville, and Fredericksburg areas.
Source: TCEQ — Stormwater General Permit for Construction Activities
Oklahoma — DEQ
- Permit
- OPDES Construction General Permit, OKR10
- Issuing agency
- Oklahoma Department of Environmental Quality
- Trigger
- Land disturbance of 1 acre or more.
- A permit is required before construction activity can start at a site.
- Fee: application fee of $100, plus an annual fee of $347.71 for new construction sites and projects. Total $447.71. Existing permittees are invoiced for the annual fee. Fees must be paid before authorization is issued.
- Discharging stormwater from a construction site without first obtaining a permit from DEQ violates Title 27A O.S. Section 2-6-205.
- A Stormwater Pollution Prevention Plan (SWP3) must be developed and implemented as part of the application.
- Before filing the NOI you must identify the latitude and longitude of the facility entrance gate, identify the receiving water body, and check whether the site is located along a Sensitive Water, in a Sensitive Watershed, or in a Scenic River Watershed.
- If the site is inside an MS4, a separate municipal stormwater permit is also required in addition to the DEQ authorization.
Tennessee — TDEC
- Permit
- General NPDES Permit TNR100000
- Issuing agency
- Tennessee Department of Environment and Conservation
- Trigger
- Clearing, grading, or excavation disturbing 1 or more acres, and activities disturbing less than 1 acre if part of a larger common plan of development or sale.
- There is no fee for sites less than 1 acre.
- The application fee is based on the total acreage planned to be disturbed by the entire project, including construction support activities such as equipment staging yards, material storage areas, excavated material disposal areas, and borrow or waste sites. Fees are set in Tennessee Rules, Chapter 0400-40-11. See the TDEC permit page for the current fee schedule.
- A separate annual maintenance fee applies to construction activities that exceed one year under general permit coverage.
- The SWPPP must be prepared and submitted together with the NOI.
- Submit the NOI to the Environmental Field Office for the county where the construction activity is located, or electronically through MyTDEC Forms.
- If a site straddles a county line into two different EFO service areas, send the NOI and fee to the EFO covering the majority of the construction activity.
- If an Aquatic Resource Alteration Permit (ARAP) is required, the complete ARAP application must precede NOI submittal. TDEC may delay or withhold CGP coverage until the ARAP is issued.
Florida — FDEP
- Permit
- NPDES Construction Generic Permit (CGP)
- Issuing agency
- Florida Department of Environmental Protection
- Trigger
- Two conditions must both be met: the project disturbs 1 acre or more (or is less than 1 acre but part of a common plan of development or sale), and stormwater discharges to surface water or to an MS4.
- Fee
- $250 for small construction disturbing 1 to 4.99 acres. $400 for large construction disturbing 5 or more acres.
- Submit a complete NOI and application fee at least 2 calendar days before construction activities commence.
- The SWPPP must be complete and ready to implement before the NOI is submitted.
- If the project discharges to an MS4, send a copy of the NOI and the acknowledgement to the MS4 within 7 calendar days.
- Submit a Notice of Termination within 14 calendar days after final stabilization is achieved.
- If construction extends beyond five years, coverage must be renewed.
- The Construction Generic Permit is separate from the Environmental Resource Permit (ERP) and from any local government stormwater discharge permit.
- Florida has five water management districts. Which one governs a project depends on location, and some counties straddle two districts.
Source: FDEP — Construction Activity
Methodology
Every figure on this page was taken from the issuing agency's own website, not from contractor blogs, engineering firms, or third-party permit services. We found conflicting figures in commercial sources during research and excluded all of them. If you find an error, email robert@landclearingdb.com and we will correct it and credit the correction.
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