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NPDES Notice of Intent (NOI): What Construction Sites Need to File
Filing a Notice of Intent is the formal step that brings a construction site under NPDES Construction Generic Permit coverage — and it has to be backed by a real SWPPP, not just a form.
ISA Certified Arborist (FL-9716A) · Florida Stormwater, Erosion & Sedimentation Control Inspector — FSESCI Qualified Inspector · GI-BMP Certified
What an NOI Does
A Notice of Intent (NOI) is the application filed with FDEP to obtain coverage under the NPDES Construction Generic Permit (CGP) for a construction site disturbing one or more acres (or smaller sites that are part of a larger common plan of development). Filing the NOI is what formally puts the site under permit coverage.
The SWPPP Has to Exist Before You File
An NOI isn't a standalone form — it represents a certification that a Stormwater Pollution Prevention Plan (SWPPP) has already been developed for the site, identifying the BMPs that will control sediment and erosion throughout construction. Filing an NOI without a real SWPPP behind it leaves the project exposed if a regulatory review happens early in construction.
Timing
NOI coverage generally needs to be in place before land-disturbing activity begins — not filed retroactively after grading has already started. Projects that change ownership or scope mid-construction may also need to file an updated or transferred NOI.
What Comes After: NOT Filing at Closeout
Permit coverage closes out with a Notice of Termination (NOT), which generally requires the site to have reached final stabilization first — the NOI and NOT bookend the permit coverage period for the life of the project.
Frequently Asked Questions
Can I file an NOI without a completed SWPPP?
No — the NOI represents a certification that a SWPPP identifying the project's BMPs already exists. Filing without one leaves the project exposed if a regulatory review happens early in construction.
Does a small site under one acre ever need an NOI?
Yes, if it's part of a larger common plan of development that collectively disturbs one acre or more, even if the individual site itself is smaller.
Have a question about your project?
Tell us about your site and we'll follow up with scope and next steps.
Need erosion control, silt fence, BMP maintenance, or post-rain inspection support? Call 321-467-2188 or request a site assessment from Local Environmental Services.