Construction Erosion Control


When do I submit a Notice of Intent (NOI) to the SD DANR?

  • An NOI application form is filled out and sent to the SD DANR to obtain coverage under the General Permit for Stormwater Discharges associated with Construction Activities.
  • A list of discharges covered by the permit can be found on the SD DANR website here

When do I submit a Notice of Termination (NOT) to the SD DANR?

  • An NOT form is filled out and submitted to the SD DANR when there is no longer a need for coverage under the storm water permit.
  • All permittees shall submit an NOT within thirty (30) days after final stabilization has been achieved.

When is a construction site stabilized?

  • A site is stabilized when all planned soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of 70 percent of the native cover or an equivalent permanent stabilization measure has been employed on any pervious areas of the site; or
  • A specific alternative to final stabilization is used/implemented as described in Chapter 12: Erosion & Sediment Control; or
  • A specific alternative approved by the SD DANR general permit for storm water discharges associated with construction activities is used/implemented.

What happens if the site is stabilized but a NOT is ever submitted?

  • If an NOT is not submitted to the SD DANR for your site, then the permit remains open. Coverage under the permit will continue until an NOT is submitted. That means the site is required to stay in compliance with the permit and the applicant/permittee remains responsible for the site.

How often does the street need to be cleaned if there is tracking from the site?

  • If there is tracking of sediment onto a public road, regardless of the size of the site, the road shall be cleaned at the end of each day. The road may need to be swept multiple times throughout the day if the road is heavily tracked to minimize impact to the traveling public.
  • If sediment is being tracked offsite, or any other erosion control problems are noticed call the Environmental Division at (605) 367-8276.

When does inlet protection need to be removed from the inlets in preparation for winter conditions?

  • Inlet protection shall be removed from storm sewer inlets within paved street sections or parking lots during the winter months between December 1st and February 15th.
  • The City may require removals earlier than December 1st or installations later than February 15th by publishing a notice on the City’s website,
  • During the period when inlet protection has been removed, alternate sediment control methods for inlet protection must be employed if the ground is not stabilized or frozen by winter conditions.

What is good housekeeping?

Good housekeeping practices are designed to maintain a clean and orderly work environment. Things like keeping your machinery in good operating condition, material storage practices and inventory controls, routine cleanup schedules, signage, and training for employees goes a long way to keeping your construction site well maintained, clean and in compliance with the permit.

What does it mean if I am non-compliance?

  • Non-compliance occurs when an erosion or sediment control device is not in place, not properly installed, not functioning properly and/or requires maintenance on your construction site. For instruction on how to properly install and maintain erosion control devices please follow the provided link to chapter 12 of the Sioux Falls Engineering Design Standards
  • If the non-compliance is not addressed, then you will be found in violation of the permit and enforcement action will be taken. 

Heavy rainfall - what do you do?

  • When there is a significant precipitation event, the site must be inspected within 24 hours of the end of the storm event.
  • Any sediment and erosion control devices that do not function properly, have failed, or that are in need of maintenance shall be fixed before the next anticipated storm event or within seven calendar days following the inspection, whichever comes first, or it will be found in non-compliance.

Why is maintenance of control devices so important?

  • Devices that are in proper shape and installed correctly have the chance to filter out most if not all of the sediment and debris coming from a particular site. If the devices are left for too long without maintenance extra sediment will be lost due to lack of function or carryover of sediment that was not cleaned up properly.
  • If devices such as silt fence and inlet protection are not continually maintained then it will cause the efficiency of pollutant removal to drop significantly, resulting in unnecessary pollutant loading into nearby drainage and waterways.

Who is responsible for the installation and maintenance of site-specific runoff controls?

  • Any site under construction has a designated primary responsible party, but the contractors working on the project are also expected to install and maintain proper erosion controls for the site.
  • The South Dakota General Permit for Stormwater Discharges dictates that contractors submit certification forms to identify themselves as responsible for the permitted site.

Do all of these questions have anything to do with my smaller (<1 acre) site?

  • Sites that are less than one acre do not need to be permitted for their discharges, but City of Sioux Falls Ordinance 157.176(b) states that, “a minor impact construction site owner and contractor shall implement and maintain the subdivision and individual lot BMP and conditions of the approved erosion and sediment control plan to control erosion and sediment problems on the individual lot that they own or upon which they build.”
  • Normally, these lots are small areas with homes being built on them. The subdivision has a stormwater discharge permit, and all individual home builders are responsible for implementing the proper controls on their lots to help the subdivision meet its permit requirements.