Colorado State Overview

In 1992 the state of Colorado's stormwater regulation was granted control and oversight of construction, industrial and municipal discharges based on Clean Water Act and EPA regulations with the intention to reduce the amount of pollutants entering streams, rivers, lakes and wetlands within the state stemming from residential, commercial and industrial point sources.

Colorado’s stormwater management program is regulated under the Colorado Department of Public Health and Environment’s Water Quality Control Division; this sector is often referred to as, “The Division.” The stormwater management program, which is better known as the Colorado Discharge Permitting System (CDPS) regulates stormwater discharges from construction activities, industrial facilities and Municipal Separate Storm Sewer Systems (MS4s) releasing into surface waters of the State. 

An owner of a construction site is required to apply for CDPS General Permit coverage if his/her project site will include: (1) land disturbing activities equal to, or greater than one (1) acre; and (2) construction activities involving less than one (1) acre and which is part of a common plan of development or sale equal to or greater than one (1) acre. However, additional options may exist if the owner or operator’s project or plan of development will disturb less than five (5) acres (Considered: a “Small Construction Site”). The owner or operator is also required to apply for CDPS General Permit coverage at least ten (10) days prior to the commencement of construction activities.

Qualifying Local Program:  The Colorado DPHE and the CDPS General Permit includes conditions that incorporate permitting options for qualifying local erosion and sediment control program (also known as: Qualifying Local Program). A Qualifying Local Program is a municipal stormwater program for stormwater discharges associated with small construction activity that has been formally approved by the Water Quality Control Division (WQCD).
If a small construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction activity is authorized to discharge stormwater associated with small construction activity under the CDPS General Permit without the submittal of an application to the Division.