Notice
of Intent
NOI
The Notice of Intent is your formal application to FDEP for coverage under Florida's Construction Generic Permit. It must be submitted β with your SWPPP complete and your fee paid β before a single acre of land is disturbed. KCI ensures your NOI is filed correctly, on time, and with everything FDEP requires.
What Is the Notice of Intent β and Why Does It Matter?
The NOI is not just a form β it is the legal instrument that authorizes your project to discharge stormwater. Without it, every discharge from your site is a permit violation. Under Florida's NPDES CGP (Rule 62-621.300(4), F.A.C.), the Responsible Authority is ultimately responsible for obtaining and complying with this permit.
What the NOI does
The NOI formally notifies FDEP that your construction activity will discharge stormwater and requests coverage under the Construction Generic Permit. It sets forth the legal obligation of the Responsible Authority to comply with all permit conditions throughout the life of the project.
- Authorizes stormwater discharge from your construction site
- Establishes the Responsible Authority and their legal obligations
- Begins the 5-year permit coverage term
- Links your project to the SWPPP you must have ready before filing
- Triggers all CGP requirements β inspections, BMPs, documentation
What happens without it
Operating a construction site that discharges stormwater without CGP coverage is a direct violation of Section 403.161, F.S. β the same statute that governs all FDEP permit violations β and is subject to civil and criminal penalties.
- Every stormwater discharge is an unpermitted violation
- No legal authorization to disturb land and discharge runoff
- FDEP enforcement action, fines, and stop-work orders
- Personal liability for the Responsible Authority
- Cannot legally operate under the CGP without coverage on file
Who Is Required to Submit an NOI?
Coverage under the CGP is required for any construction operator whose activity meets the following criteria. The Responsible Authority β the person with authority to control compliance on site β must sign and submit the NOI.
One acre or more of disturbance
Any construction activity that disturbs one or more acres of land and has the potential to discharge stormwater to surface waters of the state or an MS4 must obtain CGP coverage.
Part of a larger common plan
A project that disturbs less than one acre is still required to obtain coverage if it is part of a larger common plan of development or sale that will ultimately disturb one or more acres in total.
Discharging to an MS4
If stormwater from the site discharges to a permitted Municipal Separate Storm Sewer System, coverage is required regardless of acreage. Some municipalities require coverage even below the one-acre threshold.
NOI Timing β Before, During & After Your Project
The NOI has strict timing requirements at every stage of a project β from initial submission through ownership transfer, renewal, and termination. Missing any deadline creates a compliance gap.
"You must develop your SWPPP before you submit your NOI. You must start following your SWPPP when you receive coverage under this permit." β Florida CGP, DEP Document 62-621.300(4)(a)
Before construction begins
The Notice of intent - NOI must be submitted, and filed at least 2 calendar days before commencement of any construction activities. Your SWPPP must be complete and ready to implement before you file.
MS4 notification β within 7 days
If your project discharges stormwater to a permitted MS4, you must send a copy of the NOI and the FDEP acknowledgment letter to the MS4 operator within 7 calendar days of receipt.
Ownership or operator change
CGP coverage is not transferable. When a new operator takes control, the previous operator must file a NOI within 14 days days. The new operator must file a new NOI before the NOT is submitted.
Renewal β before 5 years expire
If construction extends beyond 5 years, you must reapply for coverage before the permit term expires. Failure to renew results in a lapse in coverage β any discharge during that gap is unpermitted.
Notice of Termination β within 14 days
Once the site has achieved final stabilization, the Responsible Authority must file a Notice of Termination within 14 calendar days to formally end CGP coverage and the obligations that come with it.
NOT MS4 notification β within 7 days
If your project discharged to an MS4, you must send a copy of the Notice of Termination or the FDEP acknowledgment letter to the MS4 operator within 7 calendar days of receipt.
What the NOI Requires & How to Submit
The NOI is submitted on Form 62-621.300(4)(b), F.A.C. It must be complete, signed by the Responsible Authority, and accompanied by the required fee. Coverage is not granted until FDEP processes the submission and issues an acknowledgment.
Complete the NOI form
Form 62-621.300(4)(b) requires operator information, project details, site location, receiving water body or MS4 name, and responsible authority certifications. All fields must be complete and accurate β false information carries civil and criminal penalties.
Have the SWPPP ready
Your SWPPP must be developed and ready to implement before submitting the NOI. If your SWPPP requires perimeter controls, they must be installed before construction begins. A current copy must be kept on-site or at a location specified in the NOI.
Submit with fee payment
The NOI must be accompanied by the appropriate permit fee. Submit online via the DEP Business Portal with electronic check or credit card, or mail a signed NOI with a check to FDEP PO Box 3070, Tallahassee, FL 32315. Coverage is not granted without fee payment.
Receive FDEP acknowledgment
FDEP will send an acknowledgment of permit coverage by email once the NOI is processed. This acknowledgment β not the submission date β confirms that coverage is in effect. Keep a copy on-site and send to the MS4 operator within 7 days if applicable.
NOI Requirements at a Glance
The Responsible Authority is responsible for every action in this table. KCI assists in preparing your NOI, ensuring your SWPPP is complete, and keeping you on schedule at every stage.
| Requirement | Who | When |
|---|---|---|
| Develop and complete the SWPPP | Responsible Authority | Before submitting NOI |
| Submit NOI (Form 62-621.300(4)(b)) with fee | Responsible Authority | At least 2 days before construction |
| Install perimeter controls (if required by SWPPP) | Responsible Authority | Before construction commences |
| Receive FDEP acknowledgment of coverage | FDEP issues to Responsible Authority | After NOI is processed |
| Notify MS4 operator with NOI & acknowledgment copy | Responsible Authority | Within 7 calendar days of receipt |
| Keep SWPPP current throughout project | Responsible Authority | Ongoing β entire project lifecycle |
| Renew coverage if construction extends past 5 years | Responsible Authority | Before 5-year permit term expires |
| New operator submits new NOI before old NOT filed | Incoming Responsible Authority | Before NOT is submitted by prior operator |
| Prior operator submits Notice of Termination | Prior Responsible Authority | Within 14 days of relinquishing control |
| Submit NOT after final stabilization achieved | Responsible Authority | Within 14 calendar days of final stabilization |
| Notify MS4 operator of NOT or acknowledgment | Responsible Authority | Within 7 calendar days of receipt |
Your Obligation. Our Expertise.
The Responsible Authority is always the party legally obligated to obtain and comply with the CGP. KCI's role is to ensure you understand your obligations, your SWPPP is ready before filing, and nothing falls through the cracks from NOI submission through Notice of Termination.
SWPPP development & NOI preparation
KCI develops your SWPPP so it is complete and ready before your NOI is submitted. We ensure your project information, receiving waters, and responsible authority details are accurate β false information carries serious legal consequences.
Ongoing compliance & permit management
Once coverage is active, KCI manages your SWPPP, conducts required inspections, and tracks your permit term β flagging renewal obligations, operator changes, and any conditions that require FDEP notification well in advance.
Final stabilization & NOT coordination
KCI confirms when final stabilization has been achieved and coordinates the Notice of Termination filing β ensuring the 14-day deadline is met and the MS4 operator is notified within 7 days to formally close out your permit coverage.
File Right.
Start Right.
The NOI is the foundation of your entire stormwater compliance program. As the permit holder, the obligation to file correctly and on time is yours β KCI ensures you have the right SWPPP in place, the right information on your application, and the right support throughout your project's permit lifecycle.