Post-Construction Storm Water Control Measure Permit

When is the Post-Construction Storm Water Control Measure Permit Required?

Disturbance

If disturbance on site is greater than 1 acre or is part of a common plan of development where more than 1 acre will be disturbed, a Post-Construction Storm Water Control Measure permit is required.

Grandfathering

All residential plats that have received a plat number prior to April 1, 2016, are grandfathered.

All commercial plats on the below-attached document are grandfathered as long as the additional requirements listed on the document are met. (Please be aware this list is subject to change)

Target Impervious Cover Triggering Mitigation
Land Use Type Target Impervious Cover Percentages
Single Family Residential 30%
Multi-Family Residential 50%
Commercial/Industrial 65%
Transportation 85%

Target Impervious Cover

Provided is a table showing the target impervious cover which would trigger additional mitigation. If the project is within the target impervious cover then a no cost permit is required. If the project is over the target impervious cover, a permit is required.

Edwards Aquifer

If a WPAP (Water Pollution Abatement Plan) or CZP (Contributing Zone Plan) is required for the site, a permit is required, but no additional mitigation is required. The storm water control measures to be implemented for the WPAP/ CZP will be the measures permitted. All permitting submittal requirements will stay the same. (See Below) Since the BMPs to be permitted have already been reviewed by TCEQ for the WPAP/CZP only the $50 application fee will be assessed. The $200 review fee will not be assessed.


Permit Requirements

The permit has a two (2) part approval:

  • Pre-Construction
  • Post-Construction

Each part has its own submittal requirements for the permit.

 Pre-Construction
The Pre-Construction section must be approved prior to construction; however, a Pre-Construction approval does not exclusively allow for construction to begin. Other Bexar County permits may be required from Developmental Services, Environmental Services, or Fire Marshal.

 Pre-Construction Submittals

Pre-Construction Review
The review process for the Pre-Construction section will be triggered when all of the above submittals are received by our office. The review time is 30 days.

Post-Construction
The Post-Construction section must be approved to complete the permit. This section cannot be approved until all BMPs have been constructed, stabilized and in working condition along with a record of maintenance affidavit recordation.

 Post-Construction Submittals

  • As Built Design
  • Engineer Certification of BMPs
  • Record of Maintenance Recordation
  • Certified Maintenance Provider

 Post-Construction Review
The review process for the Post-Construction section will be triggered when the above submittals are received by our office. Once received, an inspector will go out to the site to visually confirm the locations of the BMPs and collect photographs of the BMPs for our records.


Maintenance

After final approval of the permit, the owner is expected to begin routine maintenance and inspection of the BMPs permitted. Quarterly maintenance reports are to be sent to Bexar County. If maintenance lapses for over a year or if) quarterly reports are not received, a violation letter will be sent and a renewal permit with an engineer certification will be required to bring the site back into compliance.

 Maintenance Provider Certification
Those who will be providing maintenance for the permitted BMPs will be required to have a certification.  Maintenance providers will need to take an online or in person course on structural BMP maintenance that issues a certification. Maintenance providers can send copies of certificates to postconstruction@bexar.org


Renewal Permit

A renewal permit is required when:

  1. Annual Renewal of Current Permit
  2. Change in Ownership
  3. Violation of Maintenance

 Annual Renewal of Permit 
An annual renewal of the permit is required. There is a $50 permit fee to renew and the renewal permit application should be filled out and submitted to our office along with the final quarterly report and a certification from the maintenance provider that the permitted BMPs are still functioning as intended.

 Change in Ownership
A renewal permit is required when there is a change in ownership. There is a $50 permit fee and the renewal permit application should be filled out. Maintenance provider contract will be required. No additional submittals are required.

 Violation of Maintenance
A renewal permit is required when there is a lapse or continued violation in maintenance. There is a $250 permit fee and the renewal permit application should be filled out. Maintenance provider contract will be required along with an updated engineer certification of the BMPs on site.