Updated OKR10 Stormwater Permit Reshapes Urban Development in OKC and Tulsa

Tyler Whitt
7 days ago
14 min read

Updated: 4 days ago

Overview of OKR10 and Recent Changes

In Oklahoma, stormwater management for construction sites is governed by the OKR10 Construction General Permit, issued by the Oklahoma Department of Environmental Quality (ODEQ) under the state’s EPA-delegated Clean Water Act authority (deq.ok.gov). Any construction activity disturbing one or more acres (or part of a common plan that does) must obtain coverage under OKR10 and implement a Stormwater Pollution Prevention Plan (SWP3). This permit is critical for urban development in major cities like Oklahoma City and Tulsa, as it sets the rules to prevent sediment, debris, and chemicals from polluting creeks and rivers during construction.

Oklahoma’s OKR10 permit operates on a five-year cycle. A new permit took effect on October 18, 2022 and will run until 2027 (deq.ok.gov). However, ODEQ has already modified this permit twice – in April 2023 and again in late 2023 – to refine requirements and address implementation issues (deq.ok.gov). The latest modifications, finalized in early 2024, introduced several important changes that developers now must heed:

No Routine SWP3 Submittals to DEQ: Under the prior permit, operators had to submit their Stormwater Pollution Prevention Plan to ODEQ for review in some cases. Now, Part 3.2.A was changed to “no longer require” sending SWP3s to DEQ except upon specific request (edmondok.gov). You must still develop a comprehensive SWP3, but you generally keep it on-site rather than filing it upfront.
“High Priority” Construction Sites Designation: The updated OKR10 identifies certain projects as High Priority if they disturb over 40 acres, or discharge within 1 mile of sensitive waters (impaired for sediment/turbidity, or Outstanding Resource Waters/TMDL waters) (edmondok.gov). These larger or more sensitive-location projects face stricter requirements – for example, more frequent inspections and faster stabilization deadlines. High Priority sites also trigger enhanced controls as detailed in the permit (e.g. a 100-foot vegetated buffer from streams, versus 50 feet for standard sites) (deq.ok.gov).
Tightened Controls for Large Sites: All projects disturbing ≥10 acres (or ≥5 acres if High Priority) must install a functional sediment basin where feasible (edmondok.gov). This lowers the acreage threshold (it was higher under the old permit) to ensure better sediment capture on medium-sized sites. Basin design criteria are spelled out in the permit and must be followed.
Pollution Prevention and Housekeeping: New provisions (Part 4.4) explicitly require measures for litter control, proper handling of construction materials, and chemical management. This aligns OKR10 with other ODEQ permits emphasizing spill prevention and good housekeeping.
Streamlined Permit Documents: Forms like the Notice of Intent (NOI), Notice of Termination (NOT), contractor certifications, and Annual Compliance reports (ACSCERs) have been moved out of the permit text into standalone documents on ODEQ’s website with an online portal application available. This doesn’t change compliance obligations, but it modernizes how information is provided. Notably, concrete and asphalt batch plants at construction sites are no longer required to submit annual compliance reports to DEQ – instead they keep them with the SWP3 and provide on request (deq.ok.gov). ODEQ found reviewing those reports wasn’t yielding added environmental benefit.

These updates took effect for the remaining term of the permit (through 2027), and existing permittees automatically fell under the modified requirements without needing to reappl y. For developers and contractors in Oklahoma City, Tulsa, and surrounding areas, the changes aim to balance efficiency (less paperwork to DEQ) with stronger environmental protection where it’s most needed (high priority sites and better on-site practices).

OKR10 Stormwater Permit influence on Residential, Commercial, and Industrial Development

Urban development across residential, commercial, and industrial sectors in Oklahoma’s big cities is directly affected by the OKR10 changes. Every subdivision, shopping center, apartment complex, or new industrial facility must adhere to OKR10 during construction. Let’s break down the influence:

Residential Subdivisions: In the Oklahoma City metro, large housing developments on former farmland are common. Many will now qualify as High Priority if they exceed 40 acres or lie near impaired streams. For example, a 100-acre subdivision in a suburb of OKC that drains to a creek listed for turbidity will require the developer to implement extra precautions. They must preserve a 100-foot buffer by any perennial stream on site (deq.ok.gov), install sediment basins for each drainage area, and possibly conduct weekly inspections (instead of bi-weekly) especially after rain events. These measures could modestly increase upfront costs and planning (e.g. allocating land for basins and buffers), but they significantly reduce runoff impacts on neighbors and waterways. Termination of permit coverage for subdivisions also got clarified – developers are not allowed to terminate until all lots are stabilized and new lot owners are notified of their own permitting duties (deq.ok.gov). This ensures that stormwater management isn’t abandoned mid-project as homebuilders take over individual lots.
Commercial Projects: In Tulsa, commercial developments like shopping centers or office parks typically disturb fewer acres but often occur on infill sites with drainage to the Arkansas River or tributaries. Under the new OKR10, even these moderate-size projects see some benefits: no need to send the SWP3 to DEQ for approval means faster ground-breaking. Previously, there was confusion about whether you had to wait for DEQ’s acknowledgment of a SWP3 – now, as long as you have prepared the plan and submitted your NOI, you’re generally good to go (coverage begins 7 days after NOI receipt unless told otherwise). However, commercial developers must still pay attention to local city requirements. For instance, the City of Tulsa explicitly mandates that any development disturbing over 1 acre submit an SWP3 report to the city, and comply with OKR10 standards (cityoftulsa.org). So while ODEQ may not review your SWP3 routinely, Tulsa’s permitting office will – a reminder that city and state oversight go hand-in-hand. Developers will see similar local engagement in Oklahoma City, which has a Storm Water Quality division that reviews construction plans for proper erosion controls and also requires a City's version of the Notice of Intent to be submitted.
Industrial Facilities: When constructing a new industrial site (e.g. a warehouse or a manufacturing plant on the outskirts of OKC or Tulsa), companies must follow OKR10 during construction and likely prepare for an industrial stormwater permit (OKR05) once operational. The updated OKR10 helps during construction by clarifying roles: for example, if a project has an on-site concrete batch plant to aid construction, the permit modification removed the burden of sending annual reports to DEQ, though you still must do the inspections and keep documentation (deq.ok.gov). This reduces administrative overhead for industrial project contractors. Additionally, industrial developments often have large disturbed areas – they will need to budget for sediment basins and possibly phased construction to meet the new requirements (since disturbing all 50 acres at once might overwhelm controls; many opt to clear in stages and stabilize as they go to meet the 14-day/7-day stabilization deadlines for inactive areas). The permit’s tighter language on pollution prevention (like containing construction chemicals, fueling areas, etc.) is particularly pertinent on industrial builds where concrete washouts, paints, or solvents might be present. Robust SWP3 practices can prevent costly clean-ups or regulatory actions.

Detailed SWP3 Guidance Under the New Permit

A Stormwater Pollution Prevention Plan is the cornerstone of OKR10 compliance. Given the changes, here is guidance on developing a robust SWP3 that meets new expectations:

Identify if Your Site is High Priority: Early in your SWP3, note whether the project triggers any High Priority criteria. Calculate total disturbed acreage and check proximity to impaired waters or protected waters (ODEQ’s GIS or EPA’s Waterbody reports can help identify these). If High Priority, your SWP3 must incorporate the enhanced measures from permit Part 4.6 – e.g. document how you will achieve the 100-foot stream buffer, specify sediment basin designs, and outline more frequent inspection schedules. Also include a section in the SWP3 explicitly titled “Measures to Protect High Priority Sites” to satisfy Part 5.3.I of the OKR10 permit.
Erosion and Sediment Control Plan: Continue to provide a detailed erosion control plan (silt fences, wattles, stabilized entrances, etc.), but ensure it aligns with new size thresholds. For example, if you disturb ≥10 acres (or ≥5 on High Priority), include plans signed and sealed by a licensed engineer for sediment basins or sediment trap s. Your SWP3 should include calculations or rationale for basin sizing (a common standard is storage for the 2-year, 24-hour storm runoff). Also incorporate the permit’s directive on immediate stabilization – for instance, note that temporary stabilization (mulch, temporary seed) will be applied to any area inactive for over 14 days (or 7 days if it’s a sensitive location). High Priority sites likely require stabilization initiated faster, so state your plan for that.
Good Housekeeping & Pollution Prevention: The updated permit explicitly requires managing litter, construction materials, and chemicals on-site. Dedicate a section of the SWP3 to “Pollution Prevention Practices.” Specify things like: trash dumpsters will have lids and be serviced regularly; construction material storage areas will be covered or contained; fuels and liquids will have secondary containment; and spill kits will be on-site. Describe concrete washout areas (provide location on the site map and detail how wash water will be fully contained and disposed properly). These details not only satisfy permit conditions but also are often checked by ODEQ or city inspectors.
Inspections and Monitoring: Outline your inspection schedule in the SWP3. Under OKR10, a qualified inspector must examine the site at least once every 14 days and after storm events ≥0.5 inches. If your project is High Priority, note that you will inspect weekly or more frequently as required (some high priority criteria may lead to weekly inspections by default). Document that inspection reports will be completed and kept with the SWP3. Oklahoma does not generally require water sampling for construction sites (unlike some states) – compliance is observation-based. So the thoroughness of your inspections and prompt correction of issues (e.g. repairing a silt fence) are key to avoiding off-site pollution and the eyes of regulators.
Recordkeeping and Availability: Even though you don’t submit the SWP3 to ODEQ initially, you must keep it on-site (or digitally accessible) and update it as conditions change. The permit requires that if ODEQ asks to see the SWP3, you must provide it within 14 days (deq.ok.gov). Also, local MS4 authorities like the City of Tulsa or OKC will likely want to review it during the building permit process. In fact, Tulsa requires developers to submit the SWP3 as part of the site plan package (cityoftulsa.org). Therefore, treat the SWP3 as a living document – if you modify design or controls, revise the SWP3 and date the revisions. This will keep you in compliance and ready for any surprise inspections.
Contractor Training and Certification: The permit still mandates that all operators (the owner, general contractor, and subcontractors with stormwater responsibilities) sign a certification of understanding the SWP3. Use ODEQ’s separate Contractor Certification form to have each relevant party sign. Keep these with the SWP3. Many developers now conduct a pre-construction meeting focused on the SWP3 to go over these rules with site supervisors – a best practice to ensure everyone from grading crews to landscapers knows their role in erosion control.

Navigating ODEQ and DEQ Interactions

Interactions with ODEQ around stormwater permitting have also evolved with the new OKR10:

Notice of Intent (NOI) Submission: You still must submit an NOI to ODEQ to get permit coverage before starting construction (deq.ok.gov). ODEQ is transitioning to an online eNOI system, but as of late 2024 an interim SharePoint portal was introduced for electronic submissions due to technical issues with the old system. It’s wise to check ODEQ’s Stormwater Permitting webpage for the latest submission instructions. Timeliness is crucial – the permit requires filing at least 14 days prior to construction start. If you’re on a tight project schedule in Oklahoma City or Tulsa, build that lead time in. Thankfully, you no longer need to attach the whole SWP3 with your NOI, which simplifies the submission packet.
Fees and Authorizations: Ensure you’ve paid the required permit fee with your NOI (Application fee of $100 plus, for new construction site/projects, annual fee of $347.70). ODEQ will send an authorization letter or email confirmation of coverage. Keep this on file, as city inspectors or lending partners may ask for proof that your project has the state permit coverage.
DEQ Inspections and Enforcement: ODEQ performs random inspections or may respond to complaints (often forwarded by city authorities or citizens). With the advent of High Priority sites, one can anticipate ODEQ focusing inspections on those larger or sensitive projects in places like the rapidly developing fringes of Tulsa’s metro or the watershed of Lake Thunderbird in the OKC area, for example. During an inspection, they will ask to see the SWP3 and inspection logs. Because SWP3s are no longer pre-reviewed, ODEQ’s first look might be in the field – so it needs to be complete and up to date. If they find issues, ODEQ can take enforcement action (notices of violation, fines, stop-work orders).

Building a good rapport with ODEQ’s Stormwater Unit can be helpful – don’t hesitate to call them with questions. They can clarify requirements (e.g. whether a particular site feature qualifies as final stabilization) and that proactive communication often goes a long way if any issues arise.
City and MS4 Coordination: Both Oklahoma City and Tulsa operate Municipal Separate Storm Sewer System (MS4) programs and have their own permits (OKC’s MS4 permit was just renewed in Jan 2024, and Tulsa’s in Dec 2023). These city programs mean that local authorities will also review erosion control plans and may have ordinances that go beyond state OKR10 requirements. For example, Oklahoma City’s municipal code requires construction site operators to submit a stormwater management plan to the City for approval in addition to the state NOI. Tulsa’s site plan guide (Jan 2025) explicitly references compliance with the OKR10 permit (cityoftulsa.org).

Developers should engage early with city stormwater staff – often at the building permit or platting stage – to ensure local requirements (like installing a specific inlet protection type or a construction entrance in a certain location) are integrated into the SWP3. The alignment between city rules and OKR10 is generally strong, but cities may have additional inspection schedules or fees (Tulsa, for instance, might inspect sites monthly).
Termination and Project Close-out: When construction is finished and the site is stabilized (or ownership transfers), file a Notice of Termination (NOT) with ODEQ within 30 days. The new permit clarifies that ODEQ may inspect within 30 days after receiving your NOT to verify stabilization. They will send a termination letter if all is in order. This is important for developers because stopping coverage too early (or failing to properly stabilize) can result in lingering liability or extra annual permit fees. Also, OKR10 now specifies only one NOT can be filed by the same operator in a 90-day period, likely to discourage premature termination and reapplication shuffling. So make sure the project is truly done (all construction activities ceased, permanent groundcover in place) before you file that NOT. Keep records (including photos) of final stabilization – it’s your evidence if any question arises.

City-Level Trends: Stormwater in Oklahoma City and Tulsa

While the state sets the baseline with OKR10, Oklahoma’s major cities are where the rubber meets the road. Oklahoma City and Tulsa have both recently updated their MS4 (Municipal Stormwater) permits with ODEQ (deq.ok.gov). These permits require the cities to enforce runoff controls on construction and address post-construction stormwater management. A few notable city-level trends and differences:

Oklahoma City (OKC): OKC has been ramping up stormwater quality efforts, evidenced by their regular Storm Water Quality Management webinars for developers (youtube.com). The city’s Plan Review process now closely checks that SWP3s meet OKR10 standards. OKC often requires a separate Erosion Control Permit before construction, ensuring a SWP3 is on file with the city. Given OKC’s rapid growth, especially in outlying areas with new residential communities, the city is focusing on preventing sediment from choking local creeks and the North Canadian River. Developers in OKC should be aware of specific local requirements, such as signage (OKC requires posting a notice with the permit number at the site) and maintaining a graded gravel construction entrance to prevent mud tracking onto streets – small details that can cause stop-work orders if overlooked.
Tulsa: Tulsa has a legacy of flood management and water quality initiatives. The city’s requirements for SWP3 submission (for any site >1 acre or less than 1 acre but part of a common plan of development) underscore that they actively engage in overseeing construction runoff. Tulsa’s metro is dissected by the Arkansas River and tributaries like Bird Creek; recent trends include the city encouraging green infrastructure even during construction (for instance, using filter socks with compost that can later be used in landscaping). Another city-level trend is technology adoption: Tulsa has been exploring software to track construction stormwater compliance, making it easier for inspectors to follow up on sites. The city has also been influenced by some high-profile enforcement in the region – e.g. a few years back, a Tulsa-area homebuilder faced fines for repeated sediment runoff violations, leading the city to tighten inspection routines. Tulsa developers should plan for more frequent local inspections, especially after large rain events; being responsive to city inspectors and addressing any noted deficiencies quickly will keep projects moving.
Differing Geography, Similar Challenges: OKC’s relatively flatter plains can lead to widespread sheet erosion if not controlled, whereas Tulsa’s rolling terrain means more defined drainage paths and potential for rill erosion. Both cities require sediment and erosion controls tailored to their geography. In practice, this means in Tulsa you might need extra check dams on slopes, while in OKC ensuring all flat exposed areas are promptly seeded to avoid wind erosion and dust (another aspect of stormwater control) might be emphasized.
Post-Construction Stormwater: While OKR10 governs construction-phase discharges, be mindful that both OKC and Tulsa now enforce post-construction stormwater requirements for new developments. Tulsa’s code, for example, requires detention ponds or water quality features in new subdivisions (which have to be shown in plans). These don’t directly affect the OKR10 permit during construction, but a savvy developer will design with the end in mind – stabilizing a detention pond with vegetation at the construction phase contributes to meeting final post-construction obligations and eases the termination process.

Actionable Guidance for Developers and Consultants

In summary, Oklahoma’s updated OKR10 permit and the city-level dynamics call for an informed approach to stormwater management on development projects:

Start SWP3 Planning Early: Don’t treat the SWP3 as a boilerplate document. Evaluate the site’s risk factors (size, slopes, nearby waters) during initial design. Incorporate sediment basin placement into your grading plans from the get-go if you’ll disturb a large area – it’s easier and cheaper to build it before clearing the whole site.
Engage Qualified Professionals: Consider hiring a certified Professional in Erosion and Sediment Control (CPESC) or similar consultant to prepare or review the SWP3. They will ensure your plan meets the new High Priority site criteria and includes the latest best management practices. They can also train your construction crew on implementation. This investment can prevent costly mistakes like failing an ODEQ inspection or having a mudslide off your site after a storm.
Communicate with Regulators: When in doubt, reach out to ODEQ’s Stormwater Unit or the city’s stormwater program. For instance, if you’re unsure whether your project’s receiving water is listed as impaired (thus making it High Priority), ODEQ can help clarify. They can also confirm if any waivers are possible (occasionally, if a sediment basin is not feasible due to site constraints, ODEQ might accept alternative measures if justified in the SWP3).
Implement and Inspect Rigorously: Even the best SWP3 is only paper if not put into practice. Make sure erosion controls are installed before major earthwork begins (the permit actually requires certain initial controls like perimeter silt fence or a stabilized entrance to be in place). Then, self-inspect frequently – don’t wait for the mandated 14-day interval if there was a big storm; check the site next day. Promptly fix issues (e.g. sediment breaching a fence) and log what you did in the inspection report. These records demonstrate your diligence and can be a lifesaver if any third-party complaints arise.
Stay Current on Permit Updates: Regulations can change. While OKR10 is now set until 2027, ODEQ could modify it again if new EPA rules or local issues demand. Keep an eye on ODEQ announcements or industry newsletters. For example, in late 2024 ODEQ changed the NOI submission portal; missing such news could delay your permit application if you send it to an outdated system.
Consider SWP3 as Part of Good Business: Rather than seeing stormwater compliance as a hurdle, frame it as protecting your investment. Sediment loss is essentially losing topsoil you paid to grade, and muddy sites can slow work or damage reputations. Many developers in Oklahoma now incorporate stormwater management into their overall project risk planning. Some even go beyond compliance, using advanced products (like hydro-mulch that stays put in high winds) or sequencing construction to minimize exposed soil. These proactive steps can differentiate your project as environmentally responsible – a factor that can matter when seeking community support or speedy approvals.

By embracing the spirit of the new OKR10 permit – targeted protection for sensitive areas and sensible streamlining elsewhere – developers in Oklahoma City, Tulsa, and across the state can keep building while safeguarding water quality. As urban growth continues, adhering to these stormwater practices is not just about avoiding fines; it’s about ensuring Oklahoma’s rivers and lakes remain assets for those new communities to enjoy long after construction is complete.

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