Yes, if the clearing disturbs an acre or more. TCEQ’s Construction General Permit, TXR150000, covers soil disturbance from clearing, grubbing and grading. One to under 5 acres is a small site with a site notice and a stormwater plan; 5 acres or more is a large site that also files a Notice of Intent. Disturbance that is part of a larger common plan counts toward the total.
This guide from Homestead Land Clearing explains how those thresholds apply to clearing work, what the paperwork involves, and the city and county rules that sit on top of the state permit around Frisco. It is a plain-language overview, not legal advice; the permit text and TCEQ have the final word.
Why clearing counts as construction
The permit exists because bare soil moves in rain. Vegetation and its roots hold soil in place and slow runoff. Clearing removes the vegetation, grubbing loosens what is left, and the first heavy storm carries sediment into streets, storm drains and creeks. Erosion controls interrupt that chain: they slow water, hold it briefly and let sediment drop out before the water leaves the site. The stormwater permit is the state’s way of making sure those controls exist on any disturbance large enough to matter.
The Texas Commission on Environmental Quality applies the Construction General Permit to construction activities that disturb soil, and clearing, grubbing, grading and excavating all qualify. Whether light mowing or mulching that leaves the soil surface intact counts is a question for the project’s engineer or TCEQ, but once stumps come out or soil is exposed, assume the acreage counts.
The thresholds
| Area disturbed | Category | Main obligations |
|---|---|---|
| Under 1 acre, not part of a larger plan | Not covered | No state permit; city rules still apply |
| 1 to under 5 acres | Small construction site | Stormwater pollution prevention plan, signed site notice posted, copy to the local storm sewer operator |
| 5 acres or more | Large construction site | Stormwater pollution prevention plan, Notice of Intent, site notice posted, Notice of Termination at the end |
The common plan rule is where owners get caught. If a 2-acre clearing job is one phase of a 10-acre development, or one lot in a subdivision under construction, the disturbance is judged by the size of the whole plan. That makes it a large site even though the machine only touches 2 acres. Lots under an acre inside an active subdivision can fall under the permit for the same reason.
Large sites: the Notice of Intent
For 5 acres or more, operators file a Notice of Intent with TCEQ. Filing is electronic through TCEQ’s online permitting system unless an electronic reporting waiver is granted. The fee is $225 filed electronically or $325 on paper (Texas Commission on Environmental Quality). Large sites post a site notice, and TCEQ uses separate forms for primary and secondary operators. When the site is stabilized, a Notice of Termination ends coverage.
Small sites: the site notice
For 1 to under 5 acres, there is no NOI. The operator signs a small construction site notice, posts it at the site where the public can read it, and keeps it up until construction is finished. TCEQ’s guidance also calls for a copy of the signed notice to go to the operator of any municipal separate storm sewer system receiving the runoff at least two days before construction begins. In Frisco, that is the City.
TCEQ lists two waivers for small sites only: one for work during periods of low erosion potential and a low rainfall erosivity waiver based on the site’s calculated erosivity. Both have conditions, and neither removes the duty to keep sediment on the property under local rules.
What a stormwater pollution prevention plan covers
Both small and large sites need a stormwater pollution prevention plan, often called a SWPPP or SWP3, developed and put in place before construction begins. TCEQ offers templates through its small business assistance program. For a clearing job, the plan typically covers:
- A site map showing the disturbed area, drainage paths and where runoff leaves
- Which erosion and sediment controls go where: silt fence, stabilized entrance, inlet protection, seeded or mulched areas
- The order of work, so perimeter controls go in before clearing starts
- Inspection and maintenance of the controls, especially after storms
- How and when disturbed areas are stabilized
The sequence matters for a clearing contractor. Silt fence goes in first along the downhill edges, then clearing, then grubbing, then stabilization or handoff to the grading contractor. The erosion control after land clearing guide covers the controls themselves and what they cost.
Ending coverage: final stabilization
Coverage does not end when the last tree comes down. TCEQ describes final stabilization as all soil-disturbing activities being complete and a uniform perennial vegetative cover established with a density of 70 percent of the native background cover, or equivalent permanent measures. On a clearing job that hands off to a builder, the stormwater obligations usually carry on through grading and construction, so who holds the permit and who maintains the controls should be settled before work starts. Little Elm’s grading permit checklist, for example, makes the primary operator responsible for site maintenance until the Notice of Termination is filed.
City and county rules on top of the state permit
The state permit sets a floor. Local rules apply at any size.
- Frisco. The City’s erosion and siltation ordinance (Chapter 34) requires every property owner to control erosion and keep runoff from carrying silt onto other property, streets or drainage facilities. Contractors must take whatever measures are necessary. The City can refuse permits, plats, inspections or certificates of occupancy without adequate erosion control, and fines run up to $500 per day per offense. Frisco’s tree code also ties tree surveys to grading plans, so a grading permit and a tree removal permit often move together.
- Little Elm. Its grading permit covers clearing and grubbing on development sites, with engineer-sealed plans and a separate floodplain permit for floodplain work.
- Aubrey. A Site Development Permit is required before site work in the City or its extraterritorial jurisdiction that affects erosion control, drainage, vegetation, tree removal or floodplain, with erosion controls in place before construction.
- Unincorporated Denton County. County Development Services requires a development permit for improvements and a permit for any excavation in a flood zone.
- Unincorporated Collin County. Drainage plans and flood studies under the county’s floodplain regulations must be approved before construction.
Creek bottoms add another layer. In Frisco, removing vegetation in the floodplain needs a grading permit or City letter. See clearing near creeks and floodplain.
How this fits a clearing scope
Checking the rules for the address is step two of Homestead Land Clearing’s process, and stormwater is part of that check. The written scope then lists erosion control as its own line, in writing, before a price. Silt fence and seeding are offered as add-ons, and the work is done by licensed and insured contractors. On commercial work, the stormwater plan usually comes from the project’s engineer, and the clearing scope follows it. The commercial land clearing page covers site clearing tied to civil plans, and the lot clearing page covers residential lots.
Contact Homestead Land Clearing to start the conversation, or review the land clearing cost per acre guide for budgeting.