Last Updated 07/16/2026
Alaska Stormwater Laws & Regulations
The State of Alaska operates under the Alaska Pollutant Discharge Elimination System (APDES) program under the authorization of the U.S. Environmental Protection Agency (EPA) through state regulation Alaska Administrative Code (AAC) 18 AAC 83.615. The Alaska Department of Environmental Conservation (ADEC) manages the permitting and compliance of wastewater discharge, including stormwater. The DEC offers a phase II MS4 general permit for stormwater discharges for large and small construction activities.
Excerpt-Alaska Administrative Code
Title 18 Environmental Conservation Chapter 83 Alaska Pollutant Discharge Elimination System Program
18 AAC 83.620. Requirements for concentrated aquatic animal production facilities
(a) A concentrated aquatic animal production facility is a point source subject to the APDES permit program.
(b) The department may designate any warm or cold water aquatic animal production facility as a concentrated aquatic animal production facility upon determining that it is a significant contributor of pollution to waters of the United States. In making this designation, the department shall consider the following factors:
- the location and quality of the receiving waters of the United States;
- the holding, feeding, and production capacities of the facility;
- the quantity and nature of the pollutants reaching waters of the United States;
- other relevant factors.
(c) A concentrated aquatic animal production facility designated under (b) of this section is not required to submit a permit application until the department has conducted an on-site inspection of the facility and has determined that the facility should and could be regulated under the permit program.
Excerpt- Alaska Storm Water Guide, December 2011
The NPDES storm water permit requirements are based largely on a pollution-prevention approach. The most effective storm water management techniques emphasize preventing rain and snowmelt from coming into contact with pollutants, and preventing discharges directly to nearby receiving waters. APDES storm water permits require operators of permitted activities or systems to use best management practices (BMPs) designed to effectively protect water quality for their particular site conditions and activity.
The NPDES storm water permit program specifically regulates three types of storm water discharges: storm water from certain municipal separate storm sewer systems (MS4s), discharges of storm water associated with industrial activity, and storm water from construction sites disturbing one or more acres.
Excerpt- Storm Water Treatment Plan Review Guidance Manual, September 2010
2.3 State Regulations 2.3.1 Alaska Pollutant Discharge Elimination System (APDES)
Within the APDES permit program, there are three permits that apply to the regulation of storm water discharges and associated pollutants. These three permits include the following: 1. Construction General Permit (CGP) – applies to the control of storm water discharges and associated pollutants on construction projects with one acre or more of land disturbance. The existing CGP was transferred from EPA to ADEC on October 31, 2009. ADEC reissued the permit on December 31, 2009, with changes in the NOI and NOT submittal processes and standard permit conditions. ADEC has developed an eNOI system to similar to EPA’s. Contractors will operate under this APDES CGP until ADEC reissues the permit in the Spring of 2011. 2. Municipal Separate Storm Sewer System (MS4) Permit – applies to municipal separate storm sewer systems. The existing MS4 permits were transferred from EPA to ADEC on October 31, 2009. 3. Multi-Sector General Permit (MSGP) – applies to post-construction storm water discharges and potential pollutants at industrial facilities. The existing MSGP was transferred from EPA to ADEC on October 31, 2009. Facilities will operate under the EPA-issued MSGP until ADEC reissues the permit, estimated to be the fall of 2013.
Fairbanks Urbanized Area
Within the Fairbanks Urbanized Area, The Alaska Department of Environmental Conservation (ADEC) operates under state regulation Alaska Administrative Code (AAC) 18 AAC 83.615 and APDES Permit no. AKS-053406. ADEC has jurisdiction over both private and public projects outside of the urbanized areas of the Fairbanks city limits, the North Pole city limits, and the Borough road service areas, as well as publicly funded projects within the urbanized area of the North Pole city limits. The MS4 permit requires ADEC to administer and enforce compliance with stormwater discharge permits in an effort to decrease stormwater pollutants and increase overall water quality.
ADEC submittal requirements for privately funded projects encompassing 1 or more acre of land includes the original Alaska Notice of Intent (NOI). ADEC submittal requirements for publicly funded projects encompassing 1 or more acre of land include the original NOI, a Storm Water Pollution Prevention Plan (SWPPP), and a Permanent Storm Water Control Plan (PSWCP). Note: All publicly funded land under ADEC jurisdiction, regardless of size, are required to submit a PSWCP.
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Frequently Asked Questions
What is APDES, and how is it different from NPDES?
APDES stands for the Alaska Pollutant Discharge Elimination System, the state’s version of the federal NPDES program. The EPA authorized Alaska to run its own permitting program, and the Alaska Department of Environmental Conservation now manages wastewater and stormwater discharge compliance across the state under Alaska Administrative Code Title 18, Chapter 83, rather than the EPA administering it directly.
What size construction project needs a stormwater permit in Alaska?
Any project disturbing one acre or more of land needs coverage under Alaska’s Construction General Permit. That permit controls stormwater discharges and associated pollutants during construction and applies statewide, regardless of which municipality the project sits in.
What are the three main stormwater permits under Alaska's APDES program?
The Construction General Permit covers projects disturbing one acre or more. The Municipal Separate Storm Sewer System, or MS4, permit applies to municipal storm sewer systems. The Multi-Sector General Permit covers post-construction stormwater discharges and pollutant risks at industrial facilities. Which one applies to your property depends on whether you’re mid-construction, operating a completed industrial site, or connected to a municipal system.
Does Alaska have a Phase II MS4 program like other states?
Yes. The Alaska Department of Environmental Conservation offers a Phase II MS4 general permit for stormwater discharges tied to construction activity, following the same federal framework that governs small municipal systems in the Lower 48.
How is stormwater regulated differently in the Fairbanks area?
The Fairbanks Urbanized Area operates under its own dedicated APDES permit, administered directly by the state rather than the city. ADEC’s jurisdiction there covers private and public projects outside Fairbanks and North Pole city limits, plus certain borough road service areas, and publicly funded projects even inside North Pole’s city limits.
What has to be submitted for a construction project in the Fairbanks Urbanized Area?
It depends on funding source. A privately funded project disturbing an acre or more needs an Alaska Notice of Intent. A publicly funded project of the same size needs that notice plus a stormwater pollution prevention plan and a permanent stormwater control plan. Any publicly funded land under ADEC’s jurisdiction needs a permanent stormwater control plan regardless of size.
How can AQUALIS help my property stay compliant with Alaska's stormwater program?
AQUALIS helps Alaska property owners determine which APDES permit applies to their site, whether that’s construction, industrial, or municipal, and prepare the notice of intent and stormwater pollution prevention plan documentation ADEC requires, including the added requirements specific to the Fairbanks Urbanized Area.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
