A pollution NOC in Uttar Pradesh is the Consent to Establish (CTE) and Consent to Operate (CTO) granted by the Uttar Pradesh Pollution Control Board (UPPCB) under the Water Act, 1974 and the Air Act, 1981. UP is a large state with a very varied industrial base, from Noida and Ghaziabad in the NCR to the Ganga-basin clusters of Kanpur and the sugar and distillery belt, so UPPCB's scrutiny depends heavily on category and location. This page explains the UP route in October 2026 for factory owners filing for new units, expansions and renewals.
| Governing law | Water (Prevention and Control of Pollution) Act, 1974, s.25 and Air (Prevention and Control of Pollution) Act, 1981, s.21, with CPCB's January 2025 categorisation |
|---|---|
| Authority | Uttar Pradesh Pollution Control Board (UPPCB), through its regional offices |
| Apply on | Nivesh Mitra single window for new units; UPPCB's OCMMS consent system (upocmms.nic.in) for consent applications and renewals, as described in compliance guides |
| Consent stages | CTE before construction, CTO before production; CTO cannot be filed until CTE is granted and acted on |
| Validity | CPCB ceiling is up to 5 years Red, 10 Orange, 15 Green; UPPCB's actual period per category not verified by us |
| Government fee | Slab-based on category and capital investment; calculated automatically on the portal |
| Listed timeline | Nivesh Mitra lists about 120 days for CTE under the Air and Water Acts (as reported) |
Who regulates pollution consent in UP and under which law
UPPCB is the statutory board for Uttar Pradesh. It grants and refuses consent under section 25 of the Water Act and section 21 of the Air Act, and works through regional offices that scrutinise files and inspect units. Because most of the state is notified as an air pollution control area, an industrial unit generally needs a combined consent under both laws.
Categories follow CPCB's revised classification of January 2025: Red (Pollution Index 80 or more), Orange (55 to below 80), Green (25 to below 55), White (below 25), and a Blue band for essential environmental services. Red units face the closest scrutiny. White units are exempt from CTE and CTO following the MoEFCC notifications of November 2024, though they must still not pollute and may need an intimation filing.
Two entry points: Nivesh Mitra and OCMMS
Nivesh Mitra is UP's investor single window. Its service list shows consent to establish under the Air and Water Acts from the Pollution Control Board, with a stated service time of about 120 days and a fee that comes from a calculator. Your Common Application Form there generates a Unit ID that is reused for labour, fire and consent applications.
Compliance guides describe UPPCB's own consent system, OCMMS at upocmms.nic.in, as the platform for direct consent filings and for existing units. The portal does not save incomplete applications, so assemble every upload before you start. We could not open either portal's live rules, so before filing check which screen currently accepts a new CTE, and whether UPPCB has moved to CPCB's UCAMS system, which has been onboarding other boards in 2026 and which Delhi's committee is reported to have adopted.
CTE, CTO and what each stage tests
CTE is obtained before construction or installation of machinery. UPPCB looks at siting, land use, the process, the pollution control plan and the water source. CTO follows once the unit is built and the controls are installed and commissioned, and the board verifies that what stands matches what was approved.
Guides report that a CTO application cannot be made until the CTE has been granted and acted on, and that a CTE extension must be asked for before expiry because a lapsed CTE needs a fresh application. If your project reaches the EIA thresholds, environmental clearance runs first; under the November 2024 notifications an industry holding EC does not need a separate CTE, although the CTE fee remains payable.
CPCB's directions let boards grant CTO for up to 5 years for Red, 10 for Orange and 15 for Green units, with extra years for Blue and star-rated units. We did not find UPPCB's own notified periods, so do not assume the maximum will be granted.
UP-specific location and basin issues
CPCB's categorisation report says siting must be in a conforming area under the guidelines of the board. In UP that usually means plots allotted by industrial development authorities such as NOIDA, GNIDA, YEIDA or UPSIDA, or land with the right land-use status. Agricultural land converted without the proper change of land use is a recurring cause of delay.
Two overlays shape UP scrutiny. First, districts around Noida, Ghaziabad, Hapur and Meerut are in the National Capital Region, so the air-quality directions of the Commission for Air Quality Management apply to industrial fuels and emissions there. Second, industrial units discharging into the Ganga, Yamuna and their tributaries face closer attention on effluent treatment; sectors such as tanneries, distilleries, sugar and paper units are typical examples. We state both generally because the detailed norms change, so check the current directions for your district.
Documents for a UPPCB consent file
Compliance guides describe the following upload set for CTE, with more for CTO. Your regional office may ask for extras.
- Application form as per the portal (new unit or expansion), with proof of business registration, PAN and GST
- Land and lease documents, land-use certificate and a site layout plan
- Raw material and product list, process flow chart and water source details
- Description of the pollution control system and an environmental management plan
- Capital investment details, which fix the fee slab
- For CTO: the original CTE, proof of installed controls, a water quality report from an accredited lab, stack emission report if applicable, hazardous waste records and a compliance statement against each CTE condition
Timelines, renewal and practical tips
Green CTE is largely document-based, while Orange and Red units are usually inspected before CTE and CTO. The 120-day figure on Nivesh Mitra is a published service time, not a promise, and each query effectively restarts scrutiny. For renewal, guides advise filing well before expiry with updated monitoring reports and waste records, and Red units are usually inspected at renewal.
Our practical rules for UP: fix the process flow chart first because it decides the category; keep the capital investment figure identical across Nivesh Mitra, Udyam and the consent file; check the groundwater position in parallel; and photograph the effluent plant, stack and waste area for the CTO upload. Our Noida Sector-3 office in Uttar Pradesh is open to clients who prefer to go through the file in person.
Step-by-step process
Fix category and location
Match your exact process to the CPCB 2025 list and confirm the plot's land use and conforming status.
Create the Nivesh Mitra unit and CAF
Register on Nivesh Mitra with the same unit and investment details you will use for consent and licences.
Register on the consent system
Log in to the UPPCB consent portal in the occupier's name and confirm whether OCMMS or UCAMS is the live system.
File the CTE application
Upload process, water, control and land documents and pay the auto-calculated fee.
Handle queries and inspection
Reply to regional office queries and facilitate inspections for Orange and Red units.
Build, install controls, apply for CTO
Apply for CTO only after the unit and controls are commissioned, with lab reports and a CTE compliance statement.
Renew on time
Diary the CTO expiry, file renewal early with monitoring and waste records, and amend before any capacity or process change.
Government fees
UPPCB computes the consent fee on the portal from category and capital investment. We could not verify its fee schedule from an official source, so we do not quote slab figures; one compliance guide reports a range from about ₹5,000 for small Green units to above ₹2 lakh for large Red units, which we treat as indicative only.
| Item | Amount | Note |
|---|---|---|
| CTE fee | As per UPPCB schedule | Slab on category and capital investment; paid online |
| CTO fee | As per UPPCB schedule | Usually charged for the validity period granted |
| White category | No consent fee | Exempt from CTE and CTO; intimation filing may be needed |
| Fee after EC | CTE fee still payable | Industries with EC need no separate CTE under the Nov 2024 notifications |
Frequently asked questions
Who issues pollution NOC in Uttar Pradesh?
The Uttar Pradesh Pollution Control Board, through its regional offices, under the Water Act, 1974 and the Air Act, 1981. It grants Consent to Establish before construction and Consent to Operate before production. Units that are genuinely White category are exempt from both consents under MoEFCC's November 2024 notifications.
Is pollution consent applied for on Nivesh Mitra or on UPPCB's site?
Both appear in practice. Nivesh Mitra lists consent to establish as a service and carries your Common Application Form, while UPPCB's OCMMS system is described as the consent platform for direct filings and existing units. Confirm on the day you file which screen accepts a new application, and whether UPPCB has moved to UCAMS.
How long does UPPCB consent take?
Nivesh Mitra lists about 120 days for CTE under the Air and Water Acts, but that is a published service time. Green files are mostly document-based, while Orange and Red units are inspected, and every query adds time. Complete documents, a clear flow chart and prompt query replies are the best protection.
Can I apply for CTO without CTE in UP?
Guides report that CTO cannot be filed until CTE is granted and acted upon, and that a CTE must be extended before it expires or a fresh application is needed. Existing units that never held a CTE are a special case, so ask your regional office how it will treat your file.
What documents does UPPCB ask for?
Business registration, PAN and GST, land and lease papers, land-use certificate, site layout, process flow, water source, pollution control details and an environmental management plan. For CTO you add the original CTE, proof of commissioned controls, a lab water report, stack emission report where applicable, hazardous waste records and a compliance statement.
Does my unit in Noida or Ghaziabad face extra rules?
Districts in the NCR fall within the Commission for Air Quality Management's area, so its directions on industrial fuels and emissions apply there in addition to UPPCB conditions. The detailed fuel and device norms change, so check the current CAQM and UPPCB directions before applying for CTO.
Do I need pollution consent before a UP factory licence?
Where your activity needs consent, the labour department's document list includes UPPCB consent or the white-category position, and inspectors ask for it. For new units, file the consent and licence applications together through Nivesh Mitra so that one query does not stall the other.
What if I operate in UP without consent?
Running without consent can lead to closure directions and stoppage of power and water, and the Water Act continues to treat it as a serious offence. Following the 2024 Water Act amendment and the Jan Vishwas Act changes to the Air Act, many other contraventions now carry monetary penalties decided by adjudicating officers.
Official sources
- CPCB – Revised classification of industrial sectors, Jan 2025 (hosted by MPCB)
- Nivesh Mitra – Uttar Pradesh single window
- UPPCB consent portal (OCMMS)
- Agile Regulatory – How to apply for UPPCB consent online
- Anantam IAS – Nivesh Mitra services and timelines
- PRS India – Water (Prevention and Control of Pollution) Amendment Bill, 2024
- Indian Chemical News – MoEFCC exempts industries from dual approvals (Nov 2024)
Reviewed by Satyam Gupta, Company Secretary (CS) & Advocate
8+ years of industry experience. Last reviewed 16 October 2026. Always confirm current rules and fees on the official portal before acting.