Boone County, IN Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger threshold
- 10,000 sq ft land disturbance
- Full SWPPP required
- 1 acre or more
- Record retention
- 3 years after permit ends
- Exempt activities
- Agriculture, forest harvesting
- First-offense fine
- Up to $5,000
- Enforced by
- Drainage Board and County Surveyor
Summary
Boone County requires a Stormwater Pollution Prevention Plan with erosion and sediment control measures for any project disturbing 10,000 square feet or more of land, under Code Section 53.050. Sites disturbing an acre or more need a full SWPPP submitted to the Drainage Board and County Surveyor, and chapter violations are civil infractions fined up to $5,000 for a first offense.
The Boone County Drainage Board and/or Boone County Surveyor will require a Stormwater Pollution Prevention Plan (SWPPP), which includes erosion and sediment control measures and materials handling procedures, to be submitted as part of the construction plans and specifications. Any project located within Boone County that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of 10,000 square feet or more of total land area, is subject to the requirements of this chapter. ... Effective stormwater pollution prevention on construction sites is dependent on a combination of preventing movement of soil from its original position (erosion control), intercepting displaced soil prior to entering a waterbody (sediment control), and proper on-site materials handling. For land disturbance of one acre or more, the developer must submit to the Boone County Drainage Board and/or Boone County Surveyor, a SWPPP with detailed erosion and sediment control plans as well as a narrative describing materials handling and storage, and construction sequencing.
Full Breakdown
Boone County Code Section 53.050, part of the Stormwater Management chapter adopted by Ord. 2023-02 in 2023, sets the trigger for erosion and sediment control on construction sites: any project causing 10,000 square feet or more of land disturbance through clearing, grading or excavation, whether new development or redevelopment, must submit a Stormwater Pollution Prevention Plan (SWPPP) to the Boone County Drainage Board and the County Surveyor. The threshold also reaches a larger common plan of development or sale that will ultimately disturb 10,000 square feet even if no single phase crosses that line alone.
Agricultural land-disturbing activities and forest harvesting are excluded, and landfills, coal mining operations and permitted municipal solid waste sites are excused where their own state permits already require immediate erosion control. Section 53.051 lays out the substantive policy: effective prevention combines erosion control, which keeps soil from moving off its original position, sediment control, which intercepts displaced soil before it reaches a waterbody, and proper on-site materials handling. Any site disturbing a full acre or more must submit a detailed SWPPP covering erosion and sediment control plans plus a narrative on materials handling, storage and construction sequencing, and must retain the SWPPP and project log for at least three years after the permit terminates.
Smaller sites between 10,000 square feet and one acre still need erosion and sediment control measures consistent with the Boone County Stormwater Technical Standards Manual, just without the full narrative. An individual lot expected to disturb an acre or more inside a larger permitted project must file its own notice of intent and permit application under Sections 53.080 through 53.089, even though the larger project already holds a permit. Violating any part of the chapter, including the SWPPP and erosion-control requirements, is a civil infraction under Section 53.999 carrying a fine up to $5,000 for a first offense and $10,000 for a subsequent offense.
Violations & Fines
Clearing, grading or excavating 10,000 square feet or more without an approved SWPPP, or building on an acre-plus lot inside a larger project without filing your own notice of intent, violates Boone County Code Sections 53.050 and 53.051. Under Section 53.999, that is a civil infraction with a fine up to $5,000 for a first offense and $10,000 for a subsequent offense, plus costs and damages, and each day of continued disturbance without compliance counts as a separate offense.
Frequently Asked Questions
At what point does my construction project need an erosion control plan?
Is farmland exempt from these erosion control rules?
What has to be in the SWPPP for a large site?
What is the penalty for skipping the erosion control permit?
Sources & Official References
Other rules in Boone County
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