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Clark County, IN Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Trigger thresholds
40,000 sq ft or 400 cubic yards disturbed
Enforcing body
Clark County Drainage Board
Permit prerequisite
Erosion/sediment control plan + grading permit
Notice before work
24 hours to Drainage Board and SWCD
Stabilization deadline
Vegetative practices within 7 days
Maximum fine
$2,500 per violation, per day

Summary

Clark County requires a grading permit and an approved erosion and sediment control plan before any land disturbing activity of 40,000 square feet or 400 cubic yards or more, or activity tied to a subdivision plat. The County Drainage Board administers and enforces the rule under Code § 150.10.

These county ordinances apply to unincorporated areas of Clark County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

No person shall begin a land disturbing activity subject to this chapter without receiving approval of an erosion and sediment control plan for the site and a grading permit from the office or the County Plan Commission. ... Any person violating any of the provisions of this chapter shall be subject to a forfeiture or fine of not more than $2,500 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2019 S-0: Code: Local legislation current through Ordinance 31-2014, passed 12-18-2014).

Full Breakdown

C. 15-5. 03, the chapter reaches any project requiring subdivision plat approval or a local improvement location permit, any grading, excavation or filling disturbing 40,000 square feet or more, and any excavation/filling combination moving 400 cubic yards or more of soil, sand, gravel or stone. Agricultural activity, non-expanding maintenance on existing structures, single-family lots under 40,000 square feet with 2% or less slope, and small livestock operations are exempt. 10 requires the developer or landowner to file a permit application, an erosion and sediment control plan, a memorandum of erosion control responsibility naming the party accountable for the measures, and pay an application fee; the Drainage Board may also demand a surety bond or irrevocable letter of credit to guarantee the work.

07 sets the operating rules once work starts: sediment-laden runoff must be detained on site, storm drain inlets need gravel bags or filter fabric protection, tracked sediment must be cleaned up without flushing it with water, and vegetative stabilization must begin within seven days of the last land-disturbing activity unless weather prevents it. Straw bales are barred as an erosion control device (mulch use only). 08 spells out what the plan itself must contain: a site map with floodplains, soil types, drainage patterns and topography, plus a construction schedule for installing and maintaining the control measures. 15 adds a catch-all: even tracts below the 40,000-square-foot/400-cubic-yard trigger must retain all sediment on site. 11 to check compliance.

Violations & Fines

Under § 150.12, the Drainage Board issues a stop-work order for work started without a permit, a plan not implemented in good faith, or unmet permit conditions. A permit holder who does not come into compliance within 30 days of a stop-work order can have the permit revoked; ten days after revocation the Board may give 14 days' notice before drawing on the surety bond to finish the required work itself, and the county can also seek an injunction. Section 150.99 sets the base penalty at a fine of not more than $2,500 per violation plus prosecution costs, with each day of violation a separate offense.

Frequently Asked Questions

When does Clark County require an erosion control permit?
A grading permit and approved erosion and sediment control plan are required for any land disturbance of 40,000 square feet or more, any excavation or filling of 400 cubic yards or more, or any project needing subdivision plat approval, per Code §§ 150.03 and 150.10. Smaller single-family lots under 40,000 square feet with 2% or less slope are exempt.
Who enforces erosion control rules in Clark County?
The County Drainage Board administers and enforces Chapter 150, with inspections carried out by the Board or the Soil and Water Conservation District under § 150.11. The Board can post a stop-work order, revoke a permit after 30 days of noncompliance, or draw on a permittee's surety bond under § 150.12.
What happens if a builder violates the erosion control chapter?
Section 150.99 makes each violation punishable by a forfeiture or fine of up to $2,500 plus costs of prosecution, and treats every day the violation continues as a separate offense. The Board can also seek an injunction to force compliance under § 150.12(E).
Are straw bales allowed for erosion control on Clark County job sites?
No. Section 150.07(F)(2)(b) specifically prohibits using straw bales as an erosion and sediment control measure, allowing them only as mulch for establishing permanent or temporary vegetative cover.

Sources & Official References

Other rules in Clark County

All Clark County rules

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