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

Chapter 94 of the Dearborn County Code applies to all land-disturbing activities on land within the boundaries and jurisdiction of the county, and to sites that also need other local, state and federal permits. Agricultural land-disturbing activity is exempt, but the definition in § 94.04 says that does not include the construction of farm facilities such as dwellings, barns, sheds or other structures. A land-disturbing activity is any man-made change of the land surface, including removing cover, excavating, filling, transporting and grading. The Board of Commissioners adopted the chapter as Ordinance 9-1998 on May 18, 1998 and amended it by Ordinance 6-2005 on June 1, 2005.

Section 94.06 sets the working requirements for every site. Erosion control measures go in before any land-disturbing activity and again whenever necessary. Sediment-laden water flowing from the site must be detained, and water cannot be discharged in a manner that causes erosion at or downstream of the discharge point. Any access to a disturbed site that crosses a natural watercourse, ditch, drainage easement or swale needs a culvert of appropriate size or a low water crossing that does not impede the flow of water. Garbage, debris, cleaning wastes, wastewater, toxic materials and hazardous substances cannot be carried off by runoff. Soil tracked onto public or private roadways is to be minimized, and the code names a temporary gravel construction entrance as one way to do it. The owner of the site carries the duty to maintain the controls during the entire period of land-disturbing activity until the entire site is stabilized.

Inspection is built into the building process. Under § 94.98(A), erosion control inspection is performed with each building inspection, and § 94.08 lets the Building Commissioner or a representative enter the site to verify compliance. Section 94.07 lists the Soil and Water Conservation District office, the Cooperative Extension Service and private consultants as sources of assistance.