Elkhart County, IN Environmental Rules: Erosion Control (2026)
Key Facts
- Clearance trigger
- 1 acre disturbed, or larger phased plan
- Plan review fee
- $100 per disturbed acre
- Clearance expires
- December 31 each year
- Appeal window
- 15 calendar days, $50 fee
- Civil fine
- Up to $2,500 per violation
- Technical standard
- Indiana Handbook for Erosion Control
Summary
Elkhart County requires a stormwater clearance from the Soil and Water Conservation District before any building, construction, driveway or right-of-way permit issues for work that disturbs an acre or more, or a smaller lot that is part of a larger common development plan reaching that acreage. Clearances track the state's Construction Stormwater General Permit, expire every December 31, and carry a $100-per-acre plan review fee plus civil fines up to $2,500 for violations.
(A) Stormwater clearances. (1) No person shall be granted a building permit, construction permit, driveway permit, right-of-way permit or other license or authorization issued by the county for construction activities that result in a land disturbing activity to take place in the incorporated and unincorporated areas within the county without first having obtained a stormwater clearance from the SWCD and/or the Department. (2) No person shall engage in construction activities with a land disturbance greater than or equal to one acre, or disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres of land, in the incorporated and unincorporated areas of the county without having and maintaining in effect a stormwater clearance from the SWCD.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-23: Supplement contains: Current through local legislation passed on or before July 31, 2025; and State Legislation current through 2025 Indiana Legislative Service, Pamphlet #3).
Full Breakdown
002(A)). A clearance is mandatory once disturbance reaches one acre, including phased projects that will ultimately disturb an acre as part of a larger common plan of development or sale. 002(B)-(C)). 002(D)). 004). 003). 006). 007).
Violations & Fines
The Department may phone or write a violator demanding compliance, enter an agreed order with a fine, issue a stop work order, file a notice of violation with the Board, or sue in county court (§ 154.008(B)). A stop work order can be appealed to the Board within ten days; a party found in violation may appeal the Board's ruling to court within 20 days under I.C. 4-21.5-5. Fines reach $2,500 per violation, each day of continued noncompliance is a separate violation, and the county can recover attorney fees and abatement costs, which become a lien on the property (§ 154.999(A)).
Frequently Asked Questions
Do I need a stormwater clearance for a small home project?
How long does an Elkhart County stormwater clearance last?
Can I appeal if the SWCD denies my clearance application?
What can Elkhart County do if I ignore a stop work order?
Sources & Official References
Other rules in Elkhart County
Compare Elkhart County to another location·View the Indiana environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.