Gary, IN Environmental Rules: Erosion Control (2026)

Gary Municipal Code § 113-2 states the purpose of Chapter 113 plainly: to preserve natural terrain and contours, regulate and control drainage and the blowing of sand, prevent erosion, and protect adjacent property from drainage caused by land disturbing activities. Section 113-1 defines land disturbing activity broadly to include clearing, grading, excavating, filling, and transporting earth materials that could cause soil erosion or move sediment into state waters. Under § 113-4(a), no one may begin a land disturbing activity until a plan has been submitted to the executive director and reviewed and approved; when a contractor is doing the work under a construction contract, § 113-4(b) puts the duty to prepare and submit that plan on the landowner, not the contractor.

Section 113-5 spells out what the plan application must include: a description of the surrounding streets and landmarks, a legal description of the site, a plot plan or survey, an estimate in cubic yards of material to be moved, and a statement of the precautions that will keep material from blowing or spilling onto neighboring property. The executive director can attach written conditions to any permit, and § 113-7 lets the director require a performance bond, cash escrow, or similar security before issuing one. A handful of activities are exempt from the permit and bond requirement under § 113-3, including utility and street work, home gardens and landscaping, septic lines not tied to a larger construction plan, single-family home sites built separately, and disturbed areas under 12,500 square feet of gross floor area, though that exemption does not apply within the area bounded by the Lake Michigan shoreline, County Line Road, Mississippi Street, and the Indiana Harbor Belt Railroad.