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

The rule, codified at Hamilton County Code Chapter 3 of the Water Rights and Resources article, implements Indiana's Rule 5 (327 IAC 15-5) and applies to any land disturbance of one acre or more, or smaller sites that are part of a larger common plan of development disturbing an acre overall. Agricultural land-disturbing activity, forest harvesting, closed landfills, permitted coal mining, and road or regulated-drain maintenance are exempt. Before any land clearing begins, the developer must file a complete stormwater pollution prevention plan (SWPPP) and erosion and sediment control plan in triplicate with the county surveyor's office, along with a filing fee and, if required, a performance bond or letter of credit covering repair and inspection costs.

The surveyor's office has 28 days to approve, conditionally approve, or reject the plan; silence past 28 days lets the applicant proceed as filed. Once approved, the owner must also file a notice of intent with the Indiana Department of Environmental Management at least 48 hours before construction starts. During construction, a trained individual must inspect the site and file a written evaluation by the next business day after every measurable storm event (at least a half-inch of rain) and at least once a week, documenting problems and corrective action.

When work wraps up, the owner files a notice of termination with IDEM and the surveyor's office, which then makes a final inspection before releasing any bond.