Indiana's 327 IAC 15-5 (Rule 5), authorized under IC 13-18-3, requires statewide erosion and sediment control plans for construction disturbing one or more acres. Local programs must enforce this minimum statewide standard.
Rule 5 applies to all construction activity in Indiana disturbing one or more acres of land, or smaller sites part of a larger common plan of development. Operators must submit a Notice of Intent at least 48 hours before earth-disturbing activity, prepare a Stormwater Pollution Prevention Plan (SWPPP) addressing erosion controls, sediment controls, stabilization timelines, and post-construction measures, and conduct weekly self-inspections plus inspections after qualifying rain events. Soil and Water Conservation Districts and delegated MS4s perform field reviews. Final stabilization with 70% vegetative cover is required before terminating coverage.
Failure to submit a Notice of Intent, missing SWPPP elements, or unstabilized sediment discharges can trigger IDEM enforcement, stop-work orders, and penalties up to $25,000 per day per violation.
See how Hamilton County's erosion control rules stack up against other locations.
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