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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Trigger threshold
1 acre or more of land disturbance
SWPPP/log retention
3 years after permit termination
Stop-work cure period
72 hours for inadequate controls
Notice-of-violation appeal deadline
30 days, to Board of Commissioners
Administering agencies
Drainage Board, Surveyor, Clean Water Dept.
Adopting ordinance
Ord. 2023-45, passed 12-12-2023

Summary

Hendricks County requires a stormwater pollution prevention plan (SWPPP) with erosion and sediment control measures before any building permit issues for land-disturbing activity of one acre or more. The County Drainage Board, County Surveyor, and Clean Water Department jointly administer the program, and violations are enforced as civil infractions with daily fines and stop-work orders.

These county ordinances apply to unincorporated areas of Hendricks County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Effective stormwater pollution prevention on construction sites is dependent on a combination of preventing movement of soil from its original position (erosion control), intercepting displaced soil prior to entering a waterbody (sediment control), and proper on-site materials handling. The developer shall submit to the county, a SWPPP with detailed erosion and sediment control plans as well as a narrative describing materials handling and storage, and construction sequencing. This SWPPP shall be site and project specific. The SWPPP and the project management log shall be retained for at least three years from the date the project permit is terminated.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-3: Supplement contains: Local legislation current through Ord. 2024-50, passed 12-10-2024; and State law current through Indiana Legislative Service, 2025 Acts, Pamphlet No. 3).

Full Breakdown

Chapter 152 of the Hendricks County Code of Ordinances, adopted as the Hendricks County Stormwater Management Ordinance (Ord. 2023-45, passed 12-12-2023), governs erosion and sediment control on construction sites. 060 requires a SWPPP for any project under the jurisdictional authority of the County Drainage Board and/or County Plan Commission that disturbs one acre or more of land, whether through new development or redevelopment, and also captures smaller disturbances that are part of a larger common plan of development ultimately reaching one acre. Agricultural land-disturbing activities tied to normal farming practices and forest harvesting are exempt, as are certain closed landfills and permitted coal mining and municipal solid waste operations that already carry equivalent state erosion controls.

061 sets the operative policy: the developer must submit a site-specific SWPPP addressing erosion control, sediment control, and materials handling and storage, plus a construction sequencing narrative, and the SWPPP and project management log must be retained for at least three years after the project permit is terminated. Detailed technical requirements consistent with IDEM minimums are spelled out in the Hendricks County Stormwater Technical Standards Manual, available from the County Surveyor's Office. 062 governs how land disturbance acreage is calculated for coverage purposes, including rules for strip developments and multi-lot residential projects.

063. 096, the applicant must pay Drainage Board review and pre-paid inspection fees before final plan acceptance, payable by certified check, cashier's check, money order, or electronic payment to the Hendricks County Drainage Board at 355 S. Washington Street, Suite 214, Danville.

Violations & Fines

Under §§ 152.110-152.111, violating the SWPPP requirements is a civil infraction subject to the minimum fines set in the County Drainage Board's penalty matrix, plus costs, damages, and expenses, with each day of continuing violation treated as a separate offense. The county may issue a warning notice, a formal notice of violation, a stop-work order, or withhold a certificate of occupancy, and may suspend or revoke a stormwater permit. Where a stop-work order targets inadequate erosion controls, the owner gets 72 hours after written notice to fix them before the order takes effect, unless the site poses a public health or safety hazard. Section 152.112 lets the county recover abatement costs, attorney fees, and any EPA/IDEM penalties from the responsible owner.

Frequently Asked Questions

When does Hendricks County require an erosion control plan?
A SWPPP is required under § 152.060 for any project under the Drainage Board's or Plan Commission's jurisdiction that disturbs one acre or more, including projects that are part of a larger common plan of development that will ultimately reach one acre, whether new construction or redevelopment.
Are farms exempt from the Hendricks County stormwater rules?
Yes. Section 152.060(B) exempts agricultural land-disturbing activities tied to normal farming practices and forest harvesting activities from the SWPPP requirements of Chapter 152.
What happens if erosion controls fail on a Hendricks County site?
Under § 152.111, the county can issue a notice of violation, a stop-work order, and civil infraction fines assessed daily, plus withhold a certificate of occupancy or suspend the stormwater permit until remedial measures set out in the notice are completed.
How long must a builder keep its stormwater pollution prevention records?
Section 152.061(A) requires the SWPPP and the project management log to be retained for at least three years from the date the project permit is terminated.

Sources & Official References

Other rules in Hendricks County

All Hendricks County rules

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