Howard County, IN Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger
- 1+ acre of land disturbance in MS4 Area
- Required plan
- Storm Water Pollution Prevention Plan (SWP3)
- Review period
- 28 days for MS4 Operator to act
- Notice cure period
- 15 days to correct after notice
- Max fine
- $2,500 per Drainage Board order
- Permit duration
- Up to 5 years
Summary
In unincorporated Howard County, land-disturbing construction that uncovers one or more acres in the county's MS4 Area needs a site development permit approved by the MS4 Operator, backed by a Storm Water Pollution Prevention Plan. Violations bring a 15-day correction notice, then Drainage Board fines up to $2,500 under Howard County Code Chapter 156.
(A) (1) For land-disturbing activity within the MS4 Area uncovering one or more acres of land, no developer shall be granted a site development permit without the approval by the MS4 Operator of a Storm Water Pollution Prevention Plan. ... State that such violation must be corrected within 15 days of the date of notice or further action may be taken, including possible fines. ... If the Drainage Board finds by a preponderance of the evidence that a violation of this Chapter has occurred, it may: 1. Impose fines upon the responsible person in an amount not to exceed $2,500, all in accordance with I.C. 36-1-6-9(d), and/or 2. Issue orders to correct violations.
Full Breakdown
C. 15-5. 10(B). 10(G). 11 gives the MS4 Operator 28 days to approve, conditionally approve, or disapprove the application, and the developer must forward the resulting Notice of Plan Approval with the Notice of Intent sent to IDEM at least 48 hours before land-disturbing work begins. 20, with the right to enter and inspect regulated sites as often as necessary.
Violations & Fines
The County Surveyor issues a certified-mail notice of violation describing the breach and requiring correction within 15 days of the notice date (§ 156.21); if uncorrected, the Drainage Board holds a hearing within 30 days and, on a preponderance of the evidence, may impose fines up to $2,500 and order corrective work (§ 156.22). The county can instead pursue a court action for an injunction or abatement under I.C. 34-28-5-1(b), where a court may also impose fines up to $2,500. Appeals of a fine or order must be filed with the court within 60 days of the Drainage Board's decision, per § 156.23.
Frequently Asked Questions
Do I need an erosion control permit to build a single-family home in unincorporated Howard County?
How long does Howard County take to review an erosion control permit application?
What is the fine for an uncorrected erosion violation in Howard County?
Sources & Official References
Other rules in Howard County
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