Kokomo, IN Environmental Rules: Erosion Control (2026)
Key Facts
- Permit required
- Site development permit before land disturbance
- Trigger
- 1+ acre disturbed, or part of larger project
- Plan required
- Pollution Prevention Plan approved by MS4 operator
- Permit fee example
- $325 single-family; $950 + $50/acre commercial
- Penalty
- Misdemeanor, up to $2,500 per offense, per day
Summary
Kokomo requires a city site development permit before any land-disturbing construction activity under Chapter 161, Stormwater Erosion and Sediment Control. Section 161.03(A) bars starting work without prior approval, and the MS4 operator reviews a Pollution Prevention Plan meeting state IDEM requirements before issuing the permit.
(B) As a result, the purpose of this chapter is to safeguard persons, protect property, and prevent damage to the environment in the city. ... (A) No responsible party may commence a land disturbing construction activity subject to this chapter without first receiving prior approval of a site development permit. ... Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $2,500 for each offense.
Full Breakdown
Section 161.01 states the chapter's purpose: eroded soil during construction endangers water resources, silts aquatic habitat, and necessitates repair of sewers and ditches, so the city regulates land-disturbing activity to safeguard persons, protect property and prevent environmental damage. Section 161.03(A) bars any responsible party from commencing land-disturbing construction activity subject to the chapter without first receiving approval of a site development permit, and Section 161.03(C) conditions that permit on the city MS4 operator approving a Pollution Prevention Plan for activity disturbing an acre or more, or an individual lot under an acre that is part of a larger permitted project.
The Pollution Prevention Plan must include the documentation required by 327 IAC 15-5 and 327 IAC 15-5-6.5. Section 161.06 lets the MS4 operator issue a written warning requiring correction within 48 hours, or a stop-work order revoking the permit, for violations materially affecting neighborhood health, welfare or safety, with a 30-day window to appeal penalties to the Board of Public Works and Safety. Section 161.08 sets permit fees, including $325 for a single-family dwelling and $950 plus $50 per acre for commercial or industrial sites, set by the Department of Engineering, Traffic and Inspection Services.
Violations & Fines
Constructing, enlarging, altering, repairing, or maintaining any grading, excavation or fill contrary to Chapter 161 is a misdemeanor under Section 161.99, punishable by a fine of up to $2,500 for each offense, with each day the violation continues, is committed, or is permitted counted as a separate offense. A convicted violator must also bear the expense of restoring the site, on top of any other penalty, and the MS4 operator can additionally issue a stop-work order or revoke the site development permit under Section 161.06 pending correction.
Frequently Asked Questions
Do builders need a permit before disturbing land in Kokomo?
What triggers Kokomo's erosion control permit requirement?
What is the penalty for violating Kokomo's erosion control chapter?
Sources & Official References
Other rules in Kokomo
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