Morgan County, IN Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger
- Any earth change on a regulated site
- Permit threshold
- Half acre or more of disturbance
- Alternative path
- State SWPPP can satisfy the section
- Site posting
- NOI, NPDES number, SWPPP location
- Inspection
- County may inspect during construction
Summary
Construction that disturbs the ground in unincorporated Morgan County, Indiana must control soil erosion and sedimentation under § 52.09, and any earth change on a regulated site needs an erosion control permit or Stormwater Management Plan Approval before work starts, with the county inspecting active sites for compliance.
§ 52.09 SOIL EROSION AND SEDIMENTATION CONTROL. ... Construction activities required as part of land development necessitate the removal of natural ground cover, creating the potential for erosion to occur. ... (A) All persons who cause, in whole or in part, any earth change to occur shall provide soil erosion and sedimentation control so as to adequately reduce the potential for soil to be eroded and discharged or deposited onto adjacent properties or into a stormwater drainage system, a public street or right of way, wetland, creek, stream, waterbody, or floodplain. ... (C) Prior to making any earth change on a development site regulated by this subchapter, the developer shall first obtain an erosion control permit or SWMPA. ... (G) During all construction activities on the development site, the county or their designated representative may inspect the development site to ensure compliance with the approved construction site runoff controls. (H) Projects equal to or greater than half acres shall submit the following for erosion control permit approval.
Full Breakdown
Morgan County Code § 52.09 requires anyone whose construction causes an earth change in unincorporated Morgan County, Indiana to provide soil erosion and sedimentation control adequate to keep eroded soil from reaching adjacent properties, a stormwater drainage system, a public street or right of way, a wetland, creek, stream, waterbody, or floodplain. Before making the earth change on a site the subchapter regulates, the developer must first obtain an erosion control permit or a Stormwater Management Plan Approval (SWMPA); projects needing a SWMPA follow the County Stormwater Design Manual, while projects equal to or greater than a half acre submit for erosion control permit approval directly.
An erosion control permit application requires payment of the application fee and plan sheets showing existing and proposed site conditions with one-foot contours, stormwater conveyances, drainage flow arrows, utilities, building footprints, streets, drives and parking areas, easements and rights-of-way, perimeter control measures, a temporary construction entrance to limit sediment tracking, concrete washout areas, soil stabilization for bare and adjacent disturbed soils, inlet protection, and stabilization for steep slopes. A project that already has to prepare a stormwater pollution prevention plan (SWPPP) under the state's construction stormwater general permit can use that SWPPP to satisfy § 52.09 instead, but must still copy the county on its state and federal filings and post the Notice of Intent, NPDES permit number, and SWPPP location at the project site. During construction, the county or its designated representative may inspect the site to confirm the approved runoff controls are in place and working.
Violations & Fines
Section 52.10's enforcement powers cover erosion-control noncompliance the same way they cover the rest of Chapter 52: the county can issue a stop-work order to halt land alteration that isn't controlling erosion as required, revoke an erosion control permit or SWMPA for false statements or manual violations, and bill fees from the Drainage Board's uniform schedule in Ordinance 7-3-6.
Frequently Asked Questions
Do I need a separate erosion control permit if I already have a SWMPA?
What has to be on my erosion control plan sheets?
Can I use my state stormwater pollution prevention plan instead?
Sources & Official References
Other rules in Morgan County
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