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

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

Key Facts

Threshold
10,000 sq ft triggers permit
Permit
Erosion Control Permit, §10.15
Agency
Plan Commission Office / Executive Director
Stabilization deadline
5 days after clearing
Court fine
$50 to $2,500 per day
Effective date
UDO effective June 15, 2007

Summary

Porter County requires an Erosion Control Permit under UDO Section 7.15 (EC-01) before any land-disturbing activity of 10,000 square feet or more begins, whether for a subdivision, commercial project, or a new single-family home. Sites next to a storm sewer inlet, watercourse, or wetland, or with a slope of 6 percent or greater, lose the small-project exemption regardless of size.

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

B. Applicability: 1. Land-disturbing Activity: Section EC: Erosion Control Standards shall apply to all land-disturbing activities within the unincorporated area of Porter County, Indiana. 2. Exceptions: a. Minor Projects: Section EC: Erosion Control Standards shall not apply to minor projects where land-disturbing activities involve less than 10,000 square feet, excepting the following: i. When such sites are immediately adjacent to: [a] A storm sewer inlet; or [b] A ditch or stream acting as a watercourse; or [c] Wetlands. ii Sites with a slope of six percent (6%) or greater. ... C. Erosion Control Permit Required: Before commencing any land-disturbing activity to which §EC: Erosion Control Standards applies, the developer of the site shall be required to file an application and obtain an Erosion Control Permit (see §10.15: Erosion Control Permit).

Full Breakdown

The Plan Commission Office administers the erosion control program set out in Chapter 07, Section 7.15 (EC-01) of the Unified Development Ordinance, effective June 15, 2007. The rule applies to all land-disturbing activities in unincorporated Porter County, including grading, clearing, and construction. Projects disturbing less than 10,000 square feet are exempt unless the site sits next to a storm sewer inlet, a ditch or stream acting as a watercourse, or wetlands, or the slope is 6 percent or greater, per Section 7.15(B)(2)(a). Existing agricultural, nursery, and mineral-extraction operations and true emergency work are also exempt.

Before any covered land-disturbing activity starts, the developer must file for an Erosion Control Permit under Section 10.15, submitted to the Plan Commission Office with no filing deadline. Subdivisions submit a full Erosion and Sediment Control Plan with the Primary Plat; commercial and industrial applicants file it with their Improvement Location Permit or Building Permit; single- and two-family home builders instead submit a simpler Erosion and Sediment Control Sketch Plan showing surface-slope arrows, watercourses, and silt-fence placement as part of their Building Permit application. At minimum, those house lots must run silt fencing along the road frontage and around the perimeter of disturbed ground, and use a stone construction entrance pad. The Executive Director calculates the permit fee once the application is complete, and it is due before the permit issues. Once work begins, soil must be stabilized against wind and water erosion within 5 days of clearing, and sites disturbing more than 30 acres may be required to proceed in phases approved by the Plan Commission.

Violations & Fines

Starting land-disturbing work without an Erosion Control Permit is listed as a civil zoning violation under UDO Section 11.10(A)(3), and the Executive Director may issue a Stop Work Order under Section 11.06. Beyond the civil citation, Section 11.09 sets a court-imposed fine between $50.00 and $2,500.00 for any UDO violation, with each day the violation continues counted as a separate offense.

Frequently Asked Questions

Does every construction project in Porter County need an erosion control permit?
Only if the work disturbs 10,000 square feet or more, per UDO Section 7.15(B). Smaller sites still need one if they sit next to a storm sewer inlet, watercourse, or wetland, or have a slope of 6 percent or more.
What do single-family homebuilders have to submit?
An Erosion and Sediment Control Sketch Plan filed with the Building Permit application, showing slope direction, watercourses, and silt-fence placement, plus at minimum silt fencing along the road frontage and site perimeter, per Section 7.15(D)(3).
What happens if I clear land without the permit?
The Executive Director can issue a Stop Work Order and cite the failure to obtain an Erosion Control Permit as a civil zoning violation under Section 11.10(A)(3); a court can also impose a fine of $50 to $2,500 per day under Section 11.09.

Sources & Official References

Other rules in Porter County

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