St. Joseph County, IN Environmental Rules: Erosion Control (2026)
Key Facts
- State standard
- SWPPP must comply with Indiana Rule 5, 327 IAC 15-5
- Technical spec
- County Design Guide and Standards Manual governs practices
- First offense
- Written notice, minimum 10 working days to correct
- Second offense
- Civil penalty plus 5 more working days
- Third offense
- Civil penalty plus stop-work order
- Sediment liability
- Removal costs recoverable as a property lien
Summary
St. Joseph County's sediment and erosion control chapter ties every construction site's erosion plan to Indiana's Rule 5 storm water program and the county's own Design Guide and Standards Manual. A violation does not draw an instant fine: the county first issues a written notice and correction deadline, and only escalates to civil penalties and a stop-work order if the site stays out of compliance.
Rule 5 refers to 327 I.A.C. 15-5-1 through 15-5-12, "Rule 5. Storm Water Run-Off Associated with Construction Activity". The rule establishes specific minimum requirements for control of storm water runoff associated with construction activity...Storm water pollution prevention plan (SWPPP) means a sediment and erosion control plan in compliance with Rule 5 and this chapter...(2)First offense means the initial determination of a violation or group of violations at a project site. Upon determining and documenting the first violation, the county shall notify the permittee in writing and make a recommendation of the necessary correction...A minimum ten working days shall be granted to make necessary corrections, after the issuance of the notice to prevent the citation of a second violation regarding the same condition.(3)Second offense means the deadline established in the first violation is past and the condition constituting the first violation remains uncorrected...the county shall again notify the permittee in writing, shall enforce a civil penalty as set out in the appendix: schedule of fines and fees.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).
Full Breakdown
C. 15-5-1 through 15-5-12, sets the state's minimum erosion-control standards for construction activity, and a footnote to the whole chapter directs enforcement staff to the county's own Design Guide and Standards Manual for the technical specifications behind those standards. 02 requires anyone conducting land-disturbing activity of an acre or more, or part of a larger common development that reaches an acre, to comply with the chapter's erosion and sediment controls unless they already hold an individual NPDES permit. 03 must specify to meet Rule 5's project-site requirements.
99 requires the county to document a first violation in writing with a correction recommendation, and to give the responsible party a minimum of ten working days to fix the erosion or sediment problem before a second violation can be cited on the same condition.
Violations & Fines
A second offense under section 53.99 draws a written notice plus a civil penalty from the appendix fee schedule and five more working days to correct the condition. A third offense adds another civil penalty and an immediate stop-work order through the building commissioner, staying in effect until corrective measures are finished and the county is paid in full. A site that sheds sediment into a right-of-way, drain or storm sewer is separately liable for removal costs under section 53.05, collectible as a lien under IC 36-1-6-2.
Frequently Asked Questions
What erosion control standard does St. Joseph County actually require on a construction site?
Does St. Joseph County fine me the first time an erosion control measure fails?
Who enforces sediment and erosion control in unincorporated St. Joseph County?
Sources & Official References
Other rules in St. Joseph County
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