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

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

Key Facts

Enforcing office
Wayne County Engineer
Fertilizer rate
1,000 lb of 12-12-12 per acre minimum
Mulch rate
1.5 tons of straw per acre
Max ditch slope
2:1 side slope
Riprap trigger
Ditch grade over 5%
Bond hold
3-year maintenance bond needs sod

Summary

In unincorporated Wayne County, Indiana, subdividers must protect every road shoulder, ditch and slope from erosion by seeding and mulching as soon as possible after construction, following fixed fertilizer and seed rates the County Engineer enforces before the maintenance bond is released.

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

This item consists of the final shaping, dressing and protection from erosion of shoulders, ditches and slopes in conformance with the cross-sections. (A) In general, all shoulders, side slopes and ditches shall be protected from erosion by seeding and mulching as soon as possible after construction: (1) Apply fertilizer as determined by soil tests or at the minimum rate of 1,000 pounds of 12-12-12 fertilizer (or its equivalent) per acre; (2) The amount of pure live seed per acre shall be: 35 pounds of tall fescue or 20 pounds of bluegrass with 20 pounds of creeping red fescue, and a nurse crop of one bushel of oats, rye or wheat. ... (B) Earthen ditch side slopes shall be no steeper than 2:1. (C) All ditch flow lines having grades in excess of 5% shall have a concrete paved side ditch or a hand laid stone riprap side ditch, as detailed in the proposal.

Full Breakdown

Wayne County Code § 155.186, under the subdivision street construction standards, spells out exact erosion-control specifications rather than a general duty to 'control erosion.' Contractors must apply fertilizer at a minimum rate of 1,000 pounds of 12-12-12 fertilizer per acre (or its equivalent, based on soil tests), and seed at 35 pounds of tall fescue per acre, or 20 pounds of bluegrass with 20 pounds of creeping red fescue, plus a nurse crop of one bushel of oats, rye or wheat. Mulch must be straw or a suitable substitute applied at one and one-half tons per acre, anchored where site conditions require it.

Earthen ditch side slopes cannot be built steeper than 2:1, and any ditch flow line exceeding a 5% grade must get a concrete-paved side ditch or hand-laid stone riprap rather than bare earth. The section closes the loop financially: under § 155.186(D), the county will not release the three-year maintenance bond on the improvements until all unpaved area between the pavement edge and the right-of-way line carries an adequate stand of sod. That ties erosion control directly to the developer's bond, giving the County Engineer, who inspects the work under §§ 155.175 through 155.178, real leverage to require reseeding or remulching before signing off. This provision governs subdivision construction specifically; it does not create a general-purpose erosion ordinance for other land-disturbing activity outside platting.

Violations & Fines

Section 155.186 is enforced through the County Engineer's inspection and bonding process rather than a separate fine schedule: work that does not meet the seeding, mulching, slope or riprap specifications is rejected at inspection under § 155.175, and the three-year maintenance bond under § 155.186(D) is withheld until an adequate sod stand is established on all unpaved right-of-way area.

Frequently Asked Questions

What erosion control rate does Wayne County require after subdivision street construction?
Section 155.186(A) sets minimum specs: fertilizer at 1,000 pounds of 12-12-12 per acre (or its equivalent per soil test), seed at 35 pounds of tall fescue or 20 pounds of bluegrass plus 20 pounds of creeping red fescue per acre, and mulch at one and one-half tons of straw per acre, applied as soon as possible after construction.
How steep can a roadside ditch be in an unincorporated Wayne County subdivision?
Earthen ditch side slopes cannot exceed 2:1 under § 155.186(B). Where the ditch flow line grade exceeds 5%, § 155.186(C) requires a concrete-paved side ditch or hand-laid stone riprap instead of an unprotected earthen ditch.
When does Wayne County release the maintenance bond on new subdivision streets?
Under § 155.186(D), the county will not release the three-year maintenance bond until all unpaved area between the edge of the road pavement and the right-of-way line has an adequate stand of sod, tying bond release directly to successful erosion control.

Sources & Official References

Other rules in Wayne County

All Wayne County rules

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