The Construction Stormwater General Permit treats clearing, grading, and excavation as regulated land disturbance in St. Joseph County. Any site of one acre or more needs CSGP coverage, and the County Drainage Board oversees regulated drains under Indiana's drainage code.
Grading and earthwork in St. Joseph County answer to two systems. First, the CSGP: moving earth on one acre or more triggers the permit and its Stormwater Pollution Prevention Plan, controlling runoff and sediment. Second, drainage: the St. Joseph County Surveyor and County Drainage Board administer regulated drains under Indiana's county drainage law, IC 36-9-27, so a builder cannot fill, obstruct, or reroute a regulated drain without Drainage Board approval. Grading that concentrates runoff onto a neighbor also creates civil liability under Indiana drainage law. Within the county's MS4 area, local stormwater standards for detention and post-construction drainage apply on top of the state permit.
Grading one acre or more without CSGP coverage, or altering, filling, or obstructing a regulated drain without County Drainage Board approval, brings stop-work orders, IDEM and county enforcement, and civil liability for resulting drainage damage.
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