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Dearborn County, IN Environmental Rules: Stormwater Management (2026)

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

Key Facts

First violation
Yellow Rejected tag with corrective time frame
Citation penalty
Stop work order plus $100 to $250 civil penalty
Penalty after 30 days
Permit revocation and $500 to $750 civil penalty
Inspector
Building Commissioner or representative
Technical help
Soil and Water Conservation District
Nuisance or obstruction petition fee
$50 each, Surveyor or Drainage Board
Exempt
Agricultural land-disturbing activities

Summary

Chapter 94 of the Dearborn County Code requires erosion and sediment controls on every land-disturbing site in unincorporated Dearborn County, Indiana, including protected storm drain inlets and no erosive discharge. A non-compliance citation carries a stop work order and a civil penalty of $100 to $250.

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

The following requirements shall be met on all sites: (A) Appropriate erosion control measures shall be installed prior to any land-disturbing activity, and thereafter whenever necessary. (B) Sediment-laden water flowing from the site shall be detained by erosion control measures appropriate to minimize sedimentation. (C) Water shall not be discharged from the site in a manner that causes erosion at or downstream of the point of discharge. (D) All access to disturbed sites that crosses natural watercourses, ditches, drainage easements, or swales/channels shall have a culvert of appropriate size or low water crossing that does not impede the flow of water. ... (G) All storm drain inlets shall be protected against sedimentation. ... (A) The non-compliance citation, referred to in § 94.98(E), will include a stop work order and a civil penalty of no less than $100 and no more than $250.

Full Breakdown

Chapter 94 applies to all land-disturbing activities on land within the boundaries and jurisdiction of the county, and to sites that need any other local, state or federal permit. Agricultural land-disturbing activities are exempt. The definition of land-disturbing activity is broad: any man-made change of the land surface, including removing cover, excavating, filling, transporting and grading. Construction of farm dwellings, barns, sheds and other structures is carved out of the agricultural exemption.

Section 94.06 sets the working rules for every site. Erosion control measures go in before any land-disturbing activity starts. Sediment-laden water leaving the site must be detained. Water may not be discharged in a way that causes erosion at or downstream of the point of discharge. Any access that crosses a natural watercourse, ditch, drainage easement or swale needs a culvert of appropriate size or a low water crossing that does not impede flow. All storm drain inlets must be protected against sedimentation. The owner must maintain the measures until the entire site is stabilized. Section 94.05(D) adds that provision should be made for the increased runoff from impervious areas during and after development.

Enforcement runs through the Building Commissioner. Under section 94.98, erosion control inspection is performed with each building inspection, and a first violation draws a yellow Rejected tag that sets a corrective time frame and lists the phone number of the county Soil and Water Conservation District. A District representative investigates, sends recommendations to the Building Commissioner and the owner, and a follow-up inspection decides compliance. Continued non-compliance after the second inspection brings a citation.

Two separate drainage procedures sit in Chapter 37. Section 37.17 lets a person file a request with the County Surveyor to investigate a storm water nuisance when the landowner will not remove it, with a $50 filing fee. Section 37.18 lets a person petition the Dearborn County Drainage Board to remove an obstruction from a drain or natural surface watercourse, also with a $50 filing fee. Forms are available at the Dearborn County Surveyor's Office.

Violations & Fines

The non-compliance citation under section 94.98(E) includes a stop work order and a civil penalty of no less than $100 and no more than $250. If the permit holder has not complied within 30 days after the stop work order, the Building Commissioner may revoke the building permit and issue a civil penalty of no less than $500 and no more than $750. The Building Department collects penalties and deposits them in the County General Fund. Appeals follow the county building ordinance.

Frequently Asked Questions

Who must follow the Dearborn County erosion control rules?
Section 94.03 applies Chapter 94 to all land-disturbing activities on land within the county's boundaries and jurisdiction. Agricultural land-disturbing activities are exempt, but building farm dwellings, barns, sheds or other structures is not treated as agricultural activity under the definition in section 94.04.
What happens on a first erosion violation?
Section 94.98(B) calls for a written warning in the form of a yellow Rejected tag identifying the corrective time frame. The tag carries the phone number of the county Soil and Water Conservation District, whose representative can investigate and send recommendations to the owner and the Building Commissioner.
How much is the civil penalty?
A non-compliance citation includes a stop work order and a civil penalty of no less than $100 and no more than $250. If a permit holder still has not complied within 30 days of the stop work order, revocation and a penalty of $500 to $750 can follow.
How do I complain about a neighbor's blocked drain or storm water nuisance?
For a storm water nuisance, file a Request for Investigation with the County Surveyor under section 37.17 and pay the $50 filing fee. For an obstruction in a drain or natural surface watercourse, petition the Dearborn County Drainage Board under section 37.18, also with a $50 filing fee.

Sources & Official References

Other rules in Dearborn County

All Dearborn County rules

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