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

The subchapter's applicability clause is explicit about geography: 'Except for real estate located within the City of Elkhart, the City of Goshen or the City of Nappanee,' any real estate in the county subject to a post-construction stormwater pollution prevention plan under Section 2.0 of the CSGP is governed by these rules, along with all new retail gasoline outlets and MS4-owned fueling areas regardless of size (§ 154.026(A)). Seven categories are exempt, including agricultural land-disturbing activities such as tillage, planting and pasture renovation (but not new barns, roads or waste lagoons), silviculture, oil and gas exploration, regulated-drain ditch maintenance, disturbances under one acre outside a larger common plan, and closed landfills or permitted coal mining sites (§ 154.026(B)).

Regulated owners must implement the approved post-construction SWPPP and erosion/sediment control plan, operate and maintain stormwater quality measures, inspect all stormwater management facilities no less than annually to check for silt, litter and debris buildup and vegetation needs, and maintain a landscaping plan for post-construction vegetation (§ 154.027(A)). Documentation duties include giving the Department a narrative maintenance-guideline description, executing an enforceable maintenance agreement approved by the Department and recorded with the County Recorder, keeping installation and repair records for at least five years, and granting the county a recorded drainage easement for access and maintenance (§ 154.027(B)).