Elkhart County, IN Environmental Rules: Stormwater Management (2026)
Key Facts
- Excluded cities
- Elkhart, Goshen, Nappanee city limits
- Inspection frequency
- At least annually
- Maintenance agreement
- Recorded with County Recorder
- Records retention
- At least five years
- Civil fine
- Up to $2,500 per day
- Appeal deadline
- 20 days, de novo court review
Summary
Elkhart County's Uniform Requirements for Post Construction Stormwater Management cover any unincorporated property subject to a post-construction stormwater pollution prevention plan under the state's Construction Stormwater General Permit, plus new gas stations and MS4 fueling sites, but exclude land inside the City of Elkhart, City of Goshen or City of Nappanee. Owners must record a maintenance agreement with the County Recorder, inspect facilities at least annually, and face civil fines up to $2,500 per day for violations.
(A) Applicability. Except for real estate located within the City of Elkhart, the City of Goshen or the City of Nappanee, any and all real estate located within the county subject to a post construction stormwater pollution prevention plan as required by Section 2.0 of the CSGP will be governed by the terms and provisions of this subchapter unless exempt under this subchapter. Additionally, all new retail gasoline outlets and new MS4-owned fueling areas or those that replace their existing tank systems, regardless of size, are governed by the terms and provisions of this subchapter.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-23: Supplement contains: Current through local legislation passed on or before July 31, 2025; and State Legislation current through 2025 Indiana Legislative Service, Pamphlet #3).
Full Breakdown
026(A)). 026(B)). 027(A)). 027(B)).
Violations & Fines
The Department can phone or write a violator, enter an agreed order with a fine, issue a notice of violation to the Board, or sue in county court; a party found in violation may appeal to court within 20 days for a de novo hearing (§ 154.028(A), (C)). The Department may enter private property to abate a violation with costs billed to the owner, seek a temporary restraining order or permanent injunction, and order restoration of disturbed land, with unpaid abatement costs becoming a lien on the property (§ 154.028(D)-(F)). Civil fines reach $2,500 per violation, with each day of continued noncompliance treated as a separate violation, and the county may also recover attorney fees, court costs and actual damages (§ 154.999(B)).
Frequently Asked Questions
Does Elkhart County's post-construction stormwater rule apply inside Goshen?
What ongoing maintenance does the county require after construction?
Is farmland exempt from the county's stormwater management rules?
What happens if I never record the required stormwater maintenance agreement?
Sources & Official References
Other rules in Elkhart County
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