Floyd County, IN Environmental Rules: Stormwater Management (2026)
Key Facts
- Permit required
- Before any land-disturbing activity
- Small-project exemption
- Disturbance under 5,000 sq ft
- Plan Commission decision window
- 10 days after the meeting
- Civil penalty
- Up to $2,500 per offense
- Repeat-offense increase
- +25% each subsequent offense
Summary
Chapter 152 of the Floyd County Code requires a stormwater quality management permit before land-disturbing construction across unincorporated Floyd County's MS4 area and the outlying two-mile fringe served by New Albany's Plan Commission, with plans reviewed by county departments before the permit is issued or modification is requested.
(A) Title. This chapter shall be known as the Stormwater Ordinance of the county and may be so cited. (B) Jurisdiction. This chapter shall govern all properties and controlled activities within the jurisdictional boundaries of the unincorporated county and all properties that are served by City of New Albany Plan Commission under its two-mile fringe authority. ... (C) Alternatives. There are two alternatives for permit application and processing procedures, as described by the following. (1) For projects located within the county’s MS4 area: (a) The project site owner shall submit an application for a stormwater management permit to the county.
Full Breakdown
001(C)(1) requires the site owner to submit two copies of a stormwater management permit application plus digital construction plans, which county departments and the Soil and Water Conservation District review before the project goes on the Plan Commission's agenda; the county must send the applicant a full list of comments at least ten days before that meeting, and within ten days after it the county either issues the permit or requests plan changes. C. 15-5 (Rule 5) or another MS4 community's construction site control ordinance.
001(D) exempts agricultural land management, additions to existing detached single-family homes, standalone lots disturbing under one acre, and any project disturbing less than 5,000 square feet, though that permitting exemption does not excuse a resulting illicit discharge. 010 gives the county tools short of court action: a written notice of violation with 30 days to submit a correction plan, permit revocation for a substantial departure from approved plans or false statements made to get the permit, a stop-work order, and a compliance order to abate unlawful conditions on a set schedule.
Violations & Fines
Under § 152.010(H) and § 152.999, a civil penalty up to $2,500 applies to developing without a required permit, developing inconsistently with an approved plan, or violating a permit condition, and that penalty rises 25% for each subsequent separate offense by the same person. The county can also recover its costs and attorney fees and seek an injunction, and each day of noncompliance counts as a separate offense.
Frequently Asked Questions
Do I need a stormwater permit to build in unincorporated Floyd County?
Are small residential projects exempt?
What if my project falls only partly inside the MS4 area?
What's the penalty for building without a stormwater permit?
Sources & Official References
Other rules in Floyd County
Compare Floyd County to another location·View the Indiana environmental rules overview
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