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Gary, IN Environmental Rules: Stormwater Management (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit threshold
10,000 sq ft or more of land disturbance (§119-76(a))
Administering agency
Gary Stormwater Management District, GSWMD (§119-7)
NOI deadline
Filed 48 hours before construction starts (§119-76(c))
First-offense fine
Up to $2,500 civil infraction per day (§119-38(a))
Stop-work violation fine
Up to $5,000 per violation (§119-39(b))
Permit term
Expires 5 years after issuance (§119-76(d))

Summary

Gary's Stormwater Management District, GSWMD, requires a permit before any land disturbance of 10,000 square feet or more, on top of zoning and building permit compliance. No building permit issues until the applicable stormwater provisions are met, and violations are civil infractions carrying up to $2,500.00 in fines per day.

In addition to the requirements of this chapter, compliance with the requirements set forth in the local zoning ordinances is also necessary. ... No building permit shall be issued for the construction, extension, remodeling, alteration or repair of any proposed or existing building in the city, unless all of the applicable provisions of this chapter have been complied with. ... Any person found in violation of any provision of this chapter shall be responsible for a civil infraction and subject to a maximum fine of $2,500.00 for a first offense, and a maximum of $2,500.00 for a subsequent offense, plus costs, damages, and expenses. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. ... This section applies to all development, or redevelopment of land, that results in land disturbance of 10,000 square feet or more.

Full Breakdown

Gary Municipal Code § 119-37 makes compliance with Chapter 119 a condition of getting a building permit: no permit for construction, extension, remodeling, alteration, or repair may issue unless the applicable stormwater provisions have been met, on top of whatever the zoning ordinance and other city, state, and federal rules already require. Section 119-7 puts the Gary Stormwater Management District, GSWMD, in charge of administering, implementing, and enforcing the chapter, and § 119-8 makes its requirements additional to, not a substitute for, Indiana's Rule 5 construction stormwater rule, Rule 13 for municipal separate storm sewer systems, and Rule 6 for industrial sites.

Under § 119-76(a), any development or redevelopment disturbing 10,000 square feet or more of land needs a stormwater permit, following the procedures in the city's design standards manual; once GSWMD issues the permit, the project owner must file a notice of intent at least 48 hours before construction starts, and, for sites disturbing an acre or more, also notify IDEM with a $100.00 fee. A pre-construction meeting with GSWMD is required before grading begins to confirm perimeter erosion controls are in place. Section 119-78 covers individual lots inside a larger permitted project that disturb less than 10,000 square feet: those still need a formal lot-level plot plan permit, including a certified site layout and an erosion and sediment control plan, before a building permit can issue.

Stormwater permits issued under § 119-76 expire five years after issuance, and the NOI must be resubmitted at least 90 days before that expiration if construction isn't finished.

Violations & Fines

Section 119-38 makes any violation of Chapter 119 a civil infraction carrying a maximum fine of $2,500.00 for a first offense and up to $2,500.00 for a repeat offense, plus costs, damages, and expenses, with each day of violation a separate offense. GSWMD can also issue a written stop-work order under § 119-39 for noncompliant land disturbance; ignoring that order is a separate infraction punishable by up to $5,000.00 per violation, plus a possible permit reinstatement fee.

Frequently Asked Questions

When does a Gary construction project need a stormwater permit?
Under § 119-76(a), any development or redevelopment that disturbs 10,000 square feet or more of land needs a stormwater management permit from GSWMD before work can start, following the procedures set out in the city's design standards manual, in addition to whatever zoning or building permits the project already requires.
What is GSWMD and what does it enforce?
GSWMD is the Gary Stormwater Management District, the board and staff that § 119-7 puts in charge of administering, implementing, and enforcing Chapter 119. Its rules apply on top of, not instead of, Indiana's Rule 5, 6, and 13 stormwater regulations and any other applicable city, state, or federal requirement, per § 119-8.
What happens if a Gary site ignores a stormwater stop-work order?
Section 119-39(b) makes ignoring a GSWMD stop-work order a separate infraction, punishable by up to $5,000.00 per violation on top of any permit reinstatement fee GSWMD assesses. The underlying chapter violation itself is a civil infraction under § 119-38 carrying up to $2,500.00 per day it continues.

Sources & Official References

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