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St. Joseph County, IN Environmental Rules: Stormwater Management (2026)

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

Key Facts

Threshold
1 acre or more of land disturbance triggers a SWPPP
Filing
Filed in triplicate with County Engineering's MS4 Operator
Review window
County has 28 calendar days to approve or reject
Permit term
SWPPP coverage lasts five years
Enforcement
County Engineer / MS4 Operator, stop-work authority
MS4 partners
Towns of Osceola and Roseland
Penalty escalation
First, second, third offense fines under § 53.99

Summary

St. Joseph County requires a Storm Water Pollution Prevention Plan (SWPPP) before any land-disturbing construction of one acre or more breaks ground in the unincorporated county, including smaller lots inside a larger common development. The plan goes to the county engineering department's MS4 Operator in triplicate with a filing fee, and the county has 28 days to accept or reject it before IDEM gets a copy.

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

(A)Any person performing land disturbing activities, as defined herein, in the MS4 designated portions of the county and its partnering entities shall be required to adhere to the provisions set out in this chapter and subject to penalty when necessary to ensure compliance with regulations under this chapter.(B)The requirements under this chapter apply to all persons who do not obtain an individual NPDES permit under 327 I.A.C. 15-2-6...and are involved in new construction activity that results in land disturbance equal to or greater than one acre or is less than one acre and a part of a larger common plan of development or sale that will disturb land equal to or greater than one acre...All SWPPP shall be submitted in triplicate to the county engineering department, Attn: MS4 Operator, for comments, recommendations and review of sufficiency...All SWPPP shall be accompanied by a filing fee, in an amount set out in the appendix: schedule of fines and fees, made payable to the county...The county has 28 days from the date of receipt to review SWPPP and notify the project site owner whether the SWPPP is sufficient or deficient.

Source: Indiana CodeView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

Chapter 53 of the county code implements Indiana's Rule 5 storm water program for every unincorporated parcel and the county's MS4 partnering entities, the Towns of Osceola and Roseland. 02, anyone who does not already hold an individual NPDES permit and who disturbs one acre or more, or less than an acre as part of a larger common plan of development that totals an acre or more, must comply with this chapter. 03 sets the SWPPP mechanics: the plan is submitted in triplicate to the county engineering department, Attn: MS4 Operator, for review, and the MS4 Operator forwards copies to the local soil and water conservation district and any partnering entity for comment.

Every SWPPP must carry a filing fee set by the appendix schedule of fines and fees, and the county has 28 calendar days from receipt to notify the applicant whether the plan is sufficient or deficient; if the county misses that window, the applicant may send the Notice of Intent straight to IDEM. A single SWPPP covers an entire common plan of development, so individual home builders on a residentially zoned subdivision do not each file separately. C. 15-5-2(b) and (c), and utility work under a county utility permit.

03(L). 04 require the permittee to notify the MS4 Operator at least five working days before construction starts each season and to document its own control-measure inspections. The county engineer or MS4 Operator can also require a SWPPP for a commercial, office or industrial site under one acre if it will be at least 80 percent impervious.

Violations & Fines

Section 53.05 lets the county issue an immediate stop-work order if a SWPPP violation threatens health, safety or neighboring property, and makes violators liable for the cost of removing sediment from any right-of-way, drain or storm sewer, recoverable as a lien under IC 36-1-6-2. Section 53.99 layers civil penalties from the fines-and-fees schedule on a first, second and third offense, with a stop-work order issued through the building commissioner on a third offense that stays in place until corrections are complete and all costs and fines are paid.

Frequently Asked Questions

Does a St. Joseph County SWPPP cover my whole subdivision or does each builder need one?
One SWPPP covers the entire common plan of development under section 53.03(I). Individual builders on residentially zoned lots inside that plan follow the master SWPPP instead of filing their own, though each builder must still comply with its terms and with chapter 53's other requirements.
How long does St. Joseph County have to review a SWPPP?
The county engineering department's MS4 Operator has 28 calendar days from receipt to tell the applicant whether the SWPPP is sufficient or deficient under section 53.03(H). If the county does not respond in that window, the applicant may send the Notice of Intent straight to IDEM and proceed.
What happens if I disturb land without a required SWPPP in St. Joseph County?
The county can issue an immediate stop-work order under section 53.05 and bill you for removing sediment tracked into any right-of-way, drain or storm sewer, which it can file as a property lien under IC 36-1-6-2. Section 53.99 adds escalating civil fines for a first, second and third documented offense.
Is my small home project exempt from St. Joseph County's stormwater chapter?
Yes, if it disturbs under an acre and is not part of a larger common plan of development. Section 53.03(K) also exempts emergency work, existing permitted nurseries, activities exempted under 327 I.A.C. 15-5-2(b) and (c), and utility work covered by a county utility permit.

Sources & Official References

Other rules in St. Joseph County

All St. Joseph County rules

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