§ 36-1-3-14 — Regulation of construction stormwater; exception

Indiana § 36-1-3-14

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 3: Home Rule

Text

(a) As used in this section, "land disturbing
activity" means any manmade change of the land surface, including:
(1) removing vegetative cover that exposes the underlying soil;
(2) excavating;
(3) filling; and
(4) grading.
(b) Except as provided in subsection (d), a unit does not have the
power to adopt:
(1) a law;
(2) a rule;
(3) an ordinance; or
(4) a regulation;
that is more stringent than or exceeds in any manner the requirements
of the department of environmental management's construction
stormwater general permit, including financial assurances and any
post-construction drainage reports.
(c) If a law, rule, ordinance, or regulation violates subsection (b):
(1) the law, rule, ordinance, or regulation is void; and
(2) the unit in violation of subsection (b) shall continue to
discharge its duties under the department of environmental
management's construction stormwater general permit program,
if any.
(d) If a land disturbing activity would result in the disturbance of
less than one (1) acre of total land area and is not part of a larger
common plan of development or sale, a unit or the department of
environmental management may take the following actions:
(1) If a person conducting a land disturbing activity fails to
control sediment or dust from leaving the site, issue a written
warning to the person with respect to the sediment or dust.
(2) If a written warning has been issued as described in
subdivision (1) and corrective action has not been initiated within
forty-eight (48) hours of receiving the written warning, issue a
stop work order for the site.

Legislative History

As added by P.L.150-2025, SEC.1.