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Indiana Department of Environmental Management

IDEM > Permitting > Water Permits > Wet Weather - CSO & Storm Water (Rule 5, 6, & 13) > Storm Water Permitting > Construction/Land Disturbance Storm Water Permitting (327 IAC 15-5, Rule 5) Construction/Land Disturbance Storm Water Permitting (327 IAC 15-5, Rule 5)

327 IAC 15-5 [PDF] (Scroll to bottom of page 10 to access the Rule) is a performance-based regulation designed to reduce pollutants that are associated with construction and/or land disturbing activities. 

The requirements of Rule 5 now apply to all persons who are involved in construction activity (which includes clearing, grading, excavation and other land disturbing activities) that results in the disturbance of one (1) acre or more of total land area. If the land disturbing activity results in the disturbance of less than one (1) acre of total land area, but is part of a larger common plan of development or sale, the project is still subject to storm water permitting.

In Indiana most construction projects subject to Rule 5 are administered through a general permit. A general permit is a permit by rule, and as such it is not "issued" in the same manner as an individual NPDES permit would be issued. Rather, Rule 5 was "conditionally issued" to all future "project site owners" at the time that the rule was adopted by the Indiana Water Pollution Control Board. The permit conditions within Rule 5 apply universally to all "project site owners" who are eligible to operate under the rule.

Therefore the application for a Rule 5 general permit is called a Notice of Intent, or NOI, because the "applicant" or "project site owner" is essentially notifying IDEM of his or her intent to operate their proposed construction project in a manner consistent with the Rule.  The applicant follows all guidelines and requirements for submittal of the general permit, which includes the submittal of a Construction Plan and a Notice of Intent. The Notice of Intent must include the fee, notice of publication, and verification from the review authority that the plans meet the requirements of the Rule.

Project Site Owner is any developer or other person(s) who has financial and operational control over construction activities and project plans at a construction site, including the ability to modify those plans.

If an adverse environmental impact from a project site is evident, a Rule 5 permit or, in more significant situations, an individual storm water permit may be required. An individual storm water permit is typically required only if IDEM determines the discharge will significantly lower water quality. If an individual storm water permit is required, notice will be given to the project site owner. The Individual Storm Water Permit has its own set of application requirements.

Where can I find the Rule for construction/land disturbance permitting?

Who is required to comply with 327 IAC 15-5?

How does the Rule 5 permitting process work?

What other permits may be required for a construction/land disturbance activity regulated under Rule 5?

Quick References to Rule 5 Topics

Indiana State Forms

The following forms are available on the IDEM Forms page:

  • Rule 5 - Notice of Intent (NOI) - 47487
  • Rule 5 - Notice of Termination (NOT) Storm Water Runoff Associated With Construction Activity - 51514

Additional Topics

For more information regarding 327 IAC 15-5 (Rule 5), please contact the IDEM Permits Coordinator.