Rule 5 requires all projects to be terminated. A Notice of Termination (NOT) form -51514 (available on the IDEM Forms page) must be filed provided the project site is eligible. Termination of a project may be submitted when the conditions listed under one of the options below have been met.
- Change in Ownership: A project is eligible for termination when it is sold to another entity. The request to terminate does not apply to the sale of individual lots within the permitted acreage. Termination will only be granted upon sale of the entire project area as originally permitted. Acreage and project boundaries are required to match the original NOI submittal.
- Certification for Termination of Construction Activity: Once construction activity has been completed, the project site owner is required to terminate permit coverage. Eligibility to terminate a Rule 5 permit is based on the following two criteria:
- The entire site has been completed. This includes final stabilization of the entire project area, including removal of all temporary erosion and sediment control measures. In addition, all individual lots within the development have been completed. This includes that all buildings have been constructed and no additional land disturbance is planned.
- IDEM, in most situations, does not require individual building sites within a multi-lot project to be permitted separately. The individual lots are permitted through the original project site owner's submittal of the Notice of Intent. For more information, please refer to Rule Applicability.
- The project site is eligible for "Early Release". This provision has been established for terminating responsibility prior to completion of the project. A project site owner may request termination of their permit (and thus end responsibility) when:
- The remaining, undeveloped acreage does not exceed five (5) acres, with contiguous areas not to exceed one (1) acre.
- A map of the project site, clearly identifying all remaining undeveloped lots, is attached to the Notice of Termination (NOT) letter. The map must be accompanied by a list of names and addresses of individual lot owners or individual lot operators of all undeveloped lots.
- All public and common improvements, including infrastructure, have been completed and permanently stabilized and have been transferred to the appropriate local entity.
- The remaining acreage does not pose a significant threat to the integrity of the infrastructure, adjacent properties, or water quality.
- All permanent storm water quality measures have been implemented and are operational.
Frequently Asked Questions
For more information regarding termination requirements for 327 IAC 15-5, please contact the IDEM Permits Coordinator.