Local Stormwater Permit Update
Following the passage of House Enrolled Act 1037, Monroe County's Stormwater Management Ordinance (Chapter 761) was updated to reflect the state’s limitations on local Stormwater Permit for land disturbing activity requirements. Local entities cannot require a local grading permit for projects that do not meet the threshold for a state-issued Construction Stormwater General Permit (CSGP). Generally speaking, land disturbing activities meeting or exceeding the criteria below will require a Stormwater Permit.
- Land disturbing activities disturbing one (1) acre or more.
- Land disturbance less than one (1) acre that is part of a common plan of development.
- Land disturbing activities meeting the applicability of the Indiana Department of Environmental Management’s Construction Stormwater General Permit, or CSGP
Land disturbing activities that may not require a local Stormwater Permit, however are regulated under Chapter 761 include:
- Strip developments;
- Development or redevelopment requiring detention or post-construction water quality treatment
- New single-family residential dwellings requiring certified plot plans (see Monroe County Subdivision Control Ordinance);
- Land disturbing activities within a Karst Conservancy Area;
- New or widened roads;
- New culverts or culvert replacements;
- New dams, levees, or other flood control works; or
- Removal of dams, levees, or other flood control works.
All land disturbing activities, whether a permit is required or not, are subject to stormwater pollution prevention requirements and enforcement may be initiated if sediment is found to be leaving the project area. Under House Enrolled Act 1037, passed in May 2025, the state requires us to provide notification to any site not meeting stormwater pollution prevention standards. The site will then have 48 hours to resolve the violation, after which daily fines and stop work orders may be issued.
Logging permits are now administered through the Planning Department and are only required for logging within urban areas, per state code (IC-36-7-4-1103). The Stormwater Program requires a Stormwater Grading Permit for those logging sites that will meet the above disturbed acre thresholds when accounting for lay down yards and access roads. Skid trails and general harvest areas are not counted in the disturbed area calculations.
If you are unsure if a Stormwater Permit is required and would like to receive guidance prior to submitting a permit application, a Stormwater Inquiry Form can be submitted through the OpenGov permit portal.
Please contact the Stormwater Program at 812-349-2565 or storm@co.monroe.in.us if you have any questions or concerns.
For more information about IDEM’s CSGP permit applicability and requirements, see the IDEM website: IDEM: Stormwater Permitting: Construction / Land Disturbance Permitting