Construction / Land Disturbance Permitting
327 IAC 15-5 [PDF] is a performance-based regulation designed to reduce pollutants that are associated with construction and/or land-disturbing activities.
The requirements of the Construction Site Run-off general permit applies 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 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, 327 IAC 15-5 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 327 IAC 15-5 applies universally to all "project site owners" who are eligible to operate under the rule.
Therefore the application for a Construction Site Run-off general permit is called a Notice of Intent, or NOI, because the "applicant" or "project site owner" is essentially notifying IDEM of hisor 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, the agency may require an individual storm water permit. 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?
- 327 IAC 15-5 (Rule 5) [PDF]: Storm Water Run-off Associated with Construction Activity (scroll to the bottom of page 11)
Who is required to comply with 327 IAC 15-5?
How does the Rule 5Construction Site Run-off permitting process work?
What other permits may be required for a construction/land disturbance activity regulated under 327 IAC 15-5?
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 Run-off Associated With Construction Activity - 51514
- Notice of Intent (NOI) Submittal
- Proof of Publication
- Guidance on Completing the NOI Form
- Permit Length
- Permit Renewal
- Notice of Termination (NOT) Submittal and Eligibility
- Guidance for Construction Plan / Storm Water Pollution Plan Development
- Construction Plan Submittal and Review
- Individual Storm Water Permit Requirements
- Performance Standards - Quality Assurance Program (Currently In Development)
- Identifying Hydrologic Unit Code(s) & Latitude and Longitude
- Storm Water Program Staff
- Reporting a Complaint or Violation
- Frequently Asked Questions
For more information regarding 327 IAC 15-5 (Rule 5), please contact the IDEM Storm Water Permit Coordinator.