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Construction / Land Disturbance Permitting

As of December 18, 2021, Indiana no longer administers the construction stormwater program under Indiana Administrative Code (327 IAC 15-5 or Rule 5).  Permitting coverage is now issued under the Construction Stormwater General Permit (CSGP). The CSGP is a performance-based regulation designed to reduce pollutants that are associated with construction and/or land-disturbing activities.

The requirements of the Construction CSGP 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 must obtain permit coverage under the CSGP.

To obtain permit coverage under the CSGP requires applicants to file an online application or a Notice of Intent (NOI).  The purpose of the NOI is for the "applicant" or "project site owner" to notify IDEM of his or her intent to operate their proposed construction project in a manner consistent with the CSGP. The applicant must follow all guidelines and requirements of the CSGP, which includes the submittal of a Construction/Stormwater Pollution Prevention Plan (SWP3) and a Notice of Intent. The Notice of Intent must include the fee ($100), and verification from the review authority that the SWP3 meet the requirements of the CSGP.

The “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 Construction Stormwater General Permit (CSGP)?

Who is required to comply with the CSGP?

How does the permitting process work and how do I obtain permit coverage under the CSGP?

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

How can I submit the application/NOI to obtain permit coverage under the CSGP?

  • To obtain permit coverage under the CSGP requires all applicants to file the NOI online.  Please use the IDEM Regulatory ePortal to submit your NOI online. Guidance is available for online submittals.

Quick References to Rule 5 Topics

Online applications are now required by the CSGP and also meet the U.S. EPA Electronic Reporting Rule.   Electronic submissions using the IDEM Regulatory ePortal will shorten processing time and issuance of the Notice of Sufficiency. Guidance on establishing an account and submitting a NOI online can be found on the Regulatory ePortal Guidance for Construction Stormwater Online page.

Additional Topics

For more information regarding the stormwater program and the Construction Stormwater General Permit (CSGP), please contact the IDEM Stormwater Permit Coordinator or the Stormwater Specialist assigned to the county where the project will occur.

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