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Ind. Code § 36-1-3-14

Regulation of construction stormwater; exception

As added by P.L.150-2025, SEC.1.

Sec. 14. (a) As used in this section, "land disturbing activity" means any manmade change of the land surface, including:

(1) removing vegetative cover that exposes the underlying soil;

(2) excavating;

(3) filling; and

(4) grading.

(b) Except as provided in subsection (d), a unit does not have the power to adopt:

(1) a law;

(2) a rule;

(3) an ordinance; or

(4) a regulation;

that is more stringent than or exceeds in any manner the requirements of the department of environmental management's construction stormwater general permit, including financial assurances and any post-construction drainage reports.

(c) If a law, rule, ordinance, or regulation violates subsection (b):

(1) the law, rule, ordinance, or regulation is void; and

(2) the unit in violation of subsection (b) shall continue to discharge its duties under the department of environmental management's construction stormwater general permit program, if any.

(d) If a land disturbing activity would result in the disturbance of less than one (1) acre of total land area and is not part of a larger common plan of development or sale, a unit or the department of environmental management may take the following actions:

(1) If a person conducting a land disturbing activity fails to control sediment or dust from leaving the site, issue a written warning to the person with respect to the sediment or dust.

(2) If a written warning has been issued as described in subdivision (1) and corrective action has not been initiated within forty-eight (48) hours of receiving the written warning, issue a stop work order for the site.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.