Developers Information

The Board of Warrick County Commissioners created regulations concerning construction site and post-construction site storm water runoff. Those can be found in Ordinance 2006-14.

327 IAC 15-5 [PDF] (Scroll to bottom of page 10 to access the Rule) is a performance-based regulation designed to reduce pollutants that are associated with construction and/or land disturbing activities.

The requirements of Rule 5 now apply 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 subject to Rule 5 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, Rule 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 Rule 5 apply universally to all “project site owners” who are eligible to operate under the rule.

Therefore the application for a Rule 5 general permit is called a Notice of Intent, or NOI, because the “applicant” or “project site owner” is essentially notifying IDEM of his or 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.

For further information on 327 IAC 15-5 please visit

The Indiana Storm Water Quality Manual provides general guidelines and specific storm water quality measures for controlling soil erosion; controlling and treating the non-point source pollution associated with the sediment-laden runoff; and the management and treatment of pollutants associated with post-construction land uses. These guidelines will provide guidance to help minimize the adverse impacts that land disturbance, construction activity, and development can have on soil and water resources. This manual also discusses the philosophy and planning procedures critical to developing an effective storm water pollution prevention plan.

To download the manual to IDEM’s website at

Comments are closed.