Storm water management., the official text

First Regular Session of the 124th General Assembly (2025)

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  HOUSE ENROLLED ACT No. 1037

   AN ACT to amend the Indiana Code concerning local government.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 36-1-3-14 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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):

HEA 1037 — Concur
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      (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.
   SECTION 2. An emergency is declared for this act.

HEA 1037 — Concur
Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

HEA 1037 — Concur