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Indiana Construction Stormwater Permit (6-IN-b)

Information current as of 2023
In Indiana, a person (developer) may need a Construction Site Run-off General Permit (General Permit) from the Indiana Department of Environmental Management (IDEM) or a local Soil and Water Conservation District (SWCD) for stormwater discharges from construction activities that disturb one or more acres of land or that are part of a larger common plan of development that will disturb one or more acres of land. Indiana Department of Environmental Management – Construction Stormwater General Permit (INRA00000); Indiana Department of Environmental Management – Stormwater Permitting, Applicability Webpage. The IDEM often works closely with local Soil Water Conservation Districts (SWCDs). IDEM has also designated several counties and municipalities that are required to develop a local stormwater program. These are known as Municipal Separate Storm Sewer Systems (MS4s). If an MS4 has jurisdiction where a developer is seeking a permit, they will be required to meet local requirements in addition to the CSGP.


IDEM regulates construction stormwater discharges pursuant to CSGP INRA00000 and the Clean Water Act.



Construction Stormwater Permit Process


6-IN-b.1 – Construction Plan

The developer must develop and submit construction plans, including a SWP3 signed by a trained individual. CSGP (INRA00000). If the project is within the jurisdiction of a MS4 then the plan must be submitted to the local SWCD. Indiana Department of Environmental Management, Stormwater Permitting Process Website. The construction plans must include, at minimum, the following:

  • An index indicating the location of all required information in the construction plan
  • A project narrative and supporting plan documents;
  • Vicinity map depicting the project site location in relationship to recognizable local landmarks, towns, and major roads;
  • Identification and location of all wetlands, lakes, and watercourses on or adjacent to the project site;
  • The location of any in-stream activities planned for the project;
  • The identification and status of any other state or federal water quality permits or authorizations that are required for construction associated with the project site;
  • An existing project site layout;
  • Final project site layout;
  • A grading plan;
  • A drainage plan;
  • A SWP3 plan associated with construction activities; and
  • The post-construction SWP3 for all projects.

CSGP (INRA00000).

6-IN-b.2 to 6-IN-b.4 – Review Construction Plans for Approval

IDEM or SWCD must review the construction plans to ensure compliance with CSGP (INRA00000) and MS4 requirements .

IDEM or SWCD provides notice to the developer within 28 days if the construction plans are deficient, sufficient or if the plans qualify for a waiver. MS4s are not subject to the 28-day review period and have their own procedures for the submittal and review of plans.

A plan may be deemed deficient if it does not meet the requirements of CSGP (INRA00000) Sec. 4 or if the plan does not include provisions to adequately protect, avoid, or identify a wetland, other natural feature, or state/federal water.

IDEM or SWCD must deem the construction plans sufficient or approve a waiver before the developer may submit a Notice of Intent (NOI).

The project site owner should receive notification from the MS4 that the plan meets the requirements of the local ordinance, plan is deficient, or a written notice of the plan status directing the applicant to submit an NOI.

6-IN-b.5 to 6-IN-b.6 – Notice of Intent (NOI)

Submitting an NOI via the Indiana Department of Environmental Management – Regulator ePortal is required for all CSGPs. A copy should also be submitted to the plan review authority. After IDEM, SWCD, or the designated local authority approves the construction plans or grants a waiver, the developer must submit a complete Notice of Intent (NOI). The NOI must be signed by a person with signatory authority 40 C.F.R. 122.22. If it is a new project the NOI must be submitted a minimum of 48 hours prior to any land disturbances. The NOI must include, at minimum, the following:

  • Permit Number
  • Name and location of the proposed project;
  • The name, address, and contact information of the developer and NOI preparer; and
  • Specifics about the project.

Notice of Intent (NOI).

In addition, the developer must submit with the NOI, the following:

  • Proof of publication;
  • Filing fee ($100); and
  • Construction plan review verification.

Indiana Department of Environmental Management – Construction Stormwater General Permit, Guidance on Completing the NOI Form Webpage.

The developer must submit a copy of the NOI and supporting materials to all SWCDs or MS4s, where the land disturbing activities are to occur. CSGP (INRA00000).

6-IN-b.7 to 6-IN-b.8 – Review NOI for Completeness

The reviewing entity reviews the NOI for administrative and technical completeness. If the NOI is deemed deficient by the IDEM the project site owner has 14 days to amend the NOI and resubmit it. Land disturbance may not commence upon notification of a deficient NOI. CSGP (INRA00000).

6-IN-b.9 – Review NOI for Approval

IDEM, SWCD, or designated local authority reviews the NOI and supporting materials for compliance with the CSGP and limitations of the Clean Water Act and state law. Clean Water Act.

6-IN-b.10 to 6-IN-b.11 – Is an Individual Permit Required?

If IDEM determines that the stormwater run-off from a proposed project could impair the water quality of the receiving stream, identified as an outstanding state resource water, the reviewing entity notifies the developer that they need to apply for an Individual Permit. 327 Ind. Admin. Code §15-2-9(a). IDEM may require any person either with an existing discharge subject Indiana Admin. Code – 327 I.A.C. §§ 15-1 et seq., NPDES General Permit Rule Program to apply for and obtain an Individual Permit if any of the following occurs:

  • The applicable requirements of 327 Ind. Admin. Code §§ 15-1 et seq. are not adequate to ensure compliance with water quality standards or provisions that implement water quality standards;
  • The person is not in compliance with the terms and conditions of a General Permit;
  • A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants from the discharge;
  • Effluent limitations guidelines that are more stringent than the requirements in the General Permit are subsequently promulgated for discharges regulated by the General Permit;
  • A water quality management plan containing more stringent requirements applicable to such discharges is approved;
  • Circumstances have changed since the activity regulated began so that the discharger is no longer appropriately controlled under the General Permit or either a temporary or permanent reduction or elimination of the authorized discharge is necessary;
  • The water is identified as impaired for a pollutant proposed to be discharged and listed pursuant to section 303(d) of the Clean Water Act (33 U.S.C. 1313(d)); or
  • IDEM has revoked the developer’s coverage under the General Permit.

327 Ind. Admin. Code §15-2-9(a).

If IDEM requires an Individual Permit, IDEM notifies the developer in writing that an Individual Permit application is required. The notice must include, at minimum:

  • A brief statement of the reasons for the decision;
  • An Individual Permit Application form;
  • A statement setting a time for the developer to file an Individual Permit Application;
  • A statement that on the effective date of the Individual Permit, the General Permit as it applies to the developer no longer applies.

327 Ind. Admin. Code §15-2-9(b).

6-IN-b.12 – Construction Stormwater General Permit

The term length of a CSGP is five (5) years. IDEM has established the NOI receipt date as the actual start date of permit coverage. CSGPs are required to be renewed 90 days prior to the expiration of the General Permit. Indiana Department of Environmental Management – Construction Stormwater General Permit, Permit Length Webpage.


Construction activities may commence forty-eight (48) hours following submittal of the Notice of Intent. MS4s may have additional requirements that must be met prior to initiation of land disturbance.

6-IN-b.13 – Appeal Decision (Optional)

An interested party may appeal an action by IDEM for judicial review within 30 days after the date of notice of the agency’s decision. 312 Ind. Code §§ 4-21.5-5-4(a) – 5.

6-IN-b.14 – Notice of Termination (NOT)

The developer must submit a Notice of Termination (NOT) Stormwater Runoff Associated with Construction Activity (Form 51514) to IDEM and SWCD once construction of the proposed project is complete. Indiana Department of Environmental Management – Construction Stormwater Permit, Step-by-Step Process for Compliance Webpage.


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