Storm Water Pollution Prevention “Rule 5” Stormwater Runoff Associated with Land Disturbing Activity
327 IAC 15-5 [PDF] 
(Rule 5) has been revised to meet the federal Phase II requirements of the Clean Water Act. The revised Rule 5 became effective on November 26, 2003. This general permit rule applies to construction activities that result in the disturbance of one (1) or more acres of land. By definition in the rule, “land disturbing activity means any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading.” If a developer or project site owner conducts a land disturbing activity that disturbs one (1) or more acres of land, the project site owner must apply for coverage under a Rule 5 general stormwater permit. If a construction project disturbs less than one (1) acre of land, a Rule 5 permit is not required, unless the project is part of a “larger common plan of development or sale” or the land disturbing activity is determined to be causing an adverse impact to the environment, primarily related to a water of the state. By definition in the rule, “larger common plan of development or sale means a plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its own use.” If a project results in the disturbance on less than one (1) acre of land but is considered part of a “larger common plan of development or sale,” a Rule 5 permit is required for the larger common plan, that includes the individual lots with land disturbances of less than one (1) acre. An original or intermediate project site owner may have continuing responsibility for land disturbing activities at a site after lots are sold.
Links to Information
· Rule 5 Notice of Intent (NOI) letter form [PDF]
· Rule 5 Notice of Termination (NOT) form [PDF]
· Indiana DNR Stormwater and Sediment Control Program - Program Brochure [PDF]
· County Soil and Water Conservation District (SWCD) Offices
EPA - Stormwater Discharges from Construction Activities - information on the NPDES stormwater Program as it pertains to construction projects
