The purpose of this chapter is to protect the safety, health and general welfare of the citizens of the Consolidated City of Indianapolis, Marion County by requiring compliance with standards and practices which result in proper stormwater drainage and sediment control during and after the accomplishment of land alterations.

(Code 1975, § 10½-1; G.O. 16, 2022, § 5)

The provisions of this chapter shall be applicable throughout the Consolidated City of Indianapolis, Marion County.

(Code 1975, § 10½-2; G.O. 16, 2022, § 6)

Any land alteration must be accomplished in conformity with regulations adopted by the board of public works pursuant to this chapter and drainage requirements. Where any apparent conflict exists between drainage requirements of this chapter and similar requirements of any state or federal agency which has jurisdiction over the work involved, the most stringent requirements shall be applicable. Except for the foregoing, compliance with any other applicable provision of law, ordinance or regulation shall not excuse noncompliance with this chapter.

(Code 1975, § 10½-3; G.O. 16, 2022, § 7; G.O. 33, 2023, § 1)

Editor's note— G.O. 63, 2009, § 37, passed June 29, 2009, repealed § 561-104, which pertained to "director" defined and derived from § 10½-4 of the 1975 Code; G.O. 15, 2001, § 51.

As used herein, "division of construction and business services" or "division" means the division of construction and business services of the department of business and neighborhood services.

(G.O. 63, 2009, § 38; G.O. 41, 2016, § 2)

Editor's note— G.O. 63, 2009, § 38, passed June 29, 2009, repealed the former § 561-105, and enacted a new 561-105 as set out herein. The former § 561-105 pertained to "division of compliance" defined and derived from § 10½-5 of the 1975 Code; G.O. 3, 2002, § 8.

As used herein, "drainage facilities" shall mean all ditches, drains, bioswales, rain gardens, channels, conduits, culverts, forebays, hydrodynamic separators, pervious and permeable pavements, pipes, retention-detention systems, tiles, swales, sewers, levees, dams, floodwalls and other natural or artificial means of conveying or draining stormwater from land, or for controlling and managing quantity of stormwater or removing pollutants from stormwater.

(Code 1975, § 10½-6; G.O. 16, 2022, § 8)

As used herein, "drainage requirements" shall mean:

(1)

Minimum drainage standards stated in Article III of this chapter.

(2)

Regulations promulgated by the board of public works.

(3)

Obligations and requirements relating to drainage established under the subdivision control ordinance of Marion County, Indiana.

(4)

Requirements stated under the flood control districts zoning ordinance of Marion County.

(5)

Commitments relating to drainage made pursuant to Public Law 185 of the Indiana Acts of 1973.

(6)

Conditions relating to drainage attached to a grant of variance by the metropolitan board of zoning appeals or any board of zoning appeals.

(Code 1975, § 10½-7; G.O. 15, 2001, § 52)

As used herein, "impacted drainage areas" shall be those areas defined and mapped by the board of public works pursuant to section 561-228, which are unlikely to be easily drained because of one (1) or more factors such as topography, soil type or distance from adequate drainage facilities.

(Code 1975, § 10½-8; G.O. 15, 2001, § 52)

As used herein, "land alteration" shall mean any action taken relative to land which either:

(1)

Changes the contour;

(2)

Increases the runoff rate;

(3)

Changes the elevation;

(4)

Decreases the rate at which water is absorbed;

(5)

Changes the drainage pattern;

(6)

Creates, removes or changes a drainage facility;

(7)

Involves construction, enlargement or location of any building on a permanent foundation;

(8)

Creates an impoundment; or

(9)

Disturbs soil on a levee, dam or within a levee or dam easement.

Land alteration includes (by way of example and not of limitation) terracing, grading, excavating, constructing earthwork, draining, installing drainage tile, filling and paving.

(Code 1975, § 10½-9; G.O. 16, 2022, § 9)

As used herein, "maintenance" shall mean cleaning, spraying, removing obstructions, maintaining vegetation, performing maintenance tasks required by this Code, regulations adopted by the board of public works pursuant to this chapter and drainage permits, and making repairs to a drainage facility so that it will perform the function for which it was designed and constructed.

(Code 1975, § 10½-10; G.O. 16, 2022, § 10)

The owner of property is responsible for inspection and maintenance of the property's drainage facilities. The granting of an easement to the City of Indianapolis does not alter the property owner's duty to inspect and maintain the property's drainage facilities.

(Code 1975, § 10½-20; G.O. 16, 2022, § 11)

(a)

Except for activity specified in subsection (c), it shall be unlawful for a person, partnership or corporation to undertake or accomplish any land alteration without having in force a written drainage permit obtained from the division of construction and business services. A violation of this section is subject to the enforcement procedures and penalties provided in section 103-3 of this Code; provided, however, the fine imposed for such violation shall not be less than one hundred dollars ($100.00), and each day that an offense continues shall constitute a separate violation. The controller shall cause any fines collected under this section to be deposited into an account for the use and benefit of the department of business and neighborhood services.

(b)

Soil disturbance on a levee, dam or within a levee or dam easement shall not be exempt from drainage permitting.

(c)

The permit specified in subsection (a) shall not be required for:

(1)

Excavation of cemetery graves;

(2)

Refuse disposal sites where storm drainage is controlled by other regulations;

(3)

Excavation for wells, excavation and backfills for poles, conduits, and wires of utility companies which result in land alteration 1,000 square feet or less;

(4)

Exploratory excavations or soil testing under the direction and control of professional engineers, soil engineers, geologists, civil engineers, architects or land surveyors, that are backfilled;

(5)

Ordinary cultivation of agricultural land including tilling and crop irrigation which does not result in a change in stormwater discharge location, volume or velocity at the property border;

(6)

The planting and tilling of gardens, flower beds, shrubs, trees and other common uses and landscaping of land which result in land alteration of 1,000 square feet or less;

(7)

Fill and grading of a former basement site after the demolition of a structure to conform the land to adjacent terrain pursuant to a wrecking permit obtained for that purpose;

(8)

Fill of holes of less than 500 square feet caused by erosion, settling of earth or the removal of such materials as dead trees, posts or concrete;

(9)

A fill less than one (1) foot in depth, and placed on natural terrain with a slope flatter than ten (10) percent, not intended to support structures, that does not exceed fifty (50) cubic yards per acre and does not obstruct or change drainage;

(10)

Maintenance of a drainage facility so that it will perform as it was designed and constructed which results in land alteration of 1,000 square feet or less;

(11)

Installation of a septic system pursuant to a permit obtained for that purpose;

(12)

Repair or reconstruction of an existing driveway, in kind, pursuant to a permit obtained for that purpose;

(13)

Installation of building sewers pursuant to a permit obtained for that purpose;

(14)

An enlargement or exterior change of 200 square feet or less to an existing structure when no part of the structure or the enlargement or exterior change to the structure is located in an impacted drainage area;

(15)

Placement of an accessory structure that is 200 square feet in size or less to a one- or two-family dwelling and is not located on a permanent foundation;

(16)

Exterior changes to a structure that do not change the ground floor area of the structure, unless the roof of the building is part of a stormwater retention-detention system; or

(17)

Construction of a deck that extends over open ground at least eight (8) feet above grade or that is constructed so that water freely and directly flows through the deck to the ground below the deck.

(d)

The drainage permit must be obtained before any work is initiated, except for testing to determine procedures or materials.

(Code 1975, § 10½-30; G.O. 168, 1999, § 12; G.O. 15, 2001, § 53; G.O. 3, 2002, § 9; G.O. 63, 2009, § 39; G.O. 41, 2016, § 2; G.O. 16, 2022, § 12; G.O. 33, 2023, § 2)

In order to obtain a drainage permit, a person, partnership or corporation must be the person, partnership or corporation that will be responsible for accomplishing the land alteration for which the drainage permit was issued.

(Code 1975, § 10½-31)

(a)

Application for a drainage permit shall be made to the division of construction and business services. The application shall be completed online or in writing on a form prescribed by the division.

(b)

A drainage permit shall be issued if:

(1)

The person, partnership or corporation is eligible to apply for and obtain a drainage permit under section 561-222;

(2)

The application required by this section and supporting information required by either section 561-224 or section 561-225 have been properly prepared and submitted;

(3)

The drainage plan, together with supplemental information required by either section 561-224 or section 561-225 reflect compliance with drainage requirements;

(4)

If required by the administrator as assigned by the deputy director of the division, a bond has been posted pursuant to section 561-231;

(5)

If required by the administrator as assigned by the deputy director of the division, a covenant has been executed pursuant to section 561-232;

(6)

If required by the administrator as assigned by the deputy director of the division, an easement has been dedicated pursuant to section 561-233;

(7)

If required by the administrator as assigned by the deputy director of the division, a drainage facility operations and maintenance manual has been recorded pursuant to Section 561-234; and

(8)

The applicable fee, computed in accordance with Division 8 of Article II of this chapter, has been paid.

(Code 1975, § 10½-32; G.O. 15, 2001, § 54; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2; G.O. 16, 2022, § 13; G.O. 33, 2023, § 3)

(a)

A drainage plan fulfilling the requirements of this section shall be submitted to the division of construction and business services for approval before a drainage permit can be obtained to accomplish a land alteration, unless the land alteration is such that a drainage permit can be obtained in accordance with section 561-225. The drainage plan must be submitted in a manner determined by the administrator as assigned by the deputy director of the division and shall indicate in a precise way the work to be accomplished pursuant to the drainage permit. A copy of the drainage plan will remain on file in the division. The following information must be submitted for approval:

(1)

Construction features. The drainage plan shall demonstrate and describe surface and subsurface drainage and include the following:

a.

Scale; arrow; contours and USGS benchmarks: The drainage plan shall be drawn to scale, preferably one (1) inch per fifty (50) feet, and an arrow indicating north shall appear on each page. Existing land contours shall be shown, with one-foot contours for land with a slope flatter than ten (10) percent, two-foot contours for slopes equal to or greater than ten (10) percent but flatter than twenty (20) percent, and five-foot contours for slopes equal to or greater than twenty (20) percent. A benchmark, which is easily accessible and relocatable, shall be shown. The benchmark may be assumed at the discretion of the administrator as assigned by the deputy director of the division if the area contains less than three (3) acres, but otherwise shall be determined by USGS datum.

b.

Location and vicinity map: A map that indicates the location and vicinity of the proposed land alteration shall be included in the drainage plan.

c.

Existing and proposed drainage facilities: The drainage plan shall show the locations of all existing and proposed drainage facilities. Storm drains, manholes and other structures shall be located in the plans by dimensions from traverse lines, property markers or road centerlines. Coordinates of manholes and bearings of storm drains shall be included and based either on the state's coordinate system or other acceptable horizontal and vertical datum. If applicable, the drainage plan should show the direction of flow, elevation of inverts, gradient and size of existing and proposed storm drains. The design calculations shall include the capacity of existing and proposed storm sewers.

d.

Plan and profile: The plan shall be shown at the upper portion of the drawing. The plan, generally, shall be drawn on a scale of one (1) inch equals fifty (50) feet. The plan shall show appropriate right-of-way and easement limits. The profile shall be shown under the plan and shall extend a sufficient distance downstream of the outlet to allow any pertinent information concerning the outfall channel to be shown. The storm drain and inlet profile shall generally be drawn on a scale of one (1) inch equals fifty (50) feet horizontal, one (1) inch equals five (5) feet vertical. Where a storm drain is located in an existing or proposed pavement or shoulder, the centerline grade of the road shall be shown. Where a storm drain is located outside pavement or shoulder, the existing ground over the storm drain with proposed grading shall be shown. If the storm drain is to be constructed on fill, the profile of the undisturbed earth, at drain location, shall be shown.

(2)

Design calculations. Design calculations are required as part of the drainage plan and shall specifically include:

a.

Estimation of stormwater runoff:

1.

Drainage area map (scale one (1) inch equals 200 feet) indicating contours at two-foot intervals and limits of one-hundred-year floodplain, where applicable, as well as the watershed and sub-watershed boundaries with their respective areas labeled;

2.

Weighted runoff coefficient computations; and

3.

Time of concentration computation indicating overland flow time and flow time in the swale, gutter, pipe and/or channel.

b.

Close conduit and open channel design computations:

1.

Size of pipe or channel cross section;

2.

Pipe or channel inverts and slope in percent;

3.

Roughness coefficient;

4.

Flowing velocities in feet per second; and

5.

Design capacity in cubic feet per second.

c.

Head loss computations in manholes and junction chambers.

d.

Inlet casting capacity computations.

e.

Hydraulic gradient computations, wherever applicable.

f.

Post-construction water quality calculations such as, but not limited to, design parameters.

Such design calculations shall conform to the standards of Article III, Division 5 of this chapter and all regulations promulgated thereunder.

(3)

Construction water quality information. Adequate and appropriate construction stormwater quality controls including, but not limited to, erosion and sediment controls, dewatering filter, pollution prevention, concrete and cementitious washout containment, inlet protection, and other information as required by the National Pollutant Discharge Elimination System (NPDES Construction Stormwater General Permit administered by the State of Indiana, and regulations adopted by the board of public works pursuant to this chapter.

(4)

Existing features. Verification that existing water quality and quantity drainage facilities to remain anywhere on the parcel have been inspected and maintained to function as originally designed and permitted.

(5)

Contaminated soils. Inclusion of information regarding the presence, or lack thereof, of contaminated soils to be disturbed during construction and the impact from or to stormwater shall be included. Said information shall include the following:

a.

The applicant shall consider implications of stormwater on existing contaminated soils and address this concern in the design and Technical Information Report.

b.

The design shall provide measures to mitigate movement of contaminants off site and shall include the typical fate and transport of the contaminants present.

(6)

Additional information. The administrator as assigned by the deputy director of the division shall be empowered to require such additional information to be included in a drainage plan that is necessary to evaluate and determine the adequacy of the proposed drainage facility.

(7)

Certification required. All drainage plans submitted under this section must be certified by a registered professional engineer, land surveyor or architect engaged in storm drainage design under whose supervision the plans were prepared. The certificate shall be in a form prescribed by the division.

(b)

The approval of a drainage plan by the division under this section shall be valid for a period of one (1) year from the date such approval was granted, or until the drainage permit for which the plan was submitted is issued, whichever occurs first. However, prior to the issuance of the permit, if there are any material changes to an approved drainage plan or circumstances that cause the drainage plan to be inaccurate or incomplete, then a new or corrected drainage plan shall be submitted to and approved by the division as a precondition for obtaining a drainage permit. All conditions of the approval of a drainage plan shall be met prior to issuance of a permit. The administrator as assigned by the deputy director of the division of construction and business services may, for good cause shown in writing, extend the validity of the drainage plan approval for an additional period that is reasonable under the circumstances.

(Code 1975, § 10½-33; G.O. 168, 1999, § 14; G.O. 15, 2001, § 54; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2; G.O. 16, 2022, § 14; G.O. 33, 2023, § 4)

(a)

A drainage plan that does not contain as much information as drainage plans prepared to fulfill the requirements of section 561-224 and that is not prepared or certified by a registered professional engineer, land surveyor or architect engaged in storm drainage design may be submitted when:

(1)

No part of the parcel or property for which the drainage permit is required is in an impacted drainage area;

(2)

The primary basis on which a drainage permit is required is the construction, enlargement or location, on a permanent foundation, of a one-family dwelling, two-family dwelling or accessory structure appurtenant to either a one- or two-family dwelling;

(3)

The project results in less than one-half (½) of an acre of land disturbance; and

(4)

The project does not alter drainage patterns at the property boundaries.

(b)

The drainage plan must be submitted in a manner determined by the administrator as assigned by the deputy director of the division and shall indicate the nature and location of all work to be accomplished pursuant to a drainage permit. The drainage plan must be neat, accurate and readable. A copy of the drainage plan will remain on file in the division of construction and business services. The following information must be submitted for approval under this section:

(1)

The legal description and the street address for the property;

(2)

The dimensions and borders of the parcel;

(3)

The name and address of the owner;

(4)

An arrow indicating north;

(5)

Location of all existing and proposed improvements, structures and paved areas on the site;

(6)

Existing and proposed grading showing positive drainage by contouring or sufficient spot elevations;

(7)

Location of all existing or proposed swales, ditches, culverts, drainage channels, surface and subsurface drainage devices and the direction of the flow; and

(8)

Adequate and appropriate stormwater quality controls including, but not limited to, erosion and sediment controls, dewatering filter, concrete and cementitious washout containment, pollution prevention, inlet protection and other information as required by regulations adopted by the board of public works pursuant to this chapter.

The drainage plan shall include information necessary to demonstrate conformity with all drainage requirements of article III of this chapter. The plot map shall illustrate the surface drainage pattern of the site away from structures and the final distribution of surface water off-site, either preventing or planning for surface ponding.

(c)

The approval of a drainage plan by the division under this section shall be valid for a period of one (1) year from the date such approval was granted, or until the drainage permit for which the plan was submitted is issued, whichever occurs first. However, prior to the issuance of the permit, if there are any material changes to an approved drainage plan or circumstances that cause the drainage plan to be inaccurate or incomplete, then a new or corrected drainage plan shall be submitted to and approved by the division as a precondition for obtaining a drainage permit. All conditions of the approval of a drainage plan shall be met prior to issuance of a permit. The administrator as assigned by the deputy director of the division of construction and business services may, for good cause shown in writing, extend the validity of the drainage plan approval for an additional period that is reasonable under the circumstances.

(d)

Notwithstanding other provisions of this section, submission of a drainage plan shall not be required as a precondition for obtaining a drainage permit in the instance of a one- or two-family dwelling constructed in a subdivision for which a plat has been approved in accordance with chapter 741, article I of this Code, and for which a drainage plan meeting the requirements of section 561-224 has been approved and a permit issued under this chapter, so long as the permit applicant certifies that the land alteration shall be accomplished in compliance with the specifications and information found on the approved plat and on such drainage plan. Any deviations from the drainage provisions as approved in the plat and drainage plan for the subject plot must be submitted to the division for approval by the administrator of the division, and the administrator may require the submission of plans or other information relative to the deviation that may be required as a precondition to approval.

(e)

Notwithstanding other provisions of this section, submission of a drainage plan shall not be required as a precondition for obtaining a drainage permit in the instance of residential alterations which do not exceed four hundred (400) square feet and does not connect to the city storm sewer system. The administrator as assigned by the deputy director of the division of construction and business services may require the submission of plans or other information relative to the development as a precondition for issuance of a permit.

(Code 1975, § 10½-34; G.O. 168, 1999, § 14; G.O. 15, 2001, § 54; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2; G.O. 16, 2022, § 15; G.O. 33, 2023, § 5)

A drainage permit shall expire one (1) year from the date of its issuance. The administrator as assigned by the deputy director of the division of construction and business services may, for good cause, shown in writing, extend the validity of the permit for an additional period that is reasonable under the circumstances to allow commencement or completion of the land alteration days. An extension under this section may be granted upon the payment of the applicable fee as computed in accordance with division 8 of article II of this chapter and shall be confirmed in writing.

(Code 1975, § 10½-35; G.O. 168, 1999, § 14; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2; G.O. 16, 2022, § 16)

(a)

After a permit has been issued, the permittee shall give prompt written notice to the administrator as assigned by the deputy director of the division of construction and business services of any addition to or change in the information contained in the permit application.

(b)

After a permit has been issued, any material deviation or change in the information contained in the permit application or in the approved plans shall be considered an amendment subject to approval by the administrator as assigned by the deputy director of the division. Prior to the time land alteration involving the change occurs, the permittee shall file with the administrator a written request for amendment, including a detailed statement of the requested change and the submission of any amended plans.

(c)

The administrator as assigned by the deputy director of the division shall give the permittee written notice that the request for amendment has been approved or denied, and if approved, copies of the amended application or plans shall be attached to the original application or plans.

(d)

The administrator as assigned by the deputy director of the division may approve an amendment to a permit or approved plans under this section upon the payment of the applicable fee as computed in accordance with Division 8 of Article II of this chapter. Reinspection fees or other fees that are occasioned by the amendment shall be assessed and paid in the same manner as for original permits or plans.

(Code 1975, § 10½-36; G.O. 168, 1999, § 14; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2)

(a)

The board of public works is authorized, but is not required, to classify certain geographical areas as impacted drainage areas and to enact and promulgate regulations for land alteration in impacted drainage areas, in addition to regulations that are applicable generally. Such classifications and regulations may be later modified or rescinded by the board of public works.

(b)

Action of the board of public works to classify or declassify any area as an impacted drainage area, or to promulgate, repeal or modify any regulation in regard thereto, shall be in compliance with the requirements of Article III, Division 2 of this chapter, regarding promulgation, repeal and modification of regulations generally.

(c)

In determining impacted drainage areas, the board of public works shall consider such factors as topography, soil type and distance from adequate drainage facilities. The following areas shall be designated as impacted drainage areas, unless good reason for not including them is presented to the board of public works:

(1)

A floodway or floodplain designated by the metropolitan development commission in the zoning ordinance of Marion County, Indiana;

(2)

Land within seventy-five (75) feet of each bank of any legal drain;

(3)

Land within fifty (50) feet of each bank of a natural drainageway, including a river, stream, gully, ditch or other definite natural watercourse; and

(4)

Land where there is not an adequate outlet, taking into consideration the capacity of depth of the outlet.

(d)

A map identifying impacted drainage areas shall be retained in the office of the division of construction and business services and shall be made conveniently available to members of the public during regular business hours.

(Code 1975, § 10½-37; G.O. 15, 2001, § 55; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2)

(a)

A drainage permit may be transferred with the approval of the administrator as assigned by the deputy director of the division of construction and business services to a person, partnership or corporation that would be eligible under section 561-222 to obtain such drainage permit in the first instance (hereinafter called "transferee"), after both the payment of a fee as computed in accordance with Division 8 of this article and the execution and filing of a form furnished by the division. Such transfer form shall contain, in substance, the following certifications, release and agreement:

(1)

The person who obtained the original drainage permit or a person who is employed by and authorized to act for the obtainer (hereinafter called "transferor") shall:

a.

Certify under penalties for perjury that such person is familiar with land alteration activity accomplished pursuant to the drainage permit; such person is familiar with the drainage requirements applicable to the land alteration activity; and to the best of such person's knowledge, information and belief the land alteration activity, to the extent performed, is in conformity with all drainage requirements; and

b.

Sign a statement releasing all rights and privileges secured under the drainage permit to the transferee.

(2)

The transferee shall:

a.

Certify that the transferee is familiar with the information contained in the original drainage permit application, the drainage plan, and any other documents filed in support of the application for the original drainage permit;

b.

Certify that the transferee is familiar with the present condition of the premises on which land alteration activity is to be accomplished pursuant to the drainage permit; and

c.

Agree to adopt and be bound by the information contained in the original application for the drainage permit, the drainage plan, and other documents supporting the original drainage permit application; or in the alternative, agree to be bound by such application, plan and documents as modified by an amendment submitted to the administrator as assigned by the deputy director of the division of construction and business services for approval.

(b)

The transferee shall assume the responsibilities and obligations of and shall comply with the same procedures required of the transferor (including, but not being limited to, the requirement of section 561-241 that a certificate of completion and compliance be executed and filed) and shall be subject to any written orders issued by the administrator as assigned by the deputy director of the division of construction and business services.

(c)

A permit for land alteration activity at a specified location may not be transferred to land alteration activity at another location.

(G.O. 168, 1999, § 15; G.O. 15, 2001, § 55; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2)

(a)

The administrator as assigned by the deputy director of the division of construction and business services may, as a prerequisite to the issuance of a drainage permit, require the posting of a performance bond from a company licensed by the State of Indiana to provide such surety, upon which the principal may be the owner of the affected land, the developer, or any other party or parties the administrator believes necessary. Such bond shall name the City of Indianapolis and County of Marion as parties who can enforce the obligations thereunder and shall be in an amount established by the administrator as adequate to provide surety for the satisfactory completion of the improvements required by the drainage permit. In the instance of platting, such bond may be a part of the total bonding required by the plats committee of the metropolitan development commission.

(b)

In instances where the administrator as assigned by the deputy director of the division has required a performance bond pursuant to this section, the administrator may, as an alternative to the posting of such bond, accept other appropriate security, such as a properly conditioned irrevocable letter of credit, that meets the same objectives as the performance bond described in this section, subject to approval of any other department or agency whose interests are protected by the same bonding requirement.

(Code 1975, § 10½-40; G.O. 3, 2002, § 11; G.O. 63, 2009, § 41; G.O. 41, 2016, § 2; G.O. 16, 2022, § 17)

Where the administrator as assigned by the deputy director of the division of construction and business services shall determine that such is necessary in order to achieve satisfactory present and future drainage of the parcel of land for which a drainage permit is sought and the area surrounding that parcel, the administrator may, as a prerequisite to the issuance of a drainage permit, require the execution of covenants and/or easements running in form to the Consolidated City of Indianapolis, Marion County by the owner or owners of such parcel. As a minimum in such cases, the administrator shall require that the following covenant be executed by the owner or owners of such land that will be included in a recorded plat:

"It shall be the responsibility of the owner of any lot or parcel of land within the area of this plat to comply at all times with the provisions of the drainage plan and operations and maintenance manuals as approved for this plat by the division of construction and business services of the City of Indianapolis and the requirements of all drainage permits for this plat issued by said division."

(Code 1975, § 10½-41; G.O. 15, 2001, § 56; G.O. 3, 2002, § 11; G.O. 63, 2009, § 41; G.O. 41, 2016, § 2; G.O. 16, 2022, § 18)

The administrator as assigned by the deputy director of the division of construction and business services may, as a prerequisite to issuance of a drainage permit, require the dedication of easements to the City of Indianapolis and to owners of other affected lands by the owner of the parcel of land, relative to which application for a drainage permit has been made, where such is necessary to achieve satisfactory present and future drainage of the parcel and the area surrounding the parcel.

(Code 1975, § 10½-42; G.O. 3, 2002, § 11; G.O. 63, 2009, § 41; G.O. 41, 2016, § 2)

The administrator as assigned by the deputy director of the division of construction and business services shall, as a prerequisite to issuance of a drainage permit, require the recording of an operations and maintenance manual for the drainage facilities constructed pursuant to the permit as necessary to achieve satisfactory present and future function of the drainage facilities.

(G.O. 16, 2022, § 19)

Within fourteen (14) days after completion of the land alteration of a nonresidential property for which a drainage permit was required, the obtainer of the drainage permit (or an employee of the obtainer who is authorized to act for the obtainer) shall execute and file with the division of construction and business services a certificate of completion and compliance. Such certificate shall be a form prescribed by the division.

(Code 1975, § 10½-50; G.O. 168, 1999, § 16; G.O. 15, 2001, § 57; G.O. 3, 2002, § 12; G.O. 63, 2009, § 42; G.O. 41, 2016, § 2; G.O. 16, 2022, § 20)

(a)

Any person, partnership or corporation which, being required to do so, fails to file with the division of construction and business services a certificate of completion and compliance in accordance with section 561-241 of this chapter, or who files a certificate of completion and compliance which is false in a material respect, shall not be eligible to obtain a drainage permit until a proper certificate of completion and compliance is filed. This sanction shall in no way limit the operation of penalties provided elsewhere in this chapter.

(b)

An administrative fee established pursuant to section 561-281 of this Code may be assessed at the discretion of the deputy director in charge of the division of construction and business services if a certificate of completion and compliance is not filed as required by section 561-241 of this chapter, the permit has expired for a period of more than thirty (30) days, and a request for extension of the permit pursuant to section 561-226 of this chapter was not requested prior to assessment of the administrative fee.

(G.O. 16, 2022, § 21)

(a)

The power to make investigations and inspections of land alterations shall be vested in the administrator as assigned by the deputy director of the division of construction and business services of the department of neighborhood services and his or her authorized representatives.

(b)

Investigation and inspection of land alteration may be made at any time by going upon, around or about the premises on which the land alteration has occurred.

(c)

Such investigation and inspection may be made either before, during or after the land alteration is completed, and it may be made for the purposes, among others, of determining whether the land alteration meets drainage requirements and ascertaining whether the land alteration has been accomplished in a manner consistent with plans and specifications or a certificate filed pursuant to section 561-241.

(d)

Efforts to afford an opportunity for investigation and inspection of the land alteration shall be made by persons working on or having control of the land alteration, including making available a copy of plans and specifications submitted to obtain a drainage permit.

(Code 1975, § 10½-60; G.O. 3, 2002, § 13; G.O. 63, 2009, § 43; G.O. 41, 2016, § 2)

(a)

It shall be the duty of the owner of property on which there are drainage facilities to inspect the facilities at minimum one (1) time each calendar year. If there is a recorded operations and maintenance manual for a drainage facility, then inspections shall be carried out in accordance with the manual.

(b)

It shall be the duty of the owner of property on which there are drainage facilities to perform such maintenance of the facility as necessary for the facility to function as designed, permitted and constructed.

(c)

The property owner shall maintain written records of drainage facility inspections and maintenance for a minimum of five (5) years from the date of the inspection. If an inspection determines that no maintenance is needed, such determination shall be documented in the records. The property owner shall make such records available to the division of construction and business services in a digital format within forty-eight (48) hours of a request for the records.

(d)

Upon request by the division, owners of property on which there are drainage facilities shall self-certify that the facilities were inspected and maintained as required by the operations and maintenance manual and functions as designed. Such certification shall be made in a form prescribed by the division and shall be submitted within a reasonable period of time as determined by the administrator as assigned by the deputy director of the division.

(e)

If a drainage facility is located on common property, does not have a single owner or is intended to benefit more than one property, then all property owners whose drainage flows to the drainage facility are responsible for compliance with this section.

(f)

If the property owner fails to provide the inspection and maintenance records or the self-certification within the timeframe provided in the requests described above, the division may inspect the stormwater facility and bill the property owner for costs incurred in doing so, which costs shall be due thirty (30) days after the date of the bill. Delinquent inspection costs shall constitute a lien against the real property and shall be certified to the auditor and collected as provided in IC 36-7-5.

(G.O. 16, 2022, § 22)

Editor's note— G.O. 168, 1999, § 13, passed by the city-county council on Dec. 13, 1999, repealed § 561-261, which pertained to fees for permits obtained after commencement of work. See the Code Comparative Table.

(a)

The administrator as assigned by the deputy director of the division of construction and business services may revoke a drainage permit where the application, plans or other supporting documents required by section 561-223 reflect either:

(1)

A false statement or misrepresentation as to material fact;

(2)

Lack of compliance with drainage requirements;

(3)

Failure to comply with the requirements of section 561-221, 561-222, 561-223, 561-224, 561-225 or 561-227 of the Code; or

(4)

Failure to post bond, execute covenants, record operations and maintenance manuals, or dedicate easements as required by the administrator of the division pursuant to section 561-231, 561-232, 561-233 or 561-234 of the Code.

(b)

This sanction shall in no way limit the operation of penalties provided elsewhere in this chapter.

(Code 1975, § 10½-71; G.O. 3, 2002, § 14; G.O. 63, 2009, § 44; G.O. 41, 2016, § 2; G.O. 16, 2022, § 23)

(a)

Whenever the administrator as assigned by the deputy director of the division of construction and business services or his or her authorized representative discovers the existence of any of the circumstances listed below, he or she is empowered to issue an order requiring the suspension of all construction activities. The stop-work order shall be in writing and shall state to what construction activities it is applicable and the reason for its issuance. One (1) copy of the stop-work order shall be posted on the property in a conspicuous place and one (1) copy shall be delivered to the permit applicant, and if conveniently possible to the person performing the construction activities and to the owner of the property or his or her agent. The stop-work order shall state the conditions under which construction activities may be resumed. A stop-work order shall be issued if:

(1)

Land alteration is proceeding in an unsafe manner;

(2)

Land alteration is occurring in violation of a drainage requirement and in such manner that if land alteration is allowed to proceed, there is a probability that it will be substantially difficult to correct the violation;

(3)

Land alteration has been accomplished in violation of a drainage requirement and a period of time that is one-half (½) the time period in which land alteration could be completed, but no longer than fifteen (15) calendar days has elapsed since written notice of the violation or noncompliance was either posted on the property in a conspicuous place or given to the person doing the land alteration, without the violation or noncompliance being corrected;

(4)

Land alteration for which a drainage permit is required is proceeding without a drainage permit being in force. In such an instance, the stop-work order shall indicate that the effect of the order terminates when the required drainage permit is obtained;

(5)

Construction activity is proceeding without the appropriate installation and maintenance of pollution prevention controls, including but not limited to, erosion and sediment controls, concrete and cementitious washout containment and trash containment; or

(6)

Construction activity that results in prohibited discharges to a municipal separate storm sewer, combined sewer or surface water body defined as an environmental public nuisance by section 575-2 of this Code.

(b)

This sanction shall in no way limit the operation of penalties provided elsewhere in this chapter.

(Code 1975, § 10½-72; G.O. 3, 2002, § 14; G.O. 63, 2009, § 44; G.O. 41, 2016, § 2; G.O. 16, 2022, § 24; G.O. 33, 2023, § 6)

(a)

The City of Indianapolis may initiate a civil action in a court of competent jurisdiction to restrain any person, partnership or corporation accomplishing a land alteration from violating a drainage requirement or plans and specifications filed in order to obtain a drainage permit. The City of Indianapolis may also initiate a civil action in a court of competent jurisdiction to restrain any person, partnership or corporation which owns land from allowing a drainage requirement or plans and specifications filed in order to obtain a drainage permit to be violated when a land alteration is accomplished. The purposes for which injunctive relief may be sought shall include, but not be limited to:

(1)

Enforcing the provisions of a stop-work order issued pursuant to section 561-263; or

(2)

Preventing the accomplishment of a land alteration in violation of a drainage requirement; or

(3)

Requiring accomplishment of a land alteration in accordance with drainage requirements and, if a drainage permit has been obtained, plans and specifications filed therewith.

(b)

This sanction shall in no way limit the operation of penalties provided elsewhere in this division.

(Code 1975, § 10½-73)

Failure to comply with the substantive or procedural provisions of this chapter, any minimum standard set forth in this chapter, any regulation promulgated by the board of public works pursuant to this chapter, or any other drainage requirement as defined in section 561-107 shall be unlawful and a violation of this Code subject to the enforcement procedures and penalties provided in section 103-3 of the Code. Each day that a violation continues shall constitute a separate violation. If a drainage facility is located on common property, does not have a single owner or is intended to benefit more than one (1) property, then all property owners whose drainage flows to the drainage facility are responsible for such violations. This penalty shall in no way limit the operation of special penalties for specific provisions of this chapter, nor shall such special penalties in any way limit the operation of this general penalty.

(Code 1975, § 10½-74; G.O. 15, 2001, § 58; G.O. 16, 2022, § 25)

(a)

Any person who violates a covenant required under section 561-232, and/or the owner of any parcel of land who permits such a violation upon land owned by him or her, may be notified in writing by the administrator as assigned by the deputy director of the division of construction and business services, that a violation exists, and shall be given a reasonable period of time in which to correct such violation. The notice shall specify the nature of the violation with reasonable clarity.

(b)

If the person responsible for a violation of a covenant required under section 561-232, or the owner of the land upon which such violation exists, fails to correct the violation in a reasonable time in accordance with the requirements of the notice described above, the City of Indianapolis shall have the authority, through the division, to correct the violation at its expense and to place a lien on the land whereupon the violation was so corrected for the recovery of any and all expenses caused to the city for effecting such correction.

(Code 1975, § 10½-75; G.O. 15, 2001, § 58; G.O. 3, 2002, § 15; G.O. 63, 2009, § 45; G.O. 41, 2016, § 2)

(a)

The administrator as assigned by the deputy director of the division of construction and business services, after consultation with the engineering division of the department of public works, shall have the power to modify or waive any minimum drainage standard found in Article III of this chapter or any regulations promulgated by the board of public works pursuant to Article III of this chapter. The administrator may, but is not required to, grant such a modification or waiver if an applicant for a drainage permit makes a substantial showing:

(1)

That a minimum drainage standard regulation is infeasible or unreasonably burdensome; and

(2)

That an alternate plan submitted by the applicant will achieve the same objective and purpose as compliance with minimum drainage standards and regulations.

(b)

The request for a variance together with supporting information shall be made in writing to the administrator who shall make a decision within twenty (20) days and file a copy of his or her decision with the board of public works.

(Code 1975, § 10½-80; G.O. 15, 2001, § 59; G.O. 3, 2002, § 16; G.O. 63, 2009, § 46; G.O. 41, 2016, § 2)

An applicant may appeal to the board of public works the decision of the administrator as assigned by the deputy director of the division of construction and business services denying or partially approving a requested variance. The appeal of the administrator's decision shall be filed with the board within twenty (20) days of the decision. An applicant may cause the variance request to be scheduled before the board of public works in the instance where the administrator has failed to make a decision for a period of twenty (20) days after the written request for a variance. The board shall hear the request for the variance de novo at a regular meeting and in making a decision shall apply the standards set forth in section 561-271.

(Code 1975, § 10½-81; G.O. 15, 2001, § 59; G.O. 3, 2002, § 16; G.O. 63, 2009, § 46; G.O. 41, 2016, § 2)

The board of business and neighborhood services shall have the power to establish the amount of fees by regulation.

(Code 1975, § 10½-90; G.O. 15, 2001, § 60; G.O. 63, 2009, § 47; G.O. 41, 2016, § 2)

Drainage permits shall be obtained for land alteration activity accomplished by or for a governmental unit, and inspections as specified in this chapter shall be allowed. Fees shall be required as specified in section 561-281 except for the following:

(1)

Land alteration activity for which a fee cannot be charged by the municipality because of federal or state law; or

(2)

Land alteration activity accomplished by a unit of local government, or by its employee or contractor in the course of such employee's or contractor's performance of duties for a unit of local government.

(Code 1975, §10½-91; G.O. 168, 1999, § 17)

(a)

Fees for drainage permits shall be collected by the division of construction and business services, acting on behalf of the controller.

(b)

A permit fee paid under this chapter shall not be refunded except upon request and in instances where the permit was issued in error, either because it was not required by law, or because a permit for the same activity previously had been issued and was in force at the time the second permit was applied for and issued.

(Code 1975, § 10½-92; G.O. 168, 1999, § 17; G.O. 15, 2001, § 61; G.O. 3, 2002, § 17; G.O. 63, 2009, § 48; G.O. 41, 2016, § 2)

All land alterations accomplished in the Consolidated City of Indianapolis, Marion County shall adhere to and be in compliance with the minimum drainage standards of this article, all applicable state, federal or other applicable regulatory requirements, and all regulations adopted by the board of public works in accordance with this chapter, unless a variance from the minimum drainage standards or regulations has been received pursuant to article II, division 7 of this chapter.

(Code 1975, § 10½-100; G.O. 15, 2001, § 62; G.O. 16, 2022, § 26)

The requirements of Division 3 and Division 4 of this article and pertinent regulations may be modified or waived, in accordance with section 561-271, for land alterations made in connection with the following kinds of construction activity to the extent that the applicant for the drainage permit makes a substantial showing that the minimum drainage standard or regulation is infeasible or unreasonably burdensome:

(1)

Alterations, enlargements, extensions or reconstructions of any building which constitutes a nonconforming use as authorized by the flood control district zoning ordinance of Marion County;

(2)

Construction of a detached accessory structure as authorized in the flood control district zoning ordinance of Marion County.

(Code 1975, § 10½-101)

The city-county council delegates to the board of public works of Marion County the authority to adopt, amend or repeal regulations which more specifically deal with the subject matter of the standards found in this Article III. The provisions of such regulations shall be consistent with the standards of this Article III. Any conflict between these standards and the regulations shall be reconciled in favor of the standards. Before adopting, amending or repealing any regulations, the board of public works shall follow the procedures provided in Chapter 141 of this Code.

(Code 1975, § 10½-110; G.O. 15, 2001, § 63)

Land alteration accomplished other than in conjunction with the construction, enlargement or location, on a permanent foundation, in a nonimpacted area, of a one-family dwelling, two-family dwelling or accessory structure appurtenant to either a one- or two-family dwelling shall be in accordance with standards found in this Division 3 and in accordance with regulations adopted by the board of public works which are pertinent to these standards.

(Code 1975, § 10½-120; G.O. 15, 2001, § 64)

In addition to the requirements of this chapter, land alteration shall be carried out in conformity with covenants executed in connection with rezoning cases, commitments, variance conditions, plat restrictions, building code standards of chapter 536 of the Code, and in conformity with applicable local, state and federal laws regulations.

(Code 1975, § 10½-121; G.O. 16, 2022, § 27)

A drainage facility shall be constructed which allows drainage of water runoff from each contributing watershed area and from each portion of the parcel to a place or places adequate to receive it.

(Code 1975, § 10½-122; G.O. 16, 2022, § 28; G.O. 33, 2023, § 7)

The drainage facility shall:

(1)

Be capable of accommodating the rainfall depth and intensity specified in regulations adopted by the board of public works pursuant to this chapter without endangering the public safety and health or causing significant damage to property;

(2)

Be designed and constructed to be durable and to meet the standards provided for in this chapter and in regulations adopted by the board of public works pursuant to this chapter;

(3)

Be easily maintained;

(4)

Be safe to persons;

(5)

Retard sedimentation; and

(6)

Retard erosion.

(Code 1975, § 10½-123; G.O. 16, 2022, § 29)

The part of the drainage facility situated within the parcel, in addition to complying with the requirements stated under section 561-334:

(1)

Shall drain each and every part of the parcel.

(2)

Shall be sufficient to accept:

a.

The water runoff from the parcel after development; and

b.

The present water runoff from all areas upstream.

(3)

May include improvements such as retention-detention systems in the instance where the condition of the land makes use of such improvements feasible and appropriate.

(Code 1975, § 10½-124; G.O. 16, 2022, § 30)

As to drainage facilities located downstream and beyond the boundary of the parcel, the drainage system within the parcel shall be designed such that there will be no increase in peak discharge or runoff rates as a result of the development unless such downstream facilities located beyond the limits of the parcel are sufficient to accept:

(1)

The water runoff from the parcel after development; plus

(2)

The present water runoff from all areas upstream; plus

(3)

The present water runoff of those areas through which the drainage facility passes.

(Code 1975, § 10½-125; G.O. 16, 2022, § 31)

At least one (1) opening shall be provided for each watershed at the upstream edge of the parcel to accept upstream drainage.

(Code 1975, § 10½-126)

(a)

The drainage facility shall be such that all structures are free from a one-hundred-year flood.

(b)

This section shall not apply to a nonconforming use, a detached accessory structure or an attached nonhabitable structure as defined in the flood control districts zoning ordinance of Marion County.

(Code 1975, § 10½-127)

The drainage facility shall direct stormwater away from structures.

(Code 1975, § 10½-128)

Land alterations shall be accomplished so as to prevent damage to adjoining property.

(Code 1975, § 10½-129)

The maximum vertical fall of earth on the parcel shall be six (6) inches per foot (two (2) horizontal to one (1) vertical). Slopes of all other materials shall be at the safe angle of repose for the materials encountered.

(Code 1975, § 10½-130; G.O. 16, 2022, § 32)

Land alteration shall be accomplished in such a way that the grades left at the time that the work is completed will be permanent and stable. Vegetable materials may be buried in the ground only if placement will clearly not interfere with the stability of fill areas and not cause settlement or erosion.

(Code 1975, § 10½-131)

Subsurface drainage sufficient to intercept seepage that would:

(1)

Affect earth slope stability or stability of the building foundation; or

(2)

Create undesirable wetness;

shall be provided in areas having a high water table.

(Code 1975, § 10½-132)

Land alteration accomplished in conjunction with the construction, enlargement or location, on a permanent foundation, in a nonimpacted area, of a one-family dwelling, two-family dwelling or accessory structure appurtenant to either a one- or two-family dwelling with less than one-half (½) of an acre of soil disturbance shall be in accordance with standards found in this division and in accordance with regulations adopted by the board of public works pursuant to this chapter.

(Code 1975, § 10½-150; G.O. 15, 2001, § 65; G.O. 16, 2022, § 33)

As an alternative to complying with those standards and regulations referred to in section 561-351, the land alteration may be accomplished in accordance with the standards set forth in Division 3 of Article III and regulations adopted by the board of public works pertinent to such standards. If a land alteration is carried out in accordance with standards found in Article III and regulations pertinent to such standards, then the requirements of section 561-224 shall be followed in submitting a drainage plan to the division of construction and business services for its review.

(Code 1975, § 10½-151; G.O. 15, 2001, § 65; G.O. 63, 2009, § 49; G.O. 41, 2016, § 2)

Land alteration shall be carried out in conformity with covenants executed in connection with rezoning cases, commitments, variance conditions, plat restrictions, building code standards of chapter 536 and in conformity with applicable local, state and federal laws regulations.

(Code 1975, § 10½-152; G.O. 16, 2022, § 34)

All final grades shall slope away from building foundations as follows:

(1)

Around each permanent building foundation there shall be a slope with a minimum vertical fall of six (6) inches for the area measured from the foundation to a point ten (10) feet from the building foundation or to the property line, whichever is closer; and

(2)

Thereafter a slope with a minimum vertical fall of one-fourth (¼) inch per foot (two (2) percent) for pervious surfaces and a slope with a minimum vertical fall of one-sixteenth ( 1/16 ) inch per foot (one-half (½) percent) for concrete, asphalt or other impervious surfaces for the area from the perimeter of the area subject to paragraph (1) above to a point one hundred (100) feet from the building foundation or into a drainage facility or to the property line, whichever is closer.

(Code 1975, § 10½-153)

The land alteration shall be accomplished in such manner that water drains off each part of the parcel to a point or points having capacity to receive such water. For areas beyond the one-hundred-foot requirement imposed under section 561-354, the slope shall have a vertical fall of at least one-sixteenth ( 1/16 ) inch per foot (one-half (½) percent) into a drainage channel or swale.

(Code 1975, § 10½-154)

(a)

The drainage facility shall be such that all structures are free from a one-hundred-year flood.

(b)

This section shall not apply to a nonconforming use, a detached accessory structure or an attached nonhabitable structure as defined in the flood control districts zoning ordinance of Marion County.

(Code 1975, § 10½-155)

The drainage facility shall accommodate upstream stormwater at any point or points entering the site.

(Code 1975, § 10½-156)

Design and construction of the drainage facility shall provide for the discharge of stormwater off-site at a point or points having capacity to receive upstream and on-site drainage.

(Code 1975, § 10½-157)

Design and construction of the drainage facility shall be such that it will be durable and easy to maintain.

(Code 1975, § 10½-158)

Land alterations shall be accomplished so as to prevent damage to adjoining property.

(Code 1975, § 10½-159)

The maximum vertical fall of earth on the parcel shall be six (6) inches per foot (fifty (50) percent). Slopes of all materials shall be at the safe angle of repose for the materials encountered.

(Code 1975, § 10½-160; G.O. 16, 2022, § 35)

Land alteration shall be accomplished in such a way that the grades left at the time that the work is completed will be permanent and stable. Vegetation may be buried in the ground only if placement will clearly not interfere with the stability of fill areas and not cause settlement or erosion.

(Code 1975, § 10½-161; G.O. 16, 2022, § 36)

Subsurface drainage sufficient to intercept seepage that would:

(1)

Affect earth slope stability or stability of building foundations; or

(2)

Create undesirable wetness;

shall be provided in areas having a high water table.

(Code 1975, § 10½-162)

No excavations or fills shall block or otherwise impede the free drainage of surface water.

(Code 1975, § 10½-163; G.O. 16, 2022, § 37)

Land alterations shall be accomplished in accordance with standards found in this Division 5 and in accordance with regulations adopted by the board of public works which are pertinent to these standards.

(Code 1975, § 10½-180; G.O. 15, 2001, § 66)

Land alteration which strips the land of vegetation and other land stabilizing materials, including regrading, shall be done in a way that will minimize erosion. Whenever feasible, natural vegetation shall be retained, protected and supplemented. Cut and fill operations shall be kept to a minimum to ensure conformity with existing topography so as to create the least potential erosion.

(Code 1975, § 10½-181; G.O. 16, 2022, § 38)

The duration of time which an area remains exposed shall be kept to a practical minimum. The area shall be stabilized as quickly as practical. Areas with exposed soil shall be temporarily or permanently stabilized. Stabilization shall be initiated by the end of the seventh (7 ^th ) day the area was left idle. Stabilization must be completed within fourteen (14) days after initiation.

(Code 1975, § 10½-182; G.O. 16, 2022, § 39; G.O. 33, 2023, § 8)

Temporary vegetation, mulching, or other erosion controls shall be used to protect exposed areas during development. Exposed areas inactive for fifteen (15) days or longer shall be temporarily stabilized with vegetation, mulch or other erosion control.

(Code 1975, § 10½-183; G.O. 16, 2022, § 40)

Permanent and final vegetation or structural erosion control devices shall be installed as soon as practical under the circumstances but not less than seven (7) days after achieving finish grade.

(Code 1975, § 10½-184; G.O. 16, 2022, § 41)

Sediment in runoff water shall be trapped by the use of methods such as, but not limited to, debris basins, sediment basins, inlet protection, silt fence and silt traps until the disturbed area is stabilized.

(Code 1975, § 10½-185; G.O. 16, 2022, § 42)

Projects subject to the provisions of the National Pollution Discharge Elimination System (NPDES) Construction Stormwater General Permit shall comply with all applicable permit requirements.

(G.O. 16, 2022, § 43; G.O. 33, 2023, § 9)