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Indiana law now requires erosion control practices on construction projects disturbing one (1) acre of land. The law is called "Rule 5" (327 IAC 15-5-5) and was developed by the Indiana Department of Environmental Management to meet federal Environmental Protection Agency requirements.

The information in the following list is to assist you in complying with the latest filing requirements of Rule 5:

1. Quick Reference Guide - This document was prepared by the SWCD to help identify projects that are required to comply with Rule 5 and also outline the filing requirements and filing sequence.

2. Finding Rule 5 Information on IDEM's Website - If you should have additional questions this address will take you directly to the source.

3. Submittal Form - This form is designed to provide the Madison SWCD with the correct contact information for all aspects of the project. It should be completed and submitted with the Erosion Control Plan along with the appropriate fee.

4. Fee Schedule - This document will help in determining the fee you will need to submit to the Madison SWCD at the time you submit your Erosion Control Plan. This fee is separate from IDEM's permit filing fee.

5. Notice of Intent - This is the document that should be completed and filed with IDEM. In addition to IDEM's filing fee also be sure to include the additional documentation required.

6. Proof of Publication - This is suggested wording to be used in the newspaper to meet the requirement for public notification.

7. Technical Review and Comment Form - This is a copy of the form used to review a Rule 5 plan. It is provided to help you better understand the exact requirements of what needs to be included in a plan. There is nothing that you need to fill out and return.

8. Guidance on each of the 23 Basic Elements - This information has been provided by IDEM to explain the requirements of each of the 23 basic elements required in a Rule 5 plan.

9. Notice of Termination - Required by Rule 5, it is to be completed when the project is finished and all disturbed areas have been stabilized. Until IDEM receives and verifies this form the project is considered active and subject to continued inspections for compliance with Rule 5.

If you have questions, contact the SWCD.

Other info:
Inspection Log - Rule 5 requires each construction site to conduct self inspections and maintain a copy of these inspections onsite. These inspections need to be conducted:

  1. by a trained individual
  2. by the end of the next business day following each measurable storm event
  3. a minimum of once per week

By complying with Rule 5, you will need to seed the development site to prevent off-site sedimentation. So, our No-Till Drill would be a good tool to rent.


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