“As of December 18, 2021, Indiana no longer administers the construction stormwater program under Indiana Administrative Code (327 IAC 15-5 or Rule 5).  Permitting coverage is now issued under the Construction Stormwater General Permit (CSGP). The CSGP is a performance-based regulation designed to reduce pollutants that are associated with construction and/or land-disturbing activities.”

Compliance Process for MS4 Communities within Elkhart County*

Submit a Storm Water Pollution Prevention Plan (SWPPP) to the Elkhart County SWCD that includes:

    • SWPPP Checklist– requirements for the SWPPP, all these items must be adequately addressed for plan approval.
    • The SWCD is only accepting digital copies of plans. Please send them to latkins@elkhartcounty.com. For more information on this change please see THIS DOCUMENT.
      • This will only apply to the plans themselves, as we will still require the following items as hard copies.
        • Greater Elkhart County Stormwater Partnership Clearance Application– with wet ink signature and full payment for area of disturbance (check only)
        • All subsequent Greater Elkhart County Stormwater Partnership Clearance Renewals – with wet ink signature and full payment of $100 for each year the project remains open.
        • The Post Construction Stormwater Maintenance Agreement – Original Copies (this only applies if you are not submitting PCSMA documents directly to the City of Goshen (Jason Kauffman), City of Elkhart (Joe Foy), or Elkhart County MS4 (John Heiliger). Please consult with each municipality on how they would like to receive post construction (C portion of SWPPP), if you have not already.
    • For more information on what to include in a SWPPP please see the IDEM Construction Site Stormwater Guidance document.
      • For a more in depth look at the changes that have been made to the A and B portion of the SWPPP submittal process, The Greater Elkhart County Stormwater Partnership and the SWCD offered a 1 hour virtual training session that can be viewed HERE.
  • Post-Construction Plan- see section below
  • Stormwater Clearance Application
    • Stormwater Clearance Application– must be submitted to the SWCD along with the filing fee and SWPPP
  • Filing Fee
    • $100 per disturbed acre to the Elkhart County SWCD office. (All checks should be made to “Elkhart County Treasurer.”)  Note that partial acres are always rounded up. For example, if the project disturbs 2.1 acres, the filing fee is $300.

The Elkhart County SWCD has 10 business days from the time the SWPPP, signed application, and payment have been received to review the plan and either accept or ask for revisions. Plans will be reviewed in the order that they are received

Submit a Post-Construction plan to the correct jurisdiction (Elkhart, Goshen, or Elkhart County).

  • Projects in Nappanee and projects owned by one of the Partners (Elkhart City, Goshen, Bristol, or Elkhart County) should submit the Post-Construction plan to the SWCD.
  • The SWPPP cannot be approved until the Post-Construction plan and Post-Construction Stormwater Maintenance Agreement (PCSMA) are accepted and approved by the appropriate jurisdiction.
  • Also, there may be local fees along with this submittal. Check with the correct jurisdiction in which the project is located.
  • If you are unsure of which jurisdiction the project is located, please contact the SWCD office.

When the SWPPP has been accepted, a Notice of Intent (NOI) must be submitted to IDEM including

Construction may start 48 hours after the submittal of the NOI to IDEM


To file the NOI it must go through the Regulatory ePortal on IDEM’s website.

  • For guidance on how to use the Regulatory ePortal please click HERE.
  • For guidance on completing the NOI form please click HERE

Stormwater Erosion Control Inspections must be done at a minimum once per week and 24 hours before or after every 1/2 inch rain event not to exceed three inspections in one week.

Inspections are done through PermiTrack. You can find more information HERE.

If for some reason you cannot do an inspection digitally, you can print and submit the Self Inspection report.

The Elkhart County SWCD offers 90 minute training sessions for contractors covering PermiTrack, IDEM permitting, jobsite erosion control Best Management Practices (BMP). For more information CLICK HERE.

For a digital copy of the Elkhart County Stormwater Technical Field Guide CLICK HERE

Stormwater Clearance Renewal for Elkhart County

  • The initial Stormwater Clearance expires on December 31 of the second year.
    • For example, if an application is submitted any time in 2021, it will expire on Dec. 31, 2022.
  • Renewals are due by January 31 every year until the project is completed.
  • The renewal filing fee is $100 and is due to the Elkhart County SWCD each year until the site is closed.
    • Please make checks payable to Elkhart County Treasurer.
  • You can find the renewal form at: Stormwater Clearance Renewal Application.

NOI Renewal for IDEM

Submit a NOI renewal and filing fee to IDEM every 5 years.

You can find more information by viewing the Construction Stormwater General Permit NOI Renewal.

When all construction is finished, the site is stabilized, and all temporary practices have been removed SWCD must be informed that a final inspection is needed before a Notice of Termination can be submitted. You can do that by emailing tclark@elkhartcounty.com or calling 574-523-2032 or by filling out the form below.

  • The SWCD will conduct a final site inspection and either approve or deny the Notice of Termination (NOT).
    • If approved, the SWCD will provide a copy of the final inspection that is needed when submitting to IDEM for a NOT.
    • If denied, the SWCD will inform the site owner of what is needed for the NOT to be approved.
  • The site owner is responsible for following the SWPPP and keeping the clearance renewed until the NOT is approved.
  • IDEM’s Notice of Termination (NOT) must be filled out using the Regulatory ePortal.
  • Each jurisdiction has different requirements for NOT, please consult the jurisdiction in which the project resides for additional requirements.

Once the final inspection is performed and meets the requirements for termination, you can submit a Notice of Termination (NOT) to IDEM.

*Elkhart County, City Goshen, City Elkhart

The MS4 ordinances in Elkhart, Goshen, and Elkhart County have the same requirements for construction as the state’s Construction Stormwater General Permit, but allow for local enforcement and collection of a filing fee. The Elkhart County ordinance covers the towns of Bristol, Middlebury, Millersburg, and Wakarusa, because development in those towns goes through the county planning department. The three ordinances (Cities of Elkhart and Goshen, and Elkhart County) cover all parts of the county except Nappanee.


Construction in Nappanee is covered under the state’s Construction Stormwater General Permit, which means all the requirements apply, but there is no local filing fee or enforcement authority.  If you are planning a development in Nappanee that will involve land disturbance of one acre or more, visit their website and contact the Elkhart County Soil and Water Conservation District. 

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