What to Expect

Like any other permit-by-rule, when an applicant submits a Notice of Intent (NOI) for Rule 5, they are certifying that they will comply with all the terms and conditions specified in the rule.

Construction Plan

As mentioned, the project site owner should plan to submit their Construction Plan, which should include a completed Storm Water Pollution Prevention Plan, at least 30 days before they expect to begin construction. Since the Construction Plan could require modification, it would be best to submit it even earlier.

Compliance Evaluations

The Indiana Department of Natural Resources (DNR) Division of Soil Conservation staff, or their designated agents, conduct all compliance evaluations of project sites. They are authorized to inspect project sites at any reasonable time. The project site owner should be prepared to provide Construction Plans (including Storm Water Pollution Prevention Plans) and self-monitoring reports within 48 hours of an inspector request.


Rule 5 Construction Storm Water Run-off Permits must be renewed after 5 years. This 5 year period begins when construction start-up actually begins on the permitted site. Renewal requires the submittal of a new NOI 90 days prior to the expiration of the existing permit. Rule 5 permits are not transferable per 327 IAC 15-2-8(b).