Developers, contractors and land owners:
Has the Notice of Intent expired on your site?

If a project is still under development, but the Notice of Intent (NOI) has expired, the site could face Notice of Violations and/or fines.The NOI expires after a period of five years and should be renewed through the Indiana Department of Environmental Management. Go to and choose Rule 5: Notice of Intent (NOI) – 47487. Once you have the document, mark the renewal box at the top (The amendment box is marked in the case of a parcel of land already permitted that has changed ownership or responsibility. Please contact our office for more details concerning this type of change). The remaining information should be filled in using the original NOI and its information.A current NOI must be posted in a readily accessible location on site in order for a site to be compliant with regulations.
Should you have any questions please contact our office at 812-256-2330, ext. 3462.


Indiana’s efforts to clean up the waters in the State have been going on for quite some time. Beginning with the Stream Pollution Control Law of 1943, followed by the Clean Water Act of 1972, limits have been placed on the amount of pollutants that may be discharged into the waters of the State. These limits are set at levels protective of both the aquatic life in the waters which receive the discharge, and protective of human health.
In 1990, rules got a stricter, and the EPA set up a basic stormwater control program for states to adopt, known as the National Pollutant Discharge Elimination System (NPDES) Permit Program. “Phase I” of this program regulated:

  • Construction activities that disturbed 5 or more acres.
  • Industrial activities depending on their pollutant potential
  • Municipal activities serving over 100,000 people

By 1999, the EPA was ready to implement “Phase II” of the NPDES program, and it published new regulations that covered:

  • Construction activities disturbing one (1) or more acres of land area.
  • Incentives for facilities to protect their operations from stormwater exposure.
  • Municipalities with less than 100,000 people.

Anticipated benefits to communities from the NPDES program would be:

  • Improved water quality
  • Safer waters for boating, swimming and fishing.
  • Reduced local drinking water treatment costs.
  • Fewer recreational beach closures.
  • more desirable environment in which to live.
What’s happening in Indiana as a result of Phase II?

Indiana established a Municipal Separate Storm Sewer System Program (MS4 Program), based on Phase II of the EPA’s NPDES stormwater regulations. Under this program, communities are required to apply for and obtain a NPDES permit. The permit requires them to develop a stormwater management plan and to implement best management practices (stormwater pollution prevention measures).
The MS4 regulations apply to any entity that discharges into the waters of Indiana and that owns and/or operates a stormwater conveyance (i.e., municipal streets, catch basins, curbs, ditches, storm drains) that is separate and not connected to a publicly owned treatment works or part of a combined sewer system. This covers not only cities and towns, but also public entities such as universities, military bases, and departments of transportation.

What’s happening in Clark County?

The municipalities of Jeffersonville, Sellersburg, Clarksville, and Charlestown all fall under the new Phase II and MS4 regulations, as does Clark County itself (outside those areas). In order to comply with program requirements, these communities will be:

  • Increasing public awareness of stormwater pollution.
  • Eliminating illegal connections and discharges to storm sewer systems.
  • Increasing sediment controls at construction sites.
  • Requiring controls in new development to remove pollutants from stormwater.
  • Improving pollution prevention from community facilities, such as maintenance garages, equipment areas, and work areas.

Details of the Phase II regulations can be found on the Indiana Department of Environmental Management (IDEM) – Office of Water Quality web site:

Storm Water General Permit Rule 13 – Storm Water Runoff Associated with MS4 Conveyances

Storm Water General Permit Rule 5 – Storm Water Runoff Associated with Land Disturbing Activity Urban Wet Weather Programs for Storm Water

Indiana Stormwater Quality Manual – The Indiana Storm Water Quality Manual provides guidelines and specific storm water quality measures for controlling soil erosion; controlling and treating the nonpoint source pollution associated with sediment-laden runoff; and the management and treatment of pollutants associated with post-construction land uses.

Indiana Waterways Permitting Handbook

Does Your Construction Site Need a Stormwater Permit?

Use IDEM’s Permit Wizard to help you:

  • Determine licensing, permitting and regulatory requirements;
  • Obtain necessary application forms;
  • Identify who to contact with questions regarding environmental regulatory requirements;
  • Provide Web links to additional guidance, fact sheets, and pages in the IDEM Permit Guide.

Using a series of question-and-answer pages, the Wizard provides customized information to help you obtain the environmental permits necessary to start and operate your Indiana-based business.