Regulation of construction stormwater; exception

Sec. 14. (a) As used in this section, "land disturbing activity" means any manmade change of the land surface, including: (1) removing vegetative cover that exposes the underlying soil; (2) excavating; (3) filling; and (4) grading. (b) Except as provided in subsection (d), a unit does not have the power to adopt: (1) a law; (2) a rule; (3) an ordinance; or (4) a regulation; that is more stringent than or exceeds in any manner the requirements of the department of environmental management's construction stormwater general permit, including financial assurances and any post-construction drainage reports. (c) If a law, rule, ordinance, or regulation violates subsection (b): (1) the law, rule, ordinance, or regulation is void; and (2) the unit in violation of subsection (b) shall continue to discharge its duties under the department of environmental management's construction stormwater general permit program, if any. (d) If a land disturbing activity would result in the disturbance of less than one (1) acre of total land area and is not part of a larger common plan of development or sale, a unit or the department of environmental management may take the following actions: (1) If a person conducting a land disturbing activity fails to control sediment or dust from leaving the site, issue a written warning to the person with respect to the sediment or dust. (2) If a written warning has been issued as described in subdivision (1) and corrective action has not been initiated within forty-eight (48) hours of receiving the written warning, issue a stop work order for the site. As added by P.L.150-2025, SEC.1.