DRAINAGE PERMITS

Indianapolis-Marion County Revised Code tit. III, ch. 561, art. II, div. 2

in effect

Indianapolis-Marion County Revised Code § 561-221 When drainage permits required; enforcement; exceptions.

Sec. 561-221. - When drainage permits required; enforcement; exceptions. (a) Except for activity specified in subsection (c), it shall be unlawful for a person, partnership or corporation to undertake or accomplish any land alteration without having in force a written drainage permit obtained from the division of construction and business services. A violation of this section is subject to the enforcement procedures and penalties provided in section 103-3 of this Code; provided, however, the fine imposed for such violation shall not be less than one hundred dollars ($100.00), and each day that an offense continues shall constitute a separate violation. The controller shall cause any fines collected under this section to be deposited into an account for the use and benefit of the department of business and neighborhood services. (b) Soil disturbance on a levee, dam or within a levee or dam easement shall not be exempt from drainage permitting. (c) The permit specified in subsection (a) shall not be required for: (1) Excavation of cemetery graves; (2) Refuse disposal sites where storm drainage is controlled by other regulations; (3) Excavation for wells, excavation and backfills for poles, conduits, and wires of utility companies which result in land alteration one thousand (1,000) square feet or less; (4) Exploratory excavations or soil testing under the direction and control of professional engineers, soil engineers, geologists, civil engineers, architects or land surveyors, that are backfilled; (5) Ordinary cultivation of agricultural land including tilling and crop irrigation which does not result in a change in stormwater discharge location, volume or velocity at the property border; (6) The planting and tilling of gardens, flower beds, shrubs, trees and other common uses and landscaping of land which result in land alteration of one thousand (1,000) square feet or less; (7) Fill and grading of: a) A former basement site, or b) An inground pool, after the demolition of a structure to conform the land to adjacent terrain pursuant to a wrecking permit obtained for that purpose; (8) Fill of holes of less than five hundred (500) square feet caused by erosion, settling of earth or the removal of such materials as dead trees, posts or concrete; (9) A fill less than one (1) foot in depth, and placed on natural terrain with a slope flatter than ten (10) percent, not intended to support structures, that does not exceed fifty (50) cubic yards per acre and does not obstruct or change drainage; (10) Maintenance of a drainage facility so that it will perform as it was designed and constructed which results in land alteration of one thousand (1,000) square feet or less; (11) Installation of a septic system pursuant to a permit obtained for that purpose; (12) Repair or reconstruction of an existing driveway, in kind, pursuant to a permit obtained for that purpose; (13) Installation of building sewers pursuant to a permit obtained for that purpose; (14) An enlargement or exterior change of two hundred (200) square feet or less to an existing structure when no part of the structure or the enlargement or exterior change to the structure is located in an impacted drainage area; (15) Placement of an accessory structure that is two hundred (200) square feet in size or less to a one- or two-family dwelling and is not located on a permanent foundation; (16) Exterior changes to a structure that do not change the ground floor area of the structure, unless the roof of the building is part of a stormwater retention-detention system; (17) Construction of a deck that extends over open ground at least eight (8) feet above grade or that is constructed so that water freely and directly flows through the deck to the ground below the deck; or (18) Public projects owned and administered by the engineering division of the department of public works. (d) The drainage permit must be obtained before any work is initiated, except for testing to determine procedures or materials. (Code 1975, § 10½-30; G.O. 168, 1999, § 12; G.O. 15, 2001, § 53; G.O. 3, 2002, § 9; G.O. 63, 2009, § 39; G.O. 41, 2016, § 2; G.O. 16, 2022, § 12; G.O. 33, 2023, § 2; G.O. 25, 2025, § 3)

Indianapolis-Marion County Revised Code § 561-222 Eligibility to obtain permit.

Sec. 561-222. - Eligibility to obtain permit. In order to obtain a drainage permit, a person, partnership or corporation must be the person, partnership or corporation that will be responsible for accomplishing the land alteration for which the drainage permit was issued. (Code 1975, § 10½-31)

Indianapolis-Marion County Revised Code § 561-223 Application; issuance.

Sec. 561-223. - Application; issuance. (a) Application for a drainage permit shall be made to the division of construction and business services. The application shall be completed online or in writing on a form prescribed by the division. (b) A drainage permit shall be issued if: (1) The person, partnership or corporation is eligible to apply for and obtain a drainage permit under section 561-222; (2) The application required by this section and supporting information required by either section 561-224 or section 561-225 have been properly prepared and submitted; (3) The drainage plan, together with supplemental information required by either section 561-224 or section 561-225 reflect compliance with drainage requirements; (4) If required by the administrator as assigned by the deputy director of the division, a bond has been posted pursuant to section 561-231; (5) If required by the administrator as assigned by the deputy director of the division, a covenant has been executed pursuant to section 561-232; (6) If required by the administrator as assigned by the deputy director of the division, an easement has been dedicated pursuant to section 561-233; (7) If required by the administrator as assigned by the deputy director of the division, a drainage facility operations and maintenance manual has been recorded pursuant to Section 561-234; and (8) The applicable fee, computed in accordance with Division 8 of Article II of this chapter, has been paid. (Code 1975, § 10½-32; G.O. 15, 2001, § 54; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2; G.O. 16, 2022, § 13; G.O. 33, 2023, § 3)

Indianapolis-Marion County Revised Code § 561-224 Professionally prepared and certified drainage plans.

Sec. 561-224. - Professionally prepared and certified drainage plans. (a) A drainage plan fulfilling the requirements of this section shall be submitted to the division of construction and business services for approval before a drainage permit can be obtained to accomplish a land alteration, unless the land alteration is such that a drainage permit can be obtained in accordance with section 561-225. The drainage plan must be submitted in a manner determined by the administrator as assigned by the deputy director of the division and shall indicate in a precise way the work to be accomplished pursuant to the drainage permit. A copy of the drainage plan will remain on file in the division. The following information must be submitted for approval: (1) Construction features. The drainage plan shall demonstrate and describe surface and subsurface drainage and include the following: a. Scale; arrow; contours and USGS benchmarks: The drainage plan shall be drawn to scale, preferably one (1) inch per fifty (50) feet, and an arrow indicating north shall appear on each page. Existing land contours shall be shown, with one-foot contours for land with a slope flatter than ten (10) percent, two-foot contours for slopes equal to or greater than ten (10) percent but flatter than twenty (20) percent, and five-foot contours for slopes equal to or greater than twenty (20) percent. A benchmark, which is easily accessible and relocatable, shall be shown. The benchmark may be assumed at the discretion of the administrator as assigned by the deputy director of the division if the area contains less than three (3) acres, but otherwise shall be determined by USGS datum. b. Location and vicinity map: A map that indicates the location and vicinity of the proposed land alteration shall be included in the drainage plan. c. Existing and proposed drainage facilities: The drainage plan shall show the locations of all existing and proposed drainage facilities. Storm drains, manholes and other structures shall be located in the plans by dimensions from traverse lines, property markers or road centerlines. Coordinates of manholes and bearings of storm drains shall be included and based either on the state's coordinate system or other acceptable horizontal and vertical datum. If applicable, the drainage plan should show the direction of flow, elevation of inverts, gradient and size of existing and proposed storm drains. The design calculations shall include the capacity of existing and proposed storm sewers. d. Plan and profile: The plan shall be shown at the upper portion of the drawing. The plan, generally, shall be drawn on a scale of one (1) inch equals fifty (50) feet. The plan shall show appropriate right-of-way and easement limits. The profile shall be shown under the plan and shall extend a sufficient distance downstream of the outlet to allow any pertinent information concerning the outfall channel to be shown. The storm drain and inlet profile shall generally be drawn on a scale of one (1) inch equals fifty (50) feet horizontal, one (1) inch equals five (5) feet vertical. Where a storm drain is located in an existing or proposed pavement or shoulder, the centerline grade of the road shall be shown. Where a storm drain is located outside pavement or shoulder, the existing ground over the storm drain with proposed grading shall be shown. If the storm drain is to be constructed on fill, the profile of the undisturbed earth, at drain location, shall be shown. (2) Design calculations. Design calculations are required as part of the drainage plan and shall specifically include: a. Estimation of stormwater runoff: 1. Drainage area map (scale one (1) inch equals 200 feet) indicating contours at two-foot intervals and limits of one-hundred-year floodplain, where applicable, as well as the watershed and sub-watershed boundaries with their respective areas labeled; 2. Weighted runoff coefficient computations; and 3. Time of concentration computation indicating overland flow time and flow time in the swale, gutter, pipe and/or channel. b. Close conduit and open channel design computations: 1. Size of pipe or channel cross section; 2. Pipe or channel inverts and slope in percent; 3. Roughness coefficient; 4. Flowing velocities in feet per second; and 5. Design capacity in cubic feet per second. c. Head loss computations in manholes and junction chambers. d. Inlet casting capacity computations. e. Hydraulic gradient computations, wherever applicable. f. Post-construction water quality calculations such as, but not limited to, design parameters. Such design calculations shall conform to the standards of Article III, Division 5 of this chapter and all regulations promulgated thereunder. (3) Construction water quality information. Adequate and appropriate construction stormwater quality controls including, but not limited to, erosion and sediment controls, dewatering filter, pollution prevention, concrete and cementitious washout containment, inlet protection, and other information as required by the National Pollutant Discharge Elimination System (NPDES Construction Stormwater General Permit administered by the State of Indiana, and regulations adopted by the board of public works pursuant to this chapter. (4) Existing features. Verification that existing water quality and quantity drainage facilities to remain anywhere on the parcel have been inspected and maintained to function as originally designed and permitted. (5) Contaminated soils. Inclusion of information regarding the presence, or lack thereof, of contaminated soils to be disturbed during construction and the impact from or to stormwater shall be included. Said information shall include the following: a. The applicant shall consider implications of stormwater on existing contaminated soils and address this concern in the design and Technical Information Report. b. The design shall provide measures to mitigate movement of contaminants off site and shall include the typical fate and transport of the contaminants present. (6) Additional information. The administrator as assigned by the deputy director of the division shall be empowered to require such additional information to be included in a drainage plan that is necessary to evaluate and determine the adequacy of the proposed drainage facility. (7) Certification required. All drainage plans submitted under this section must be certified by a registered professional engineer, land surveyor or architect engaged in storm drainage design under whose supervision the plans were prepared. The certificate shall be in a form prescribed by the division. (b) The approval of a drainage plan by the division under this section shall be valid for a period of one (1) year from the date such approval was granted, or until the drainage permit for which the plan was submitted is issued, whichever occurs first. However, prior to the issuance of the permit, if there are any material changes to an approved drainage plan or circumstances that cause the drainage plan to be inaccurate or incomplete, then a new or corrected drainage plan shall be submitted to and approved by the division as a precondition for obtaining a drainage permit. All conditions of the approval of a drainage plan shall be met prior to issuance of a permit. The administrator as assigned by the deputy director of the division of construction and business services may, for good cause shown in writing, extend the validity of the drainage plan approval for an additional period that is reasonable under the circumstances. (Code 1975, § 10½-33; G.O. 168, 1999, § 14; G.O. 15, 2001, § 54; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2; G.O. 16, 2022, § 14; G.O. 33, 2023, § 4)

Indianapolis-Marion County Revised Code § 561-225 When professionally prepared and certified drainage plan not required.

Sec. 561-225. - When professionally prepared and certified drainage plan not required. (a) A drainage plan that does not contain as much information as drainage plans prepared to fulfill the requirements of section 561-224 and that is not prepared or certified by a registered professional engineer, land surveyor or architect engaged in storm drainage design may be submitted when: (1) No part of the parcel or property for which the drainage permit is required is in an impacted drainage area; (2) The primary basis on which a drainage permit is required is the construction, enlargement or location, on a permanent foundation, of a one-family dwelling, two-family dwelling or accessory structure appurtenant to either a one- or two-family dwelling; (3) The project results in less than one-half (½) of an acre of land disturbance; and (4) The project does not alter drainage patterns at the property boundaries. (b) The drainage plan must be submitted in a manner determined by the administrator as assigned by the deputy director of the division and shall indicate the nature and location of all work to be accomplished pursuant to a drainage permit. The drainage plan must be neat, accurate and readable. A copy of the drainage plan will remain on file in the division of construction and business services. The following information must be submitted for approval under this section: (1) The legal description and the street address for the property; (2) The dimensions and borders of the parcel; (3) The name and address of the owner; (4) An arrow indicating north; (5) Location of all existing and proposed improvements, structures and paved areas on the site; (6) Existing and proposed grading showing positive drainage by contouring or sufficient spot elevations; (7) Location of all existing or proposed swales, ditches, culverts, drainage channels, surface and subsurface drainage devices and the direction of the flow; and (8) Adequate and appropriate stormwater quality controls including, but not limited to, erosion and sediment controls, dewatering filter, concrete and cementitious washout containment, pollution prevention, inlet protection and other information as required by regulations adopted by the board of public works pursuant to this chapter. The drainage plan shall include information necessary to demonstrate conformity with all drainage requirements of article III of this chapter. The plot map shall illustrate the surface drainage pattern of the site away from structures and the final distribution of surface water off-site, either preventing or planning for surface ponding. (c) The approval of a drainage plan by the division under this section shall be valid for a period of one (1) year from the date such approval was granted, or until the drainage permit for which the plan was submitted is issued, whichever occurs first. However, prior to the issuance of the permit, if there are any material changes to an approved drainage plan or circumstances that cause the drainage plan to be inaccurate or incomplete, then a new or corrected drainage plan shall be submitted to and approved by the division as a precondition for obtaining a drainage permit. All conditions of the approval of a drainage plan shall be met prior to issuance of a permit. The administrator as assigned by the deputy director of the division of construction and business services may, for good cause shown in writing, extend the validity of the drainage plan approval for an additional period that is reasonable under the circumstances. (d) Notwithstanding other provisions of this section, submission of a drainage plan shall not be required as a precondition for obtaining a drainage permit in the instance of a one- or two-family dwelling constructed in a subdivision for which a plat has been approved in accordance with chapter 741, article I of this Code, and for which a drainage plan meeting the requirements of section 561-224 has been approved and a permit issued under this chapter, so long as the permit applicant certifies that the land alteration shall be accomplished in compliance with the specifications and information found on the approved plat and on such drainage plan. Any deviations from the drainage provisions as approved in the plat and drainage plan for the subject plot must be submitted to the division for approval by the administrator of the division, and the administrator may require the submission of plans or other information relative to the deviation that may be required as a precondition to approval. (e) Notwithstanding other provisions of this section, submission of a drainage plan shall not be required as a precondition for obtaining a drainage permit in the instance of residential alterations which do not exceed four hundred (400) square feet and does not connect to the city storm sewer system. The administrator as assigned by the deputy director of the division of construction and business services may require the submission of plans or other information relative to the development as a precondition for issuance of a permit. (Code 1975, § 10½-34; G.O. 168, 1999, § 14; G.O. 15, 2001, § 54; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2; G.O. 16, 2022, § 15; G.O. 33, 2023, § 5)

Indianapolis-Marion County Revised Code § 561-226 Expiration of permit by operation of law; extensions.

Sec. 561-226. - Expiration of permit by operation of law; extensions. A drainage permit shall expire one (1) year from the date of its issuance. The administrator as assigned by the deputy director of the division of construction and business services may, for good cause, shown in writing, extend the validity of the permit for an additional period that is reasonable under the circumstances to allow commencement or completion of the land alteration days. An extension under this section may be granted upon the payment of the applicable fee as computed in accordance with division 8 of article II of this chapter and shall be confirmed in writing. (Code 1975, § 10½-35; G.O. 168, 1999, § 14; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2; G.O. 16, 2022, § 16)

Indianapolis-Marion County Revised Code § 561-227 Notice of change in permit information; amendment of permits and plans.

Sec. 561-227. - Notice of change in permit information; amendment of permits and plans. (a) After a permit has been issued, the permittee shall give prompt written notice to the administrator and/or designee, as assigned by the deputy director of the division of construction and business services of any addition to or change in the information contained in the permit application. (b) After a permit has been issued, deviations from the approved site development plans and/or specifications as listed below shall be considered an amendment subject to approval by the administrator and/or designee as assigned by the deputy director of the division. Prior to the time land alteration involving the change occurs, the permittee shall file with the administrator a written request for amendment, including a detailed statement of the requested change and the submission of any amended plans. (1) Pipe size changes. (2) Pipe grade changes that will affect the hydraulic capacity of the drainage facilities. (3) Drainage facility horizontal alignment changes greater than five (5) feet. Where the proposed drainage facility has been required to be constructed within a right-of-way or stormwater easement, horizontal changes that place the drainage facility outside of the limits of the right-of-way or stormwater easement area will not be accepted by the division. Storm drains constructed on privately owned property, outside of public rights-of-way or stormwater easements, may vary more than five (5) feet in the horizontal alignment, provided the hydraulic performance of the facility has not been altered, and no other portion of the approved construction plans has been changed. All stormwater quality and quantity best management practices shall continue to be entirely within an easement. (4) Construction materials and installation that are not in conformance with the requirement of the Stormwater Design and Construction Specifications Manual. (5) Changes in grade and/or land cover of the site that will affect the stormwater direction, velocity, amount, or concentration. (6) Changes to stormwater quality and/or quantity best management practices. (c) The administrator as assigned by the deputy director of the division shall give the permittee written notice that the request for amendment has been approved or denied, and if approved, copies of the amended application or plans shall be attached to the original application or plans. (d) The administrator as assigned by the deputy director of the division may approve an amendment to a permit or approved plans under this section upon the payment of the applicable fee as computed in accordance with Division 8 of Article II of this chapter. Reinspection fees or other fees that are occasioned by the amendment shall be assessed and paid in the same manner as for original permits or plans. (Code 1975, § 10½-36; G.O. 168, 1999, § 14; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2; G.O. 25, 2025, § 4)

Indianapolis-Marion County Revised Code § 561-228 Determination of impacted drainage areas.

Sec. 561-228. - Determination of impacted drainage areas. (a) The board of public works is authorized, but is not required, to classify certain geographical areas as impacted drainage areas and to enact and promulgate regulations for land alteration in impacted drainage areas, in addition to regulations that are applicable generally. Such classifications and regulations may be later modified or rescinded by the board of public works. (b) Action of the board of public works to classify or declassify any area as an impacted drainage area, or to promulgate, repeal or modify any regulation in regard thereto, shall be in compliance with the requirements of Article III, Division 2 of this chapter, regarding promulgation, repeal and modification of regulations generally. (c) In determining impacted drainage areas, the board of public works shall consider such factors as topography, soil type and distance from adequate drainage facilities. The following areas shall be designated as impacted drainage areas, unless good reason for not including them is presented to the board of public works: (1) A floodway or floodplain designated by the metropolitan development commission in the zoning ordinance of Marion County, Indiana; (2) Land within seventy-five (75) feet of each bank of any legal drain; (3) Land within fifty (50) feet of each bank of a natural drainageway, including a river, stream, gully, ditch or other definite natural watercourse; and (4) Land where there is not an adequate outlet, taking into consideration the capacity of depth of the outlet. (d) A map identifying impacted drainage areas shall be retained in the office of the division of construction and business services and shall be made conveniently available to members of the public during regular business hours. (Code 1975, § 10½-37; G.O. 15, 2001, § 55; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 561-229 Transfer of permit.

Sec. 561-229. - Transfer of permit. (a) A drainage permit may be transferred with the approval of the administrator as assigned by the deputy director of the division of construction and business services to a person, partnership or corporation that would be eligible under section 561-222 to obtain such drainage permit in the first instance (hereinafter called "transferee"), after both the payment of a fee as computed in accordance with Division 8 of this article and the execution and filing of a form furnished by the division. Such transfer form shall contain, in substance, the following certifications, release and agreement: (1) The person who obtained the original drainage permit or a person who is employed by and authorized to act for the obtainer (hereinafter called "transferor") shall: a. Certify under penalties for perjury that such person is familiar with land alteration activity accomplished pursuant to the drainage permit; such person is familiar with the drainage requirements applicable to the land alteration activity; and to the best of such person's knowledge, information and belief the land alteration activity, to the extent performed, is in conformity with all drainage requirements; and b. Sign a statement releasing all rights and privileges secured under the drainage permit to the transferee. (2) The transferee shall: a. Certify that the transferee is familiar with the information contained in the original drainage permit application, the drainage plan, and any other documents filed in support of the application for the original drainage permit; b. Certify that the transferee is familiar with the present condition of the premises on which land alteration activity is to be accomplished pursuant to the drainage permit; and c. Agree to adopt and be bound by the information contained in the original application for the drainage permit, the drainage plan, and other documents supporting the original drainage permit application; or in the alternative, agree to be bound by such application, plan and documents as modified by an amendment submitted to the administrator as assigned by the deputy director of the division of construction and business services for approval. (b) The transferee shall assume the responsibilities and obligations of and shall comply with the same procedures required of the transferor (including, but not being limited to, the requirement of section 561-241 that a certificate of completion and compliance be executed and filed) and shall be subject to any written orders issued by the administrator as assigned by the deputy director of the division of construction and business services. (c) A permit for land alteration activity at a specified location may not be transferred to land alteration activity at another location. (G.O. 168, 1999, § 15; G.O. 15, 2001, § 55; G.O. 3, 2002, § 10; G.O. 63, 2009, § 40; G.O. 41, 2016, § 2)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH561DRSECO_ARTIIADEN_DIV2DRPEFetched: 10/27/2026