2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-16. Time Limit for Review Authority's Preliminary Determination of Whether Construction Plan Is Substantially Complete

Sec. 16. (a) A review authority to which a construction plan is submitted must make a preliminary determination whether the construction plan is substantially complete before the end of:
(1) the tenth working day after the day on which the construction plan is submitted to the review authority, in the case of a small or very small construction activity site; or
(2) the fourteenth working day after the day on which the construction plan is submitted to the review authority, in the case of a large construction activity site.
(b) If a review authority to which a construction plan is submitted under subsection (a):
(1) makes a preliminary determination that the construction plan is substantially complete; and
(2) notifies the project site owner of its favorable preliminary determination;
before the end of the tenth working day after the day on which the construction plan is submitted to the review authority, in the case of a small or very small construction activity site, or the fourteenth working day after the day on which the construction plan is submitted to the review authority, in the case of a large construction activity site, the project site owner may submit a notice of intent letter including the information required by 327 IAC 15-5-5 or the general permit and, forty-eight (48) hours after submission of the notice of intent letter, may begin the construction project, including the land disturbing activities of the construction project.
(c) If a review authority to which a construction plan for a small or very small construction activity site or a large construction activity site is submitted under subsection (a) does not notify the project site owner before the end of the tenth working day after the day on which the construction plan is submitted to the review authority, in the case of a small or very small construction activity site, or the fourteenth working day after the day on which the construction plan is submitted to the review authority, in the case of a large construction activity site, of its preliminary determination as to whether the construction plan is substantially complete, the project site owner may submit a notice of intent letter including the information required by 327 IAC 15-5-5 or the general permit and, forty-eight (48) hours after submission of the notice of intent letter, may begin the construction project, including the land disturbing activities of the construction project.
(d) If a review authority to which a construction plan is submitted under subsection (a) notifies the project site owner before the end of the tenth working day after the day on which the construction plan is submitted to the review authority, in the case of a small or very small construction activity site, or the fourteenth working day after the day on which the construction plan is submitted to the review authority, in the case of a large construction activity site, of its preliminary determination that the construction plan is not substantially complete, the project site owner may not submit a notice of intent letter until the review authority makes a conclusive favorable determination concerning the construction plan under 327 IAC 15-5, the general permit, or the applicable ordinance of the MS4 community.
(e) If a review authority to which a construction plan is submitted under subsection (a):
(1) makes a preliminary determination that the construction plan is substantially complete; and
(2) makes a conclusive unfavorable determination concerning the construction plan under 327 IAC 15-5, the general permit, or the applicable ordinance of the MS4 community;
the land disturbing activities of the construction project must stop when the review authority notifies the project site owner of the review authority's conclusive unfavorable determination concerning the construction plan.
As added by P.L.248-2019, SEC.14.