Dearborn County amends Chapter 94 on erosion control to reflect MS4 coordinator and state changes

Dearborn County commissioners on June 17 approved an ordinance amending Chapter 94 of the county code to update erosion-control responsibilities and reflect recent state legislation.

County staff said the change assigns certain erosion-control duties to the county's MS4 coordinator (Municipal Separate Storm Sewer System coordinator) rather than the building department, and updates local procedures after House Bill 1037 was enacted this legislative session. An administrator explained that some provisions in Chapter 94 needed revision regardless of state action because of the county's MS4 designation.

The board discussed the statute's effect on lots under one acre and noted nuances about when the state's construction stormwater general permit applies. Staff said that for earth disturbance of one acre or more, the construction stormwater general permit or MS4 requirements apply; for disturbances under one acre, the county regulates sediment and dust leaving the property. The transcript records that HB 1037 was signed by the governor this session and influenced local code review.

Commissioner Kevin Baden moved to approve the ordinance to amend Chapter 94 (erosion control) as presented; the motion passed.

Staff said the chapter update was prepared with planning and building staff and the MS4 coordinator and will take effect as specified in the ordinance. The change aligns county practice with the MS4 program and implements statutory changes from the recent legislative session.