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Council adopts UDO changes to align grading and steep-slope rules with state law
Summary
The Bloomington Common Council on Sept. 18 adopted Ordinance 20-24-17, updating Title 20 of the Unified Development Ordinance to move grading/erosion controls to Title 13 and to cap local steep-slope regulation consistent with Indiana rules; an amendment clarified construction measures apply to slopes 12%–<25%.
The Bloomington Common Council unanimously adopted Ordinance 20-24-17 on Sept. 18, 2024, a package of amendments to Title 20 of the Unified Development Ordinance that aligns local grading and erosion-control procedures with recently adopted Title 13 (stormwater) and state Department of Environmental Management requirements.
Jackie Scanlon of the Department of Planning and Transportation told the council the changes remove the grading-permit process from Title 20 and create a site development permit to verify site design elements — such as sidewalks, bike parking and landscaping — at the time a building permit is requested. "Since we won't be doing a grading permit anymore, we're going to do a site development permit," Scanlon said, describing the permit as a quick verification that site work matches the approved site plan.
Scanlon also noted the state of Indiana changed how steep slopes can be regulated, limiting local authority to slopes of 25% and greater; the proposed UDO edits therefore adjust Bloomington's thresholds and related construction measures to comply. Council moved Amendment 1 to correct an oversight and to specify that construction measures apply for slopes "12% or greater, but less than 25%." The council approved that amendment by roll call and then approved the ordinance as amended on a roll-call vote of 8–0.
Council members asked staff for clarifications on how the new site development permit would be used in practice and whether siltation issues in streams outside city code authority would be referred to state agencies. Scanlon said site development checks will verify conformance with chapter 4 site requirements and that, depending on the location (for example, city-controlled stormwater infrastructure), other city or state entities could be involved for illicit discharges or stream impacts.
The ordinance was forwarded with a positive plan commission recommendation earlier in August; staff provided redlined UDO pages and draft language to council before the vote. The ordinance takes effect as provided in the municipal code and will formalize the new permitting pathway that separates erosion-control/grading functions (now in Title 13) from site-plan elements retained in Title 20.
Council scheduled no additional committee action and recorded the vote as 8–0 on adoption.
