"Erosion rates from construction sites are ten times higher than those measured on row croplands and more than 100 times higher than erosion rates on well vegetated lands."
Studies demonstrate the soil loss from new development can range from 20 to 150 tons per acre, per year.  The national average for soil erosion from cropland is about 8 tons per year.  Soil lost to streams, rivers, and lakes have a profound effect on water quality, including drinking water. Excessive erosion of soil into ditches increases the frequency of ditch maintenance, resulting in a quantifiable economic impact.
Rule 5 (327 IAC 15-5) is intended to reduce pollutants, principally sediment as a result of soil erosion, in storm water discharges into surface waters. Requirements of Rule 5 apply to anyone who is involved in construction activity, (including clearing, grading, excavation, and other land disturbing activities) that results in disturbing one (1) acre or more of total land area.   If the activity results in disturbing less than one (1) acre of total land area, but is part of a larger common plan of development or sale (such as the development of a subdivision or industrial park), it is still subject to storm water permitting.
Those responsible for adhering to the rule are known as the project "operators". Operators are required to do the following before starting an activity that will disturb 1 or more acres:
1. File a Notice of Intent (NOI) on State Form 47487 to Indiana Department Environmental Management (IDEM).
2. Submit a permit payment to IDEM.
3. Submit to IDEM proof of publication in a newspaper of general circulation in the affected area notifying the public that a construction activity is to commence.  Include the start date, end date, and location of the project, and the name and address or phone number of the contact person.
4. Submit an Erosion and Sediment Control Plan (ESCP) to the local County Soil and Water Conservation District (SWCD). ESCPs must be submitted BEFORE construction may begin. 
State forms and additional information may be obtained online at IDEM's and DNR's websites:
http://www.in.gov
Statewide requirements were developed under "Rule 5" (327 IAC 15-5) for erosion and sediment control on construction sites greater than five acres.  Over the past year, the jurisdictional area has been further reduced to sites with land disturbance affecting areas at least one acre in size. The Phase II Version of 327 IAC 15-5 became effective as of November 26, 2003, to meet federal requirements. Significant changes associated with the Phase II version of 327 IAC 15-5 include:
· The land disturbance threshold for regulated projects has been reduced to affected areas of 1 acre or more.
· Construction Plans must be submitted to the reviewing authority at least 28 days in advance of the proposed start date of construction.
· Construction plans must be approved by the reviewing authority prior to submitting the Notice of Intent (NOI) to the Indiana Department of Environmental Management (IDEM)
· Submittal of the NOI to IDEM must include documentation from the reviewing authority that the construction plans meet the requirements of the rule or did not receive a formal evaluation prior to the expiration of the 28 day review period.  The NOI must be submitted to the Indiana Department of Environmental Management at least 48 hours in advance of land disturbance with a copy to the reviewing authority.
· NOIs must include latitude/longitude in addition to Section, Township & Range location information
· NOIs must include an estimation of the proposed impervious surface area associated with the project
· Within 48 hours of initiating construction activities, the project site owner must notify IDEM of the actual project start date.
· Regulated projects are to be inspected by a representative of the project site owner at least weekly and again within 24 hours following a ½ inch precipitation event.  Written records must be kept for each inspection and made available to IDEM or their representative upon request.
· Areas that are scheduled or likely to remain inactive for 15 days or more must have temporary surface stabilization measures in place.