Indiana has no single statewide land-clearing permit. Whether your project needs approval depends on what the clearing is part of and where it happens: construction-related land disturbance of one acre or more (or less, when part of a larger common plan of development or sale) generally needs coverage under IDEM's Construction Stormwater General Permit; work in a floodway is regulated by the Indiana DNR Division of Water; burning tree waste from clearing for a change in land use needs IDEM's prior approval; and local zoning, drainage-board and floodplain rules also apply. Confirm with the listed agencies and your county before you clear.
Why Land Clearing Rules Matter in Indiana
Clearing trees and brush on your own land is often unregulated, but several state and local rules can apply depending on why you are clearing, how much ground is disturbed, and whether the work is near a floodway, wetland, regulated drain or incorporated area. Knowing which may apply before work starts helps avoid stop-work orders and restoration costs.
This guide is an educational overview, not legal advice. Rules change and local requirements vary. Confirm current requirements with the agencies linked in the Official sources section and with your county planning, surveyor and floodplain offices.
Mann Excavation & Sitework is a veteran-owned contractor serving Central Indiana with forestry mulching, conventional land clearing, brush removal, stump and grubbing work, grading and site preparation.
IDEM Construction Stormwater General Permit (formerly Rule 5)
IDEM's Construction Stormwater General Permit (CSGP) replaced the former Rule 5 on December 18, 2021. According to IDEM, it applies to construction activity that disturbs one acre or more of land, or less than one acre when the disturbance is part of a larger common plan of development or sale.
That means the trigger is construction-related land disturbance — for example, clearing and grading ahead of a new home, barn, subdivision or commercial site — not simply removing a few trees or brush. If clearing is the first phase of a building project that will disturb an acre or more, plan for permit coverage before work starts.
Coverage involves a Notice of Intent and a stormwater pollution prevention plan with erosion and sediment controls. Current forms, fees and technical guidance are on IDEM's construction stormwater page, and many counties and municipalities have their own local stormwater programs as well.
Floodways and Floodplains
Construction in a floodway is regulated by the Indiana Department of Natural Resources (DNR) Division of Water. DNR publishes exemptions and general licenses that may cover some activities, so not every project in or near a floodway needs an individual permit — but you should confirm with DNR before disturbing ground there.
Separately, counties and municipalities that participate in the National Flood Insurance Program have local floodplain administrators who review development in mapped flood hazard areas. You can preview FEMA maps at the FEMA Flood Map Service Center, but your local floodplain administrator has the authoritative current information.
Wetlands and Waterways
Work that places fill or otherwise affects wetlands, streams or other waters may require authorization from the U.S. Army Corps of Engineers and state water-quality review through IDEM. Whether a particular area is regulated depends on site-specific facts.
If your property has wet areas, low ground, streams or ponds, contact the Corps (Louisville District for most of Indiana) or a qualified wetland consultant before clearing or grading near them.
Regulated Drains
Under Indiana's drainage code, county drainage boards (usually staffed by the county surveyor) oversee regulated drains — many county ditches and tile mains — and their right-of-way. Work that could obstruct or alter a regulated drain or its easement generally needs the board's approval.
Easement widths and procedures vary by county and drain, so call your county surveyor before clearing, grading or placing structures near any county ditch.
Open Burning of Cleared Material
IDEM requires prior approval for open burning of tree waste generated by clearing land for a change in land use — for example, clearing wooded ground for a new building site. There is no blanket exemption simply because a property is rural.
Other types of burning have different rules, and counties, towns and fire departments may add their own restrictions or burn bans. Check IDEM's open-burning guidance and your local fire department before planning any burn. Removing debris off-site or leaving it in place are alternatives worth discussing during the estimate.
Local Zoning, Tree Ordinances and Setbacks
Counties and municipalities set their own zoning and land-use rules. Some incorporated communities regulate tree removal or require land-disturbance permits; unincorporated areas are less likely to restrict clearing outright, but drainage, floodplain and state rules still apply.
Call your city, town or county planning office to ask whether a permit is needed for your parcel and project.
Utility Locates: Indiana 811
Indiana law requires contacting Indiana 811 at least two full working days before excavating or other ground disturbance. Stump removal, grubbing, grading and trenching all count. Member utilities will mark their lines.
Mann Excavation & Sitework asks every customer to have locates marked before digging begins.
Quick Reference: Who to Ask
| Consideration | When it may apply | Who to contact |
|---|---|---|
| Construction Stormwater General Permit (CSGP) | Construction disturbance of 1+ acre, or less as part of a larger common plan of development or sale | IDEM construction stormwater program; local MS4 if applicable |
| Floodway construction | Work in a DNR-regulated floodway (exemptions/general licenses may apply) | Indiana DNR Division of Water |
| Local floodplain review | Development in a mapped flood hazard area | County or municipal floodplain administrator |
| Wetland / waterway authorization | Fill or impacts in wetlands, streams or other waters | U.S. Army Corps of Engineers; IDEM |
| Regulated drain approval | Work affecting a county regulated drain or its easement | County surveyor / drainage board |
| Open burning approval | Burning tree waste from clearing for a change in land use | IDEM; local fire department |
| Local zoning / tree permits | Varies by community | City, town or county planning office |
| Utility locate | Any excavation or ground disturbance | Indiana 811 |
Does the Clearing Method Change Permit Requirements?
Not by itself. Permit triggers depend on the project's purpose, the area disturbed, location and local rules — not on whether the vegetation is pulled, cut or mulched. Any clearing method can still involve stump work, grading or work near drains and floodways that brings rules into play.
Mann Excavation & Sitework offers both forestry mulching and conventional clearing, and we will not suggest either method as a way around any permit.
Working with Mann Excavation & Sitework
We are a veteran-owned, insured contractor based in Danville serving Hendricks, Boone, Morgan, Putnam, Montgomery and surrounding Central Indiana counties, with an excavator, skid steer and dump truck for land clearing, brush removal, stump and grubbing work, site preparation, drainage and pad grading.
We are not attorneys or permit consultants. During a free site walk we can point out features — ditches, wet ground, slopes, nearby structures — that are worth asking the agencies about. Call 317-206-0414.