1. (a) As used in this section, "land disturbing activity" means any manmade change of the land surface, including:

   1. (1) removing vegetative cover that exposes the underlying soil;
   2. (2) excavating;
   3. (3) filling; and
   4. (4) grading.

2. (b) Except as provided in subsection (d), a unit does not have the power to adopt:

   1. (1) a law;
   2. (2) a rule;
   3. (3) an ordinance; or

   4. (4) a regulation;

      that is more stringent than or exceeds in any manner the requirements of the department of environmental management's construction stormwater general permit, including financial assurances and any post-construction drainage reports.

3. (c) If a law, rule, ordinance, or regulation violates subsection (b):

   1. (1) the law, rule, ordinance, or regulation is void; and
   2. (2) the unit in violation of subsection (b) shall continue to discharge its duties under the department of environmental management's construction stormwater general permit program, if any.

4. (d) If a land disturbing activity would result in the disturbance of less than one (1) acre of total land area and is not part of a larger common plan of development or sale, a unit or the department of environmental management may take the following actions:

   1. (1) If a person conducting a land disturbing activity fails to control sediment or dust from leaving the site, issue a written warning to the person with respect to the sediment or dust.
   2. (2) If a written warning has been issued as described in subdivision (1) and corrective action has not been initiated within forty-eight (48) hours of receiving the written warning, issue a stop work order for the site.

As added by P.L.150-2025, SEC.1.