Identifying effective solutions to stormwater problems depends on the thorough understanding of the existing stormwater conditions and concerns. The intent of this Chapter is two-fold: 1) describe the existing regulations affecting the Town of Fishers and 2) understand the current condition for each of the watersheds that begin, flow through, or terminate within the Town’s planning boundary.

The extent and nature of known existing stormwater conditions and concerns in the Town of Fishers were identified through various means including discussions with the Town’s stormwater staff, review of existing stormwater studies, drainage complaint database, local and state GIS data, field reconnaissance, and comments gathered from the general public.

Jump to Watershed Index

Waterways Permitting Handbook published by IDEM.

Town of Fishers 2009-2015 Strategic Plan

There are a number of entities and regulations that govern stormwater management and stormwater projects in the Town of Fishers. These entities include: the Town of Fishers Department of Engineering and Public Works, the Hamilton County Surveyor’s Office, the Indiana Department of Environmental Management (IDEM), the Indiana Department of Natural Resources (IDNR), and the United States Army Corps of Engineers (USACE) given authority through local, state, and federal regulations. These regulations are summarized below and referenced for more information in this Chapter as well as Chapter 7 of this Master Plan.

Stormwater Management Ordinance

In the Town of Fishers, stormwater issues are handled under the Department of Engineering and Public Works and governed under a Stormwater Management Ordinance.  The purpose of this Ordinance is to provide authority and title for stormwater management granted to the Fishers Town Council under “Home Rule” and required based on Phase II of the National Pollution Discharge Elimination System (NPDES) program (FR Doc. 99–29181).  The latter was authorized by the 1972 amendments to the Clean Water Act, IDEM Rule 13 (327 IAC 15-13), and IDEM Rule 5 (327 IAC 15-5).  The Ordinance covers all stormwater management related projects or properties located within the jurisdiction of the Town of Fishers.

The Stormwater Management Ordinance regulates:

• Discharges of prohibited non-stormwater flows into the stormwater drainage system.
• Stormwater drainage improvements related to development of lands.
• Drainage control systems installed during new construction and grading of lots and other parcels of land.
• Erosion and sediment control systems installed during new construction and grading of lots and other parcels of land.
• The design, construction, and maintenance of stormwater drainage facilities and systems.
• The design, construction, and maintenance of stormwater quality facilities and systems.
• Land-disturbing activities affecting wetlands.

The Stormwater Management Ordinance features that affect the quantity of water have had a variety of impacts in the watersheds as development has occurred. The general impacts can be summarized based on findings from the Williams Creek Watershed Master Plan conducted by CBBEL for the Hamilton County Surveyors Office and the City of Carmel. In that Plan, the impacts of the same Stormwater Management Ordinance requirements as that in place in the Town of Fishers were evaluated by comparing the watershed response to rainfall in its pre-developed agricultural state and its present, approximately 90% developed state. The findings were as follows:

• The 1% annual chance flood peaks have been reduced post development due to strict enforcement of allowable release rate required for the control of post-development 1% annual chance flood by the Ordinance, but the lowered flows are maintained at any given elevation for a longer period of time.
• Development has increased the 10% and 50% annual chance flood peak flows (note that the earlier versions of the ordinances within the County did not require the control of the post-development 10% annual chance flood peaks).
• Development has nearly doubled the length of time that discharges remain near bankfull.
• Development has caused about a 10% increase in the volume of runoff for the 1% annual chance flood.
• The percent of the area that is impervious and directly connected to the stormwater discharge system has a large effect on discharge peaks.
• Development that has preserved or created significant tree stands has offset at least a portion of the runoff potential increase.

Complementary to the Stormwater Management Ordinance is the Stormwater Management Technical Standards Manual. This Manual contains the necessary means and methods for achieving compliance with the Ordinance. The Manual contains formulas and methodologies for the review and design of both stormwater quantity and stormwater quality facilities. These include:

• Stormwater conveyance and detention calculations.
• Erosion control requirements and pollution prevention measures for active construction sites.
• Calculations required to size and design stormwater quality features that will treat runoff long-term following construction completion.
• A list of Best Management Practices (BMPs) for construction and post-construction management erosion and sediment control measures.

Drainage Policy

As detailed in the Town’s Drainage Policy, the Town of Fishers provides, in its ordinances, for certain inspections and controls over drainage ways and structures within the Town’s jurisdiction. This policy states that:

• Swales and small ditches (up to 6 cfs) shall be maintained by the adjacent property owners.
• Town owned infrastructure shall be maintained by the Town.

The Drainage Policy discusses “standing water” and clarifies that standing water in small swale depressions for less than 48 hours is not necessarily considered a drainage issue. Standing water in the rear and side yard is usually the result of:

• Silting of the swale creating high and low spots or grade inconsistencies
• Poor construction (high and low spots)
• Installation of a fence or filling of the swale performed by a property owner
• Landscaping within the drainage easement
• Sump pump discharge eroding the soil causing water to pool
• Irrigation line leaks or roof downspouts directed beneath the surface toward the drainage easement that have not been properly daylighted
• Sump pumps that are daylighted beneath the surface preventing the water from draining overland to the drainage structure
• Subsurface drain tile that is clogged with roots or sediment and needs to be maintained

According to the Drainage Policy, remedies to these problems are the responsibility of the homeowners involved and should be worked out between neighbors. It may also benefit the parties to involve the Homeowner’s Association (HOA) for specific problems that are related to common areas owned by the HOA. This policy also addresses sump pumps, subsurface drain tile taps, public storm sewers, and regulated drains.

Regulated Drains

Many of the waterways in the Town of Fishers are designated regulated drains and under the responsibility and authority of the Hamilton County Surveyor’s Office. Following is a summary of the responsibilities of the County Surveyor for regulated drains:

• The Hamilton County Drainage Board has the authority, per Indiana Code, to establish, construct, reconstruct, and maintain regulated drains within Hamilton County.
• The Hamilton County Drainage Board evaluates all proposed connections to legal drains within the county. Any and all connections to legal drains must be approved by the Drainage Board.
• Anyone wishing to directly or indirectly connect to a legal drain in Hamilton County must file a formal application with the Drainage Board and pay appropriate fees.
• If the legal drain does not have adequate capacity to accommodate the proposed connection, the petitioner must make provisions to reconstruct, upgrade, or otherwise improve the drain or limit the discharge to an acceptable amount prior to discharging to the legal drain.
• If the landowner benefited by a permitted connection to a legal drain fails to maintain the drainage facilities (pipes, detention ponds, swales, etc.) connecting to a legal drain, it is lawfully presumed that the failure is a request by the landowner for the drainage facilities to become a regulated drain pursuant to Indiana Code. The Drainage Board may then impose a maintenance or reconstruction assessment on all real estate benefited by the issuance of the particular outlet permit.
• A single owner or all owners affected by a private or mutual drain may petition the Hamilton County Drainage Board to assume jurisdiction over the drain per Indiana Code (36-9-27-18). The Board will then defer to the County Surveyor to determine whether or not the drain meets the standards of design and construction as defined by Indiana Code. If it does meet the standards, the Board shall grant the request. Otherwise, the request will be denied.
• In unincorporated Hamilton County, any subdivision over five (5) lots will be required to dedicate a regulated drain.

Property owners within each regulated drain watershed can be required to pay an assessment. The collected funds from these assessments are then used by the County Surveyor’s Office to prevent future problems or to take care of existing problems along the drain. Landowners can petition to have old infrastructure replaced or to do activities to maintain the current infrastructure. Regulated drains are viewed as utilities that are in place with the main purpose of providing drainage and are therefore regulated and maintained accordingly.

In Indiana, the USACE, IDEM and IDNR have jurisdiction over the Waters of the State. These entities administer a variety of federal and state regulations for wetlands, lakes, rivers, ponds, streams, creeks, and other regulated waterbodies. IDEM has prepared a Waterways Permitting Handbook to guide local decision-makers, developers, and citizens through the regulatory process.

The USACE has jurisdiction over all navigable Waters of the United States under the Rivers and Harbors Act of 1899. The USACE also regulated the placement of dredge or fill materials into the Waters of the United States under Section 404 of the Clean Water Act. As a result, no person may deposit or fill materials into the wetlands or Waters of the United States without a permit from the USACE.

IDEM is responsible for maintaining, protecting, and improving the physical, chemical, and biological integrity of Indiana’s waters. IDEM administers the Section 401 Water Quality Certification (WQC) Program, and draws its authority from the federal Clean Water Act and from Indiana’s Water Quality Standards. Any person who wishes to place fill materials, excavate or dredge, or mechanically clear (use of heavy equipment) within a wetland, lake, river, stream, or other Water of the State must first apply to the USACE for a Clean Waters Act Section 404 permit. If the USACE determines that a permit is necessary, then the person must also apply for, and obtain, a Section 401 Water Quality Certification from IDEM. A Section 404 permit cannot be granted without a Section 401 permit.

IDNR is charged by the State of Indiana to serve as stewards of Indiana’s surface and ground water resources by overseeing construction of activities within, over and/or under the State’s waterways. These statutes were enacted to allow the State’s water related resources to be utilized in a prudent manner while simultaneously minimizing induced flood related damages and protecting Indiana’s environmental and cultural resources. IDNR regulatory programs include: Lakes Preservation Act, Lowering of Ten Acre Lakes Act, Flood Control Act, Navigable Waterways Act, Sand and Gravel Permits Act, and Construction of Channels Act. Construction in the floodway of a water body or navigable water, channel, or public freshwater lake must receive a permit from IDNR.

Land Use Planning

Stormwater quality and quantity is impacted by land development practices. Areas with greater impervious cover (roads, rooftops, parking, etc.) have greater volumes of runoff and pollutant loading to receiving streams. Integrating stormwater management into planning and zoning decision-making can minimize stormwater problems once the project is built. Growth and development in the Town of Fishers is guided by the Development Department. The draft 2009 Strategic Plan addresses the recent phenomenon of growth and how to manage the continued growth without negatively impacting the quality of life that Fishers resident’s desire. With respect to stormwater, the Strategic Plan identifies specific goals for stormwater management. These include:

• Regulation and management of stormwater quantity and quality in the Town.
• Reduce the hazard to public health caused by excessive stormwater runoff.
• Regulate the introduction of pollutants to the stormwater drainage system.
• Prohibit illicit discharge into stormwater drainage system.
• Establish legal authority to carry out all inspection, monitoring, and enforcement procedures necessary to ensure compliance with this ordinance.
• Seeks compliance with Phase II Regulations for an MS4 Community under the Clean Water Act

Nine watersheds drain land in the Town of Fishers.

There are 9 12-digit Hydrologic Unit Code (HUC) watersheds that are partially within the planning jurisdiction for the Town of Fishers. These include:

1. Mallory Granger Ditch-White River Watershed
2. Vestal Ditch-White River Watershed
3. Carmel Creek-White River Watershed
4. William Lehr Ditch-Stony Creek Watershed
5. Sand Creek-Mud Creek Watershed
6. Headwaters Mud Creek Watershed
7. Thorpe Creek-Geist Reservoir Watershed
8. Flatfork Creek-Fall Creek Watershed
9. McFadden Ditch-Lick Creek Watershed

(To learn more about the existing conditions and concerns in an individual watershed, please click the appropriate watershed on the map shown on the left, or select from the list above).

These watersheds are much greater and drain land areas beyond the control of the Town of Fishers authority including the City of Carmel, City of Noblesville, Hamilton County, Madison County, and Hancock County. Addressing stormwater quality and quantity concerns requires an awareness of not just the current conditions within the Town of Fishers but these other jurisdictions as well.

Unless otherwise noted in the text, the discussion on current condition focuses on the Town of Fishers planning area portion of the watershed only. This area is based on the Town’s planning and zoning jurisdiction bordered by White River (west), 146th Street, 141st Street, and I-69 (north), Atlantic Road (east), and 96th Street (south). Within each watershed description is a summary of the extent and severity of surface water quantity and quality concerns based on information gathered from public input, local agency input, review of previous studies, and data collection. The discussion on each watershed is divided into 3 sections: watershed description, existing conditions and concerns, and known drainage problems or concerns. The following highlights the information found in each section.

 Go to Watershed Index

This above discussion provided an overview of the current regulations affecting the Town of Fishers as well as the existing stormwater conditions and concerns within each watershed. Known drainage problems or concerns were identified through various means including discussions with the Town’s stormwater staff, review of existing stormwater studies, drainage complaint database, local and state GIS data, field reconnaissance, and comments gathered from the general public. The table below summarizes the list of known drainage problems or concerns for each of the watersheds in the Town of Fishers. Exhibit 2-10 is a composite depiction of the known drainage problems or concerns.

WATERSHED

The most prevalent problem is building flooding in the Vestal Ditch-White River watershed. As discussed in the watershed section above these structures are located in the White River floodplain. Street flooding is common in 5 of the 9 watersheds in the Town of Fishers. High water signs and road overtopping are common occurrences in the Carmel Creek-White River, Sand Creek-Mud Creek, Thorpe Creek-Geist Reservoir, Headwaters Mud Creek, and Mallory Granger Ditch-White River watersheds. Thorpe Creek-Geist Reservoir and Vestal Ditch-White River watersheds have the greatest number of all the known problems or concerns. There are no documented drainage problems in the William Lehr Ditch-Stony Creek, Flatfork Creek-Fall Creek, and McFadden Ditch-Lick Creek watersheds.

Understanding the existing conditions and concerns, especially the known drainage problems, is important since it becomes the foundation for the goals and performance criteria (Chapter 4); the recommendations to address stormwater problems (Chapter 5); and implementation plan (Chapter 6) of this Master Plan.