Bill > SB0389

Introduced Session

Wetlands. Amends the law requiring a permit and compensatory mitigation for "wetland activity" (the discharge of dredged or fill material) in a state regulated wetland: (1) by changing the definition of "Class II wetland"; (2) by providing that wetland activity may be conducted without a permit: (A) in a Class I wetland; (B) in a Class II wetland with an area of not more than three-eighths acre; (C) in an ephemeral stream; and (D) in a Class II wetland that is located within the boundaries of a municipality and has an area of not more than three-fourths acre; (3) by providing that a permit is not needed for the development of cropland that has been used for agricultural purposes: (A) in the five years immediately preceding the development; or (B) in the 10 years immediately preceding the development if the United States Army Corps of Engineers has issued a jurisdictional determination confirming that the cropland does not contain wetlands subject to federal jurisdiction; (4) by providing that wetland activity in a Class II wetland with an area of more than three-eighths acre requires an individual permit; (5) by providing that: (A) maintenance of a field tile in a Class II wetland can be conducted with a general permit if certain conditions are met; and (B) maintenance of a field tile in a Class III wetland can be conducted with a general permit if certain conditions are met and the applicant obtains a site-specific approval; (6) by establishing conditions for obtaining a site-specific approval; (7) by eliminating the compensatory mitigation requirements for wetland activity in a Class I wetland; and (8) by requiring the department of environmental management (department) to make a decision to issue or deny an individual permit for wetland activity not later than 90 days (instead of 120 days) after receiving the completed application. Amends the law concerning a certification under Section 401 of the federal Clean Water Act for dredge and fill activity in a federally regulated wetland to require the department to make a final determination not later than 90 days (instead of 120 days) after receiving a completed application if the applicant requests a pre-coordination meeting. Establishes the Indiana wetlands task force, a 14 member body that: (1) is required to study and make recommendations concerning a number of wetlands issues; and (2) not later than November 1, 2022, issue a report to the general assembly and the governor setting forth its recommendations. Requires the department of natural resources to provide staff support to the task force.

AI Summary

Committee Categories

Chris Garten (R)*,  Douglas Gutwein (R)*,  Matthew Lehman (R)*,  Mark Messmer (R)*,  Alan Morrison (R)*,  Linda Rogers (R)*,  Jeff Thompson (R)*,  Scott Baldwin (R),  Phillip Boots (R),  Liz Brown (R),  Jim Buck (R),  Justin Busch (R),  John Crane (R),  Blake Doriot (R),  Aaron Freeman (R),  Mike Gaskill (R),  Travis Holdman (R),  Erin Houchin (R),  Eric Koch (R),  Dennis Kruse (R),  Jean Leising (R),  Rick Niemeyer (R),  Chip Perfect (R),  Jack Sandlin (R),  Jim Tomes (R),  Andy Zay (R), 

Public Law 160 (on 04/29/2021)

Official Document