*HB1383.1*
January 18, 2024
HOUSE BILL No. 1383
_____
DIGEST OF HB 1383 (Updated January 17, 2024 5:32 pm - DI 150)
Citations Affected: IC 13-11; IC 13-18.
Synopsis: Wetlands. Clarifies various wetland definitions. Eliminates
certain wetland rulemaking requirements. Provides that certain wetland
activity requires state authorization. Clarifies the compensatory
mitigation that must be offered to offset certain wetland activity. Makes
conforming changes and technical corrections.
Effective: July 1, 2024.
Morrison, Miller D, Wesco, Prescott
January 11, 2024, read first time and referred to Committee on Environmental Affairs.
January 18, 2024, amended, reported — Do Pass.
HB 1383—LS 7033/DI 153 January 18, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1383
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 13-11-2-25.8, AS AMENDED BY P.L.160-2021,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 25.8. (a) For purposes of IC 13-18:
4 (1) "Class I wetland" means an isolated wetland described by one
5 (1) or both of the following:
6 (A) At least fifty percent (50%) of the wetland has been
7 disturbed or affected by human activity or development by one
8 (1) or more of the following:
9 (i) Removal or replacement of the natural vegetation.
10 (ii) Modification of the natural hydrology.
11 (B) The wetland supports only minimal wildlife or aquatic
12 habitat or hydrologic function because the wetland does not
13 provide critical habitat for threatened or endangered species
14 listed in accordance with the Endangered Species Act of 1973
15 (16 U.S.C. 1531 et seq.) and the wetland is characterized by at
16 least one (1) of the following:
17 (i) The wetland is typified by low species diversity.
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1 (ii) The wetland contains greater than fifty percent (50%)
2 areal coverage of non-native invasive species of vegetation.
3 (iii) The wetland does not support significant wildlife or
4 aquatic habitat.
5 (iv) The wetland does not possess significant hydrologic
6 function;
7 (2) "Class II wetland" means one (1) of the following:
8 (A) An isolated wetland that supports moderate habitat or
9 hydrological functions, including an isolated wetland that is
10 dominated by native species but is generally without:
11 (A) (i) the presence of; or
12 (B) (ii) habitat for;
13 rare, threatened, or endangered species. and
14 (B) A type of wetland listed in subdivision (3)(B)(i) through
15 (3)(B)(vi) that:
16 (i) is located in a setting more than minimally disturbed
17 by human activity or development; or
18 (ii) supports less than minimal wildlife or aquatic habitat
19 or hydrologic function.
20 (3) "Class III wetland" means an isolated wetland:
21 (A) that is located in a setting undisturbed or minimally
22 disturbed by human activity or development and that supports
23 more than minimal wildlife or aquatic habitat or hydrologic
24 function; at least one (1) of the following rare and
25 ecologically important types:
26 (i) Acid bog.
27 (ii) Acid seep.
28 (iii) Circumneutral bog.
29 (iv) Circumneutral seep.
30 (v) Cypress swamp.
31 (vi) Dune and swale.
32 (vii) Fen.
33 (viii) Forested fen.
34 (ix) Marl beach.
35 (x) Muck flat.
36 (xi) Panne.
37 (xii) Sand flat.
38 (xiii) Sinkhole pond.
39 (xiv) Sinkhole swamp; or
40 (B) that is located in a setting undisturbed or minimally
41 disturbed by human activity or development and that
42 supports more than minimal wildlife or aquatic habitat or
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1 hydrologic function and of that is at least one (1) of the
2 following rare and ecologically important types:
3 (i) Acid bog.
4 (ii) Acid seep.
5 (iii) Circumneutral bog.
6 (iv) Circumneutral seep.
7 (v) Cypress swamp.
8 (vi) Dune and swale.
9 (vii) Fen.
10 (viii) Forested fen.
11 (ix) (i) Forested swamp.
12 (x) Marl beach.
13 (xi) Muck flat.
14 (xii) Panne.
15 (xiii) Sand flat.
16 (xiv) (ii) Sedge meadow.
17 (xv) (iii) Shrub swamp.
18 (xvi) Sinkhole pond.
19 (xvii) Sinkhole swamp.
20 (xviii) (iv) Wet floodplain forest.
21 (xix) (v) Wet prairie.
22 (xx) (vi) Wet sand prairie.
23 (b) For purposes of this section, a wetland or setting is not
24 considered disturbed or affected as a result of an action taken after
25 January 1, 2004, for which a permit is required under IC 13-18-22 but
26 has not been obtained.
27 (c) A wetland shall be classified by the function of the wetland
28 prior to an impact if the impact:
29 (1) lowered hydrology or habitat function in the wetland; and
30 (2) would result in a lower classification but for this
31 subsection.
32 SECTION 2. IC 13-11-2-48.5, AS ADDED BY P.L.160-2021,
33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]: Sec. 48.5. (a) "Cropland", for purposes of
35 IC 13-18-22-1(d), IC 13-18-22-1(c), means farmland:
36 (1) that is cultivated for agricultural purposes; and
37 (2) from which crops are harvested.
38 (b) The term includes:
39 (1) orchards;
40 (2) farmland used to produce row crops, close-grown crops, or
41 cultivated hay; and
42 (3) farmland intentionally kept out of production during a regular
HB 1383—LS 7033/DI 153 4
1 growing season (summer fallow).
2 (c) The term does not include pasture land pastureland unless the
3 pasture land pastureland is in active rotation with cultivated crops for
4 purposes of soil maintenance or improvement.
5 SECTION 3. IC 13-11-2-74.5, AS AMENDED BY P.L.160-2021,
6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 74.5. (a) "Exempt isolated wetland", for purposes
8 of IC 13-18 and environmental management laws, means an isolated
9 wetland that:
10 (1) is a voluntarily created wetland unless:
11 (A) the wetland is approved by the department for
12 compensatory mitigation purposes in accordance with a permit
13 issued under Section 404 of the Clean Water Act or
14 IC 13-18-22;
15 (B) the wetland is reclassified as a state regulated wetland
16 under IC 13-18-22-6(e); IC 13-18-22-6(g); or
17 (C) the owner of the wetland declares, by a written instrument:
18 (i) recorded in the office of the recorder of the county or
19 counties in which the wetland is located; and
20 (ii) filed with the department;
21 that the wetland is to be considered in all respects to be a state
22 regulated wetland;
23 (2) exists as an incidental feature in or on:
24 (A) a residential lawn;
25 (B) a lawn or landscaped area of a commercial or
26 governmental complex;
27 (C) agricultural land;
28 (D) a roadside ditch;
29 (E) an irrigation ditch; or
30 (F) a manmade drainage control structure;
31 (3) is a fringe wetland associated with a private pond;
32 (4) is, or is associated with, a manmade body of surface water of
33 any size created by:
34 (A) excavating;
35 (B) diking; or
36 (C) excavating and diking;
37 dry land to collect and retain water for or incidental to
38 agricultural, commercial, industrial, or aesthetic purposes;
39 (5) is a Class I wetland;
40 (6) subject to subsection (c), is a Class II wetland with that:
41 (A) is not located within the boundaries of a municipality,
42 and has an area, as delineated, of not more than three-eighths
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1 (3/8) acre; or
2 (B) is located within the boundaries of a municipality, and
3 has an area, as delineated, of not more than three-fourths
4 (3/4) acre;
5 (7) is located on land:
6 (A) subject to regulation under United States Department of
7 Agriculture wetland conservation programs, including
8 Swampbuster and the Wetlands Reserve Program, because of
9 voluntary enrollment in a federal farm program; and
10 (B) used for agricultural or other purposes allowed under the
11 programs referred to in clause (A); or
12 (8) is constructed for reduction or control of pollution.
13 (b) For purposes of subsection (a)(2), an isolated wetland exists as
14 an incidental feature:
15 (1) if:
16 (A) the owner or operator of the property or facility described
17 in subsection (a)(2) does not intend the isolated wetland to be
18 a wetland;
19 (B) the isolated wetland is not essential to the function or use
20 of the property or facility; and
21 (C) the isolated wetland arises spontaneously as a result of
22 damp soil conditions incidental to the function or use of the
23 property or facility; and
24 (2) if the isolated wetland satisfies any other factors or criteria
25 established in rules that are:
26 (A) adopted by the board; and
27 (B) not inconsistent with the factors and criteria described in
28 subdivision (1).
29 (c) The total acreage of Class II wetlands on a tract to which the
30 exemption described in subsection (a)(6) may apply is limited to the
31 larger of:
32 (1) the acreage of the largest individual isolated wetland on the
33 tract that qualifies for the exemption described in subsection
34 (a)(6); and
35 (2) sixty percent (60%) of the cumulative acreage of all individual
36 isolated wetlands on the tract that would qualify for the exemption
37 described in subsection (a)(6) but for the limitation of this
38 subsection.
39 (d) An isolated wetland described in subsection (a)(5) or (a)(6) does
40 not include an isolated wetland on a tract that contains more than one
41 (1) of the same class of wetland until the owner of the tract notifies the
42 department that the owner has selected the isolated wetland to be an
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1 exempt isolated wetland under subsection (a)(5) or (a)(6).
2 SECTION 4. IC 13-18-22-1, AS AMENDED BY P.L.247-2023,
3 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b), a
5 person proposing a wetland activity in a state regulated wetland must
6 obtain a permit under this chapter to authorize the wetland activity.
7 (b) A permit is not required for the following wetland activities:
8 (1) The discharge of dirt, sand, rock, stone, concrete, or other
9 inert fill materials in a de minimis amount.
10 (2) A wetland activity at a surface coal mine for which the
11 department of natural resources has approved a plan to:
12 (A) minimize, to the extent practical using best technology
13 currently available, disturbances and adverse effects on fish
14 and wildlife;
15 (B) otherwise effectuate environmental values; and
16 (C) enhance those values where practicable.
17 (3) Any activity listed under Section 404(f) of the Clean Water
18 Act, including:
19 (A) normal farming, silviculture, and ranching activities, such
20 as plowing, seeding, cultivating, minor drainage, harvesting
21 for the production of food, fiber, and forest products, or upland
22 soil and water conservation practices;
23 (B) maintenance, including emergency reconstruction of
24 recently damaged parts, of currently serviceable structures
25 such as dikes, dams, levees, groins, riprap, breakwaters,
26 causeways, and bridge abutments or approaches, and
27 transportation structures;
28 (C) construction or maintenance of farm or stock ponds or
29 irrigation ditches, or the maintenance of drainage ditches;
30 (D) construction of temporary sedimentation basins on a
31 construction site that does not include placement of fill
32 material into the navigable waters; and
33 (E) construction or maintenance of farm roads or forest roads,
34 or temporary roads for moving mining equipment, where the
35 roads are constructed and maintained, in accordance with best
36 management practices, to assure that:
37 (i) flow and circulation patterns and chemical and biological
38 characteristics of the navigable waters are not impaired;
39 (ii) the reach of the navigable waters is not reduced; and
40 (iii) any adverse effect on the aquatic environment will be
41 otherwise minimized.
42 (4) The maintenance or reconstruction (as defined in
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1 IC 36-9-27-2) of a regulated drain in accordance with
2 IC 36-9-27-29(2) as long as the work takes place within the
3 current easement, and the reconstruction does not substantially
4 change the characteristics of the drain to perform the function for
5 which it was designed and constructed.
6 (5) Wetland activities in an exempt isolated wetland, as defined
7 in IC 13-11-2-74.5.
8 (6) Dredge and fill activities in an ephemeral stream, as defined
9 in IC 13-11-2-72.4.
10 (7) Dredge and fill activities in a Class II wetland that:
11 (A) is located within the boundaries of a municipality; and
12 (B) has an area, as delineated, of not more than three-fourths
13 (3/4) acre.
14 (8) (7) The activities of a forestry operation that are:
15 (A) conducted in compliance with the Indiana Logging and
16 Forestry Best Management Practices Field Guide published by
17 the department of natural resources; and
18 (B) confined to a waterway that has a watershed not greater
19 than ten (10) square miles.
20 A state permit will be required if there are permanent negative
21 impacts to isolated wetlands outside of a waterway or the
22 activities conducted fail to comply with the Indiana Logging and
23 Forestry Best Management Practices Field Guide.
24 (c) If a conflict arises between:
25 (1) the provision in subsection (b)(7) under which dredge and fill
26 activities in a Class II wetland with an area, as delineated, of not
27 more than three-fourths (3/4) acre do not require a permit; and
28 (2) the provision in section 3(a) of this chapter under which a
29 wetland activity in a Class II wetland with an area, as delineated,
30 of more than three-eighths (3/8) acre require an individual permit;
31 the exemption in subsection (b)(7) controls.
32 (d) (c) The development conversion of cropland, as defined in
33 IC 13-11-2-48.5, to housing does not require a permit under this
34 chapter if the cropland has been used for agricultural purposes:
35 (1) in the five (5) years immediately preceding the development;
36 or
37 (2) in the ten (10) years immediately preceding the development,
38 if the United States Army Corps of Engineers has issued a
39 jurisdictional determination confirming that the cropland does not
40 contain wetlands subject to federal jurisdiction under Section 404
41 of the Clean Water Act.
42 After receiving a jurisdictional determination described in subdivision
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1 (2) from the United States Army Corps of Engineers, the department
2 shall notify the person proposing the wetland activity that the
3 development of the cropland used for agricultural purposes in the
4 immediately preceding ten (10) years is exempt from the permit
5 requirement of subsection (a) under subdivision (2).
6 SECTION 5. IC 13-18-22-2, AS AMENDED BY P.L.2-2005,
7 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 2. (a) The board may adopt rules under IC 4-22-2
9 and IC 13-14 not later than February 1, 2005, to implement the part of
10 the definition of Class I wetland under IC 13-11-2-25.8(a)(1)(B).
11 (b) Before the adoption of rules by the board under subsection (a),
12 the department shall determine the class of a wetland in a manner
13 consistent with the definitions of Class I, II, and III wetlands in
14 IC 13-11-2-25.8.
15 (c) The classification of an isolated wetland that is based on the
16 level of disturbance of the wetland by human activity or development
17 may be improved to a higher numeric class if an action is taken to
18 restore the isolated wetland, in full or in part, to the conditions that
19 existed on the isolated wetland before the disturbance occurred.
20 SECTION 6. IC 13-18-22-3, AS AMENDED BY P.L.160-2021,
21 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 3. (a) The following shall be authorized by an
23 individual permit:
24 (1) Wetland activity in a nonexempt Class II wetland with an
25 area, as delineated, of more than three-eighths (3/8) acre. This
26 subdivision does not apply to the maintenance of a field tile
27 within a Class II wetland under section 4(a)(1). that does not
28 qualify for a general permit under section 4 of this chapter.
29 (2) Wetland activity in a Class III wetland.
30 (b) The board shall may adopt rules under IC 4-22-2 and IC 13-14
31 to govern the issuance of individual permits by the department under
32 subsection (a).
33 SECTION 7. IC 13-18-22-4, AS AMENDED BY P.L.160-2021,
34 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 4. (a) The following shall be authorized by a
36 general permit:
37 (1) The maintenance of a field tile within a Class II wetland.
38 However, the maintenance described in this subdivision may be
39 authorized only if the field tile:
40 (A) is necessary to restore drainage of land adjacent to the
41 wetland; and
42 (B) does not have the effect of draining the wetland.
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1 (2) The maintenance of a field tile within a Class III wetland.
2 However, the maintenance described in this subdivision may be
3 authorized only if:
4 (A) the maintenance of the field tile:
5 (i) is necessary to restore drainage of land adjacent to the
6 wetland; and
7 (ii) does not have the effect of draining the wetland; and
8 (B) the applicant obtains a site-specific approval for the
9 maintenance of the field tile under section 12 of this chapter.
10 Dredge and fill activities with minimal impact that are at
11 or below impact thresholds, including the activities
12 analogous to those allowed under the nationwide permit
13 program (as published in 67 Fed. Reg. 2077-2089 (2002)).
14 (b) The maintenance of a field tile in a Class I wetland does not
15 require a permit.
16 (c) The board shall may adopt rules under IC 4-22-2 and IC 13-14
17 to establish and implement the general permits described in subsection
18 (a).
19 (d) The department may not authorize a wetlands activity
20 described in subsection (a) unless the applicant:
21 (1) identifies the water to be affected by the activity; and
22 (2) provides a compensatory mitigation plan as set forth in
23 section 6 of this chapter.
24 SECTION 8. IC 13-18-22-5 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The rules adopted
26 under section 3 of An applicant for a permit issued under this
27 chapter:
28 (1) must require that the applicant demonstrate, as a prerequisite
29 to the issuance of the permit, that wetland activity:
30 (A) is:
31 (i) without reasonable alternative; and
32 (ii) reasonably necessary or appropriate;
33 to achieve a legitimate use proposed by the applicant on the
34 property on which the wetland is located; and
35 (B) for a Class III wetland, is without practical alternative and
36 will be accompanied by taking steps that are practicable and
37 appropriate to minimize potential adverse impacts of the
38 discharge on the aquatic ecosystem of the wetland; and
39 (2) except as provided in subsection (c), (b), must establish that
40 compensatory mitigation will be provided as set forth in section
41 6 of this chapter to reasonably offset the loss of wetlands allowed
42 by the permits. and
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1 (3) The department or the board may prescribe additional conditions
2 on applicants that are reasonable and necessary to carry out the
3 purposes of this chapter.
4 (b) The rules adopted under section 4 of this chapter must require,
5 as a prerequisite to the applicability of the general permit by rule to a
6 specific wetland activity, that the person proposing the discharge
7 submit to the department a notice of intent to be covered by the general
8 permit by rule that:
9 (1) identifies the wetlands to be affected by the wetland activity;
10 and
11 (2) except as provided in subsection (c), provides a compensatory
12 mitigation plan as set forth in section 6 of this chapter to
13 reasonably offset the loss of wetlands allowed by the general
14 permit.
15 (c) (b) Under subsections (a) and (b), the rules adopted under
16 sections 3 and 4 of this chapter may provide for The commissioner
17 may approve exceptions to compensatory mitigation in specific,
18 limited circumstances.
19 (d) (c) For purposes of subsection (a)(1)(A):
20 (1) a resolution of the executive of the county or municipality in
21 which the wetland is located; or
22 (2) a permit or other approval from a local government entity
23 having authority over the proposed use of the property on which
24 the wetland is located;
25 that includes a specific finding that the wetland activity is as described
26 in subsection (a)(1)(A) is considered conclusive evidence of that fact.
27 SECTION 9. IC 13-18-22-6, AS AMENDED BY P.L.160-2021,
28 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 6. (a) Except as otherwise specified in subsections
30 (b), and (c), (e), (f), and (h), compensatory mitigation shall be provided
31 in accordance with the following table:
32 Wetland Replacement On-site and Off-site
33 Class Class In-lieu Fee Ratio
34 Ratio
35 Class II Class II or III 1.5 to 1 2 to 1
36 Nonforested Nonforested
37 2 to 1 2.5 to 1
38 Forested Forested
39 Class III Class III 2 to 1 2.5 to 1
40 Nonforested Nonforested
41 2.5 to 1 3 to 1
42 Forested Forested
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1 (b) The compensatory mitigation ratio shall be lowered to one to one
2 (1:1) if the compensatory mitigation is completed before the initiation
3 of the wetland activity.
4 (c) A wetland that is created or restored as a water of the United
5 States may be used, as an alternative to the creation or restoration of an
6 isolated wetland, as compensatory mitigation for purposes of this
7 section. The replacement class of a wetland that is a water of the
8 United States shall be determined by applying the characteristics of a
9 Class I, Class II, or Class III wetland, as appropriate, to the replacement
10 wetland as if it were an isolated wetland.
11 (d) The off-site location of compensatory mitigation must be:
12 (1) within:
13 (A) the same eight (8) digit U.S. Geological Service hydrologic
14 unit code; or
15 (B) the same county;
16 as the isolated wetlands subject to the authorized wetland activity;
17 or
18 (2) within a designated service area established in an in lieu fee
19 mitigation program approved by the United States Army Corps of
20 Engineers. department.
21 (e) For purposes of satisfying subsection (a), compensatory
22 mitigation may consist of:
23 (1) one (1) or a combination of the following:
24 (A) Creation or restoration of a wetland by the permittee.
25 (B) Bank credits.
26 (C) In lieu fee credits; or
27 (2) a combination of creation or restoration and preservation
28 methods such that:
29 (A) creation or restoration of a wetland by the permittee
30 accounts for at least a one to one (1:1) ratio of mitigation;
31 and
32 (B) preservation of a wetland by the permittee, under
33 subsection (h), accounts for any remaining mitigation
34 required under subsection (a).
35 (f) An exempt isolated wetlands: wetland:
36 (1) may be used to provide compensatory mitigation for wetlands
37 activities in state regulated wetlands. An exempt isolated wetland
38 that is used to provide compensatory mitigation becomes a state
39 regulated wetland. considered a created or restored wetland
40 for purposes of subsection (e)(1)(A) and (e)(2)(A); and
41 (2) if so considered, shall receive compensatory mitigation
42 credit as follows:
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1 (A) A Class I wetland may be enhanced to a Class II
2 wetland by the permittee and used for mitigation credit for
3 impacts to Class II wetland at the following ratios:
4 (i) One to one (1:1) if the enhancement occurs prior to
5 impacts.
6 (ii) Two to one (2:1) if the enhancement occurs after
7 permitting.
8 (B) If the mitigation wetland is the same or a higher
9 classification than the impacted wetland, the mitigation
10 wetland credit ratio is one to one (1:1).
11 (C) Except as provided in clause (A), if the mitigation
12 wetland is a lower classification than the impacted wetland,
13 then mitigation credit shall be given in accordance with the
14 following ratios:
15 MitigationImpact Mitigation
16 Wetland Wetland Credit Ratio
17 (Acres of Mitigation:
18 Acres of Credit)
19 Class I Class II 3 to 1
20 Class II Class III 4 to 1
21 (g) An exempt isolated wetland that is used to provide
22 compensatory mitigation under subsection (f) becomes state
23 regulated wetland.
24 (h) A nonexempt, Class II or Class III isolated wetland that is
25 not impacted and that is protected with a deed restriction or
26 conservation easement:
27 (1) may be preserved for purposes of subsection (e)(2)(B) so
28 long as the nonexempt, Class II or Class III isolated wetland
29 is the same or a higher classification as the impacted
30 wetland; and
31 (2) if the condition in subdivision (1) is met, shall receive
32 compensatory mitigation credit as follows:
33 Impact - Wetland Type or Class
34 MitigationClass II Class IIClass III Class III
35 Wetland NonforestedForestedNonforestedForested
36 Type
37 Class II 6 to 1 8 to 1 N/A N/A
38 On-site
39 Nonforested
40 Class II 5 to 1 6 to 1 N/A N/A
41 On-site
42 Forested
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1 Class II 7 to 1 9 to 1 N/A N/A
2 Off-site
3 Nonforested
4 Class II 6 to 1 7 to 1 N/A N/A
5 Off-site
6 Forested
7 Class III 4 to 1 5.5 to 17 to 1 9 to 1
8 On-site
9 Nonforested
10 Class III 3 to 1 4.5 to 16 to 1 7 to 1
11 On-site
12 Forested
13 Class III 4.5 to 1 6 to 1 8 to 1 10 to 1
14 Off-site
15 Nonforested
16 Class III 3.5 to 1 5 to 1 7 to 1 8 to 1
17 Off-site
18 Forested
19 (i) Unless otherwise specified, compensatory mitigation
20 provided under this section must be protected with a restrictive
21 covenant that is recorded with respect to the property on which the
22 mitigation wetland is located.
23 SECTION 10. IC 13-18-22-7, AS AMENDED BY P.L.160-2021,
24 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 7. (a) The department shall:
26 (1) administer the permit programs established by this chapter;
27 and
28 (2) review and issue decisions on applications for permits to
29 undertake wetland activities in state regulated wetlands in
30 accordance with the rules issued by the board requirements
31 under this chapter.
32 (b) The department shall make available to the public a form for use
33 in applying for a permit under this chapter.
34 SECTION 11. IC 13-18-22-8, AS AMENDED BY P.L.160-2021,
35 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 8. (a) Subject to subsection (f), The department
37 shall make a decision to issue or deny an individual permit under
38 section 3 of this chapter not later than ninety (90) days after receipt of
39 the completed application. If the department fails to make a decision on
40 a permit application by the deadline under this subsection or subsection
41 (d), a permit is considered to have been issued by the department in
42 accordance with the application.
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1 (b) A general permit under section 4 of this chapter becomes
2 effective with respect to a proposed wetland activity that is within the
3 scope of the general permit on the thirty-first day after the department
4 receives a notice of intent from the person proposing the wetland
5 activity that the wetland activity be authorized under the general
6 permit.
7 (c) The department must support a denial under subsection (a) by a
8 written statement of reasons.
9 (d) The department may notify the applicant that the completed
10 application referred to in subsection (a) is deficient. If the department
11 fails to give notice to the applicant under this subsection not later than
12 fifteen (15) days after the department's receipt of the completed
13 application, the application is considered not to have been deficient.
14 After receipt of a notice under this subsection, the applicant may
15 submit an amended application that corrects the deficiency. The
16 department shall make a decision to issue or deny an individual permit
17 under the amended application within a period that ends a number of
18 days after the date the department receives the amended application
19 equal to the remainder of:
20 (1) ninety (90) days; minus
21 (2) the number of days the department held the initial application
22 before giving a notice of deficiency under this subsection.
23 SECTION 12. IC 13-18-22-12, AS ADDED BY P.L.160-2021,
24 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 12. (a) A person seeking to engage in maintenance
26 of a field tile within a Class III wetland under section 4(a)(2) of this
27 chapter may apply to the department for a site-specific approval for the
28 activity in accordance with this section. and the rules adopted under
29 section 4(c) of this chapter.
30 (b) An applicant for a site-specific approval under this section must
31 provide information to the department on the need to perform the
32 activity described in subsection (a), including the following:
33 (1) Information showing the location and area needed to be
34 disturbed within the Class III wetland.
35 (2) Lack of reasonable alternatives to the disturbance of the area
36 referred to in subdivision (1).
HB 1383—LS 7033/DI 153 15
COMMITTEE REPORT
Mr. Speaker: Your Committee on Environmental Affairs, to which
was referred House Bill 1383, has had the same under consideration
and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 3, line 29, delete "habit" and insert "habitat".
Page 11, line 35, strike "wetlands:" and insert "wetland:".
Page 11, line 39, delete "wetlands" and insert "wetland".
and when so amended that said bill do pass.
(Reference is to HB 1383 as introduced.)
MORRISON
Committee Vote: yeas 8, nays 4.
HB 1383—LS 7033/DI 153