Indiana 2024 Regular Session

Indiana House Bill HB1403 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1403
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 13-11-2-25.8; IC 13-18-22.
7	7	Synopsis: Determining existence and class of wetlands. Amends the
8	8	definition of Class I wetland to provide that, to be categorized as a
9	9	Class I wetland, a wetland must be determined by a hydrologist to
10	10	possess no significant hydrologic function. Defines "hydrologic
11	11	function" as the capacity of a wetland to store floodwaters by spreading
12	12	water out over a large, flat area, which decreases runoff velocity,
13	13	reduces flood peaks, and distributes stormflows over longer time
14	14	periods. Provides that a wetland that meets the other conditions of the
15	15	definition of "Class I wetland" but is not determined by a hydrologist
16	16	to possess no significant hydrologic function is a Class II wetland.
17	17	Provides that, for purposes of the law on state regulated wetlands, the
18	18	existence of a wetland and the wetland class of a wetland shall be
19	19	determined through use of: (1) the National Wetlands Inventory
20	20	produced by the United States Fish and Wildlife Service and made
21	21	available by the department of environmental management on the
22	22	Internet for public use; and (2) the soil data and other information
23	23	available through the Web Soil Survey website operated by the Natural
24	24	Resources Conservation Service of the United States Department of
25	25	Agriculture.
26	26	Effective: July 1, 2024.
27	27	Boy
28	28	January 11, 2024, read first time and referred to Committee on Environmental Affairs.
29	29	2024 IN 1403—LS 7044/DI 55 Introduced
30	30	Second Regular Session of the 123rd General Assembly (2024)
31	31	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
32	32	Constitution) is being amended, the text of the existing provision will appear in this style type,
33	33	additions will appear in this style type, and deletions will appear in this style type.
34	34	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
35	35	provision adopted), the text of the new provision will appear in this style type. Also, the
36	36	word NEW will appear in that style type in the introductory clause of each SECTION that adds
37	37	a new provision to the Indiana Code or the Indiana Constitution.
38	38	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
39	39	between statutes enacted by the 2023 Regular Session of the General Assembly.
40	40	HOUSE BILL No. 1403
41	41	A BILL FOR AN ACT to amend the Indiana Code concerning
42	42	environmental law.
43	43	Be it enacted by the General Assembly of the State of Indiana:
44	44	1 SECTION 1. IC 13-11-2-25.8, AS AMENDED BY P.L.160-2021,
45	45	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	46	3 JULY 1, 2024]: Sec. 25.8. (a) For purposes of The following
47	47	4 definitions apply to IC 13-18:
48	48	5 (1) "Class I wetland" means an isolated wetland described by one
49	49	6 (1) or both that meets all of the following conditions:
50	50	7 (A) At least fifty percent (50%) of the wetland has been
51	51	8 disturbed or affected by human activity or development by one
52	52	9 (1) or more of the following:
53	53	10 (i) Removal or replacement of the natural vegetation.
54	54	11 (ii) Modification of the natural hydrology.
55	55	12 (B) The wetland supports only minimal wildlife or aquatic
56	56	13 habitat or hydrologic function because the wetland does not
57	57	14 provide critical habitat for threatened or endangered species
58	58	15 listed in accordance with the Endangered Species Act of 1973
59	59	16 (16 U.S.C. 1531 et seq.) and the wetland is characterized by at
60	60	17 least one (1) of the following:
61	61	2024 IN 1403—LS 7044/DI 55 2
62	62	1 (i) The wetland is typified by low species diversity.
63	63	2 (ii) The wetland contains greater than fifty percent (50%)
64	64	3 areal coverage of non-native invasive species of vegetation.
65	65	4 (iii) The wetland does not support significant wildlife or
66	66	5 aquatic habitat.
67	67	6 (iv) The wetland does not possess significant hydrologic
68	68	7 function;
69	69	8 (C) The wetland is determined by a hydrologist under
70	70	9 IC 13-18-22-2.1 to possess no significant hydrologic
71	71	10 function.
72	72	11 (2) "Class II wetland" means an isolated wetland that:
73	73	12 (A) supports moderate habitat or hydrological functions,
74	74	13 including an isolated wetland that is dominated by native
75	75	14 species but is generally without:
76	76	15 (A) (i) the presence of; or
77	77	16 (B) (ii) habitat for;
78	78	17 rare, threatened, or endangered species; and or
79	79	18 (B) meets the conditions set forth in subdivision (1)(A) and
80	80	19 (1)(B) but does not meet the condition set forth in
81	81	20 subdivision (1)(C).
82	82	21 (3) "Class III wetland" means an isolated wetland:
83	83	22 (A) that is located in a setting undisturbed or minimally
84	84	23 disturbed by human activity or development and that supports
85	85	24 more than minimal wildlife or aquatic habitat or hydrologic
86	86	25 function; or
87	87	26 (B) that is of one (1) of the following rare and ecologically
88	88	27 important types:
89	89	28 (i) Acid bog.
90	90	29 (ii) Acid seep.
91	91	30 (iii) Circumneutral bog.
92	92	31 (iv) Circumneutral seep.
93	93	32 (v) Cypress swamp.
94	94	33 (vi) Dune and swale.
95	95	34 (vii) Fen.
96	96	35 (viii) Forested fen.
97	97	36 (ix) Forested swamp.
98	98	37 (x) Marl beach.
99	99	38 (xi) Muck flat.
100	100	39 (xii) Panne.
101	101	40 (xiii) Sand flat.
102	102	41 (xiv) Sedge meadow.
103	103	42 (xv) Shrub swamp.
104	104	2024 IN 1403—LS 7044/DI 55 3
105	105	1 (xvi) Sinkhole pond.
106	106	2 (xvii) Sinkhole swamp.
107	107	3 (xviii) Wet floodplain forest.
108	108	4 (xix) Wet prairie.
109	109	5 (xx) Wet sand prairie.
110	110	6 (b) For purposes of this section, a wetland or setting is not
111	111	7 considered disturbed or affected as a result of an action taken after
112	112	8 January 1, 2004, for which a permit is required under IC 13-18-22 but
113	113	9 has not been obtained.
114	114	10 SECTION 2. IC 13-18-22-2, AS AMENDED BY P.L.2-2005,
115	115	11 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116	116	12 JULY 1, 2024]: Sec. 2. (a) The board may shall adopt rules under
117	117	13 IC 4-22-2 and IC 13-14 not later than February 1, 2005, to implement
118	118	14 the part of the definition of Class I wetland under
119	119	15 IC 13-11-2-25.8(a)(1)(B). this chapter.
120	120	16 (b) Before the adoption of rules by the board under subsection (a),
121	121	17 For the purposes of this chapter, the department shall determine
122	122	18 existence of a wetland and the class of a wetland shall be
123	123	19 determined:
124	124	20 (1) in a manner consistent with the definitions of Class I, II, and
125	125	21 III wetlands in IC 13-11-2-25.8; and
126	126	22 (2) through use of:
127	127	23 (A) the National Wetlands Inventory that is produced by
128	128	24 the United States Fish and Wildlife Service and made
129	129	25 available by the department on the Internet for public use;
130	130	26 and
131	131	27 (B) the soil data and other information available through
132	132	28 the Web Soil Survey website operated by the Natural
133	133	29 Resources Conservation Service of the United States
134	134	30 Department of Agriculture.
135	135	31 (c) The classification of an isolated wetland that is based on the
136	136	32 level of disturbance of the wetland by human activity or development
137	137	33 may be improved to a higher numeric class if an action is taken to
138	138	34 restore the isolated wetland, in full or in part, to the conditions that
139	139	35 existed on the isolated wetland before the disturbance occurred.
140	140	36 SECTION 3. IC 13-18-22-2.1 IS ADDED TO THE INDIANA
141	141	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
142	142	38 [EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) A used in this section,
143	143	39 "hydrologic function" means the capacity of a wetland to store
144	144	40 floodwaters by spreading water out over a large, flat area, which
145	145	41 decreases runoff velocity, reduces flood peaks, and distributes
146	146	42 stormflows over longer time periods.
147	147	2024 IN 1403—LS 7044/DI 55 4
148	148	1 (b) As used in this section, "hydrologist" means an individual
149	149	2 who meets at least one (1) of the following qualifications:
150	150	3 (1) Is certified as a hydrologist by the American Institute of
151	151	4 Hydrology.
152	152	5 (2) Is a licensed professional geologist (as defined in
153	153	6 IC 25-17.6-1-6.5) and has one (1) of the following:
154	154	7 (A) A doctoral degree or master's degree in or related to
155	155	8 hydrology.
156	156	9 (B) A master's degree in environmental science or
157	157	10 geoscience with a concentration in hydrology.
158	158	11 (3) Is a professional engineer registered under IC 25-31-1 and
159	159	12 has one (1) of the following:
160	160	13 (A) A doctoral degree or master's degree in or related to
161	161	14 hydrology.
162	162	15 (B) A master's degree in environmental science or
163	163	16 geoscience with a concentration in hydrology.
164	164	17 (c) For a particular wetland to satisfy the condition set forth in
165	165	18 IC 13-11-2-25.8(a)(1)(C) of the definition of Class I wetland, a
166	166	19 hydrologist must determine that the wetland possesses no
167	167	20 significant hydrologic function.
168	168	2024 IN 1403—LS 7044/DI 55