Introduced Version
HOUSE BILL No. 1403
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-11-2-25.8; IC 13-18-22.
Synopsis: Determining existence and class of wetlands. Amends the
definition of Class I wetland to provide that, to be categorized as a
Class I wetland, a wetland must be determined by a hydrologist to
possess no significant hydrologic function. Defines "hydrologic
function" as the capacity of a wetland to store floodwaters by spreading
water out over a large, flat area, which decreases runoff velocity,
reduces flood peaks, and distributes stormflows over longer time
periods. Provides that a wetland that meets the other conditions of the
definition of "Class I wetland" but is not determined by a hydrologist
to possess no significant hydrologic function is a Class II wetland.
Provides that, for purposes of the law on state regulated wetlands, the
existence of a wetland and the wetland class of a wetland shall be
determined through use of: (1) the National Wetlands Inventory
produced by the United States Fish and Wildlife Service and made
available by the department of environmental management on the
Internet for public use; and (2) the soil data and other information
available through the Web Soil Survey website operated by the Natural
Resources Conservation Service of the United States Department of
Agriculture.
Effective: July 1, 2024.
Boy
January 11, 2024, read first time and referred to Committee on Environmental Affairs.
2024 IN 1403—LS 7044/DI 55 Introduced
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. 1403
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 The following
4 definitions apply to IC 13-18:
5 (1) "Class I wetland" means an isolated wetland described by one
6 (1) or both that meets all of the following conditions:
7 (A) At least fifty percent (50%) of the wetland has been
8 disturbed or affected by human activity or development by one
9 (1) or more of the following:
10 (i) Removal or replacement of the natural vegetation.
11 (ii) Modification of the natural hydrology.
12 (B) The wetland supports only minimal wildlife or aquatic
13 habitat or hydrologic function because the wetland does not
14 provide critical habitat for threatened or endangered species
15 listed in accordance with the Endangered Species Act of 1973
16 (16 U.S.C. 1531 et seq.) and the wetland is characterized by at
17 least one (1) of the following:
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1 (i) The wetland is typified by low species diversity.
2 (ii) The wetland contains greater than fifty percent (50%)
3 areal coverage of non-native invasive species of vegetation.
4 (iii) The wetland does not support significant wildlife or
5 aquatic habitat.
6 (iv) The wetland does not possess significant hydrologic
7 function;
8 (C) The wetland is determined by a hydrologist under
9 IC 13-18-22-2.1 to possess no significant hydrologic
10 function.
11 (2) "Class II wetland" means an isolated wetland that:
12 (A) supports moderate habitat or hydrological functions,
13 including an isolated wetland that is dominated by native
14 species but is generally without:
15 (A) (i) the presence of; or
16 (B) (ii) habitat for;
17 rare, threatened, or endangered species; and or
18 (B) meets the conditions set forth in subdivision (1)(A) and
19 (1)(B) but does not meet the condition set forth in
20 subdivision (1)(C).
21 (3) "Class III wetland" means an isolated wetland:
22 (A) that is located in a setting undisturbed or minimally
23 disturbed by human activity or development and that supports
24 more than minimal wildlife or aquatic habitat or hydrologic
25 function; or
26 (B) that is of one (1) of the following rare and ecologically
27 important types:
28 (i) Acid bog.
29 (ii) Acid seep.
30 (iii) Circumneutral bog.
31 (iv) Circumneutral seep.
32 (v) Cypress swamp.
33 (vi) Dune and swale.
34 (vii) Fen.
35 (viii) Forested fen.
36 (ix) Forested swamp.
37 (x) Marl beach.
38 (xi) Muck flat.
39 (xii) Panne.
40 (xiii) Sand flat.
41 (xiv) Sedge meadow.
42 (xv) Shrub swamp.
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1 (xvi) Sinkhole pond.
2 (xvii) Sinkhole swamp.
3 (xviii) Wet floodplain forest.
4 (xix) Wet prairie.
5 (xx) Wet sand prairie.
6 (b) For purposes of this section, a wetland or setting is not
7 considered disturbed or affected as a result of an action taken after
8 January 1, 2004, for which a permit is required under IC 13-18-22 but
9 has not been obtained.
10 SECTION 2. IC 13-18-22-2, AS AMENDED BY P.L.2-2005,
11 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 2. (a) The board may shall adopt rules under
13 IC 4-22-2 and IC 13-14 not later than February 1, 2005, to implement
14 the part of the definition of Class I wetland under
15 IC 13-11-2-25.8(a)(1)(B). this chapter.
16 (b) Before the adoption of rules by the board under subsection (a),
17 For the purposes of this chapter, the department shall determine
18 existence of a wetland and the class of a wetland shall be
19 determined:
20 (1) in a manner consistent with the definitions of Class I, II, and
21 III wetlands in IC 13-11-2-25.8; and
22 (2) through use of:
23 (A) the National Wetlands Inventory that is produced by
24 the United States Fish and Wildlife Service and made
25 available by the department on the Internet for public use;
26 and
27 (B) the soil data and other information available through
28 the Web Soil Survey website operated by the Natural
29 Resources Conservation Service of the United States
30 Department of Agriculture.
31 (c) The classification of an isolated wetland that is based on the
32 level of disturbance of the wetland by human activity or development
33 may be improved to a higher numeric class if an action is taken to
34 restore the isolated wetland, in full or in part, to the conditions that
35 existed on the isolated wetland before the disturbance occurred.
36 SECTION 3. IC 13-18-22-2.1 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) A used in this section,
39 "hydrologic function" means the capacity of a wetland to store
40 floodwaters by spreading water out over a large, flat area, which
41 decreases runoff velocity, reduces flood peaks, and distributes
42 stormflows over longer time periods.
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1 (b) As used in this section, "hydrologist" means an individual
2 who meets at least one (1) of the following qualifications:
3 (1) Is certified as a hydrologist by the American Institute of
4 Hydrology.
5 (2) Is a licensed professional geologist (as defined in
6 IC 25-17.6-1-6.5) and has one (1) of the following:
7 (A) A doctoral degree or master's degree in or related to
8 hydrology.
9 (B) A master's degree in environmental science or
10 geoscience with a concentration in hydrology.
11 (3) Is a professional engineer registered under IC 25-31-1 and
12 has one (1) of the following:
13 (A) A doctoral degree or master's degree in or related to
14 hydrology.
15 (B) A master's degree in environmental science or
16 geoscience with a concentration in hydrology.
17 (c) For a particular wetland to satisfy the condition set forth in
18 IC 13-11-2-25.8(a)(1)(C) of the definition of Class I wetland, a
19 hydrologist must determine that the wetland possesses no
20 significant hydrologic function.
2024 IN 1403—LS 7044/DI 55