Chris Garten
- Republican
- Senator
- District 45
Author
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.
Signed by the Governor
Public Law 160
Signed by the President of the Senate
Signed by the Speaker
Signed by the President Pro Tempore
Senate concurred in House amendments; Roll Call 441: yeas 31, nays 19
Returned to the Senate with amendments
Motion to concur filed
Third reading: passed; Roll Call 428: yeas 58, nays 40
Amendment #6 (Slager) prevailed; voice vote
Second reading: amended, ordered engrossed
Amendment #4 (Leonard) prevailed; Roll Call 410: yeas 61, nays 34
Amendment #1 (Lindauer) prevailed; Roll Call 409: yeas 54, nays 42
Committee report: amend do pass, adopted
Representative Morrison added as cosponsor
First reading: referred to Committee on Environmental Affairs
Referred to the House
Third reading: passed; Roll Call 33: yeas 29, nays 19
Senators Holdman, Kruse, Tomes, Leising added as coauthors
Senator Boots added as coauthor
Cosponsors: Representatives Gutwein and Thompson
House sponsor: Representative Lehman
Second reading: ordered engrossed
Senators Buck and Perfect added as coauthors
Amendment #1 (Tallian) failed; Roll Call 24: yeas 19, nays 29
Senator Busch added as coauthor
Senator Crane added as coauthor
Committee report: amend do pass, adopted
Senators Freeman and Koch added as coauthors
Senator Houchin added as coauthor
Senator Brown L added as coauthor
Authored by Senators Garten, Messmer, Rogers
First reading: referred to Committee on Environmental Affairs
Coauthored by Senators Baldwin, Zay, Sandlin, Doriot, Gaskill, Niemeyer
| Bill Text Versions | Format |
|---|---|
| Introduced Senate Bill (S) | |
| Senate Bill (S) | |
| Senate Bill (H) | |
| Engrossed Senate Bill (H) | |
| Enrolled Senate Bill (S) |
| Document | Format |
|---|---|
| Fiscal Note: SB0389.05.ENRH.FN001 |
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