SB 389 Indiana Senate · 2021 Regular Session

Wetlands.

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Apr 2021
Committee Review
Apr 2021
Senate Passage
Feb 2021
House Passage
Apr 2021
Signed into Law
Apr 2021
Introduced Apr 13, 2021 Signed Apr 29, 2021
Floor votes · Senate Feb 1, 2021

How they voted

2214
Passed · 2 other
Total votes 38
Feb 1, 2021
D Democratic8
7 Nay 1
87% Nay
R Republican30
22 Yea 7 Nay 1
73% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
34
Key actions
5
Committee
3
Amendments
6
Apr 29, 2021
Signed into law
Signed by the Governor
executive
Apr 14, 2021
Amended
Senate concurred in House amendments; Roll Call 441: yeas 31, nays 19
upper
Apr 13, 2021
Introduced
Motion to concur filed
upper
Apr 13, 2021
Amended
Returned to the Senate with amendments
lower
Apr 13, 2021
Lower · Passed
Third reading: passed; Roll Call 428: yeas 58, nays 40
lower
Apr 12, 2021
Amended
Amendment #4 (Leonard) prevailed; Roll Call 410: yeas 61, nays 34
lower
Apr 12, 2021
Amended
Amendment #1 (Lindauer) prevailed; Roll Call 409: yeas 54, nays 42
lower
Apr 12, 2021
Amended
Amendment #6 (Slager) prevailed; voice vote
lower
Apr 8, 2021
Lower · Passed
Committee report: amend do pass, adopted
lower
Feb 2, 2021
Committee
Referred to the House
upper
Feb 1, 2021
Upper · Passed
Third reading: passed; Roll Call 33: yeas 29, nays 19
upper
Jan 28, 2021
Amended
Amendment #1 (Tallian) failed; Roll Call 24: yeas 19, nays 29
upper
Jan 26, 2021
Upper · Passed
Committee report: amend do pass, adopted
upper
3 primary · 22 co-sponsors

Sponsors