SB 389

  • Indiana Senate Bill
  • 2021 Regular Session
  • Introduced in Senate
  • Passed Senate Feb 01, 2021
  • Passed House Apr 13, 2021
  • Governor

Abstract

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 Sponsors (26)

Votes


Actions


Apr 14, 2021

Senate

Senate concurred in House amendments; Roll Call 441: yeas 31, nays 19

Apr 13, 2021

House

Third reading: passed; Roll Call 428: yeas 58, nays 40

Senate

Motion to concur filed

House

Returned to the Senate with amendments

Apr 12, 2021

House

Amendment #4 (Leonard) prevailed; Roll Call 410: yeas 61, nays 34

House

Second reading: amended, ordered engrossed

House

Amendment #1 (Lindauer) prevailed; Roll Call 409: yeas 54, nays 42

House

Amendment #6 (Slager) prevailed; voice vote

Apr 08, 2021

House

Committee report: amend do pass, adopted

Mar 25, 2021

House

Representative Morrison added as cosponsor

Mar 02, 2021

House

First reading: referred to Committee on Environmental Affairs

  • Reading-1
  • Referral-Committee
environmental affairs

Feb 02, 2021

Senate

Referred to the House

Feb 01, 2021

Senate

Cosponsors: Representatives Gutwein and Thompson

Senate

Third reading: passed; Roll Call 33: yeas 29, nays 19

Senate

House sponsor: Representative Lehman

Senate

Senator Boots added as coauthor

Senate

Senators Holdman, Kruse, Tomes, Leising added as coauthors

Jan 28, 2021

Senate

Senators Buck and Perfect added as coauthors

Senate

Second reading: ordered engrossed

Senate

Amendment #1 (Tallian) failed; Roll Call 24: yeas 19, nays 29

Jan 26, 2021

Senate

Committee report: amend do pass, adopted

Senate

Senator Crane added as coauthor

Senate

Senator Busch added as coauthor

Jan 25, 2021

Senate

Senators Freeman and Koch added as coauthors

Senate

Senator Houchin added as coauthor

Senate

Senator Brown L added as coauthor

Jan 14, 2021

Senate

Authored by Senators Garten, Messmer, Rogers

Senate

First reading: referred to Committee on Environmental Affairs

  • Reading-1
  • Referral-Committee
environmental affairs

Senate

Coauthored by Senators Baldwin, Zay, Sandlin, Doriot, Gaskill, Niemeyer

Bill Text

Bill Text Versions Format
Introduced Senate Bill (S) PDF
Senate Bill (S) PDF
Senate Bill (H) PDF
Engrossed Senate Bill (H) PDF
Enrolled Senate Bill (S) PDF

Related Documents

Document Format
No related documents.

Sources

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