SB 389 IN

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Became Law

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.

• Chris Garten Republican · author
• Linda Rogers Republican · author
• Matt Lehman Republican · sponsor
• Mark Messmer · author

1. Jan 14, 2021 Coauthored by Senators Baldwin, Zay, Sandlin, Doriot, Gaskill, Niemeyer · upper
2. Jan 14, 2021 Authored by Senators Garten, Messmer, Rogers · upper
3. Jan 14, 2021 First reading: referred to Committee on Environmental Affairs · upper
4. Jan 25, 2021 Senator Brown L added as coauthor · upper
5. Jan 25, 2021 Senators Freeman and Koch added as coauthors · upper
6. Jan 25, 2021 Senator Houchin added as coauthor · upper
7. Jan 26, 2021 Committee report: amend do pass, adopted · upper
8. Jan 26, 2021 Senator Busch added as coauthor · upper
9. Jan 26, 2021 Senator Crane added as coauthor · upper
10. Jan 28, 2021 Amendment #1 (Tallian) failed; Roll Call 24: yeas 19, nays 29 · upper
11. Jan 28, 2021 Second reading: ordered engrossed · upper
12. Jan 28, 2021 Senators Buck and Perfect added as coauthors · upper
13. Feb 1, 2021 Third reading: passed; Roll Call 33: yeas 29, nays 19 · upper
14. Feb 1, 2021 House sponsor: Representative Lehman · upper
15. Feb 1, 2021 Cosponsors: Representatives Gutwein and Thompson · upper
16. Feb 1, 2021 Senator Boots added as coauthor · upper
17. Feb 1, 2021 Senators Holdman, Kruse, Tomes, Leising added as coauthors · upper
18. Feb 2, 2021 Referred to the House · upper
19. Mar 2, 2021 First reading: referred to Committee on Environmental Affairs · lower
20. Mar 25, 2021 Representative Morrison added as cosponsor · lower
21. Apr 8, 2021 Committee report: amend do pass, adopted · lower
22. Apr 12, 2021 Amendment #6 (Slager) prevailed; voice vote · lower
23. Apr 12, 2021 Amendment #1 (Lindauer) prevailed; Roll Call 409: yeas 54, nays 42 · lower
24. Apr 12, 2021 Amendment #4 (Leonard) prevailed; Roll Call 410: yeas 61, nays 34 · lower
25. Apr 12, 2021 Second reading: amended, ordered engrossed · lower
26. Apr 13, 2021 Third reading: passed; Roll Call 428: yeas 58, nays 40 · lower
27. Apr 13, 2021 Returned to the Senate with amendments · lower
28. Apr 13, 2021 Motion to concur filed · upper
29. Apr 14, 2021 Senate concurred in House amendments; Roll Call 441: yeas 31, nays 19 · upper
30. Apr 21, 2021 Signed by the President Pro Tempore · upper
31. Apr 22, 2021 Signed by the Speaker · lower
32. Apr 28, 2021 Signed by the President of the Senate · upper
33. Apr 29, 2021 Public Law 160 · upper
34. Apr 29, 2021 Signed by the Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled Senate Bill (S) · Apr 14, 2021 · PDF
• Introduced Senate Bill (S) · Jan 14, 2021 · PDF
• Senate Bill (S) · Jan 26, 2021 · PDF
• Senate Bill (H) · Apr 8, 2021 · PDF
• Engrossed Senate Bill (H) · Apr 13, 2021 · PDF