On July 1st, the Indiana Senate Enrolled Bill 389 Takes Effect – Understand How This Impacts Your Project
IDEM will no longer regulate impacts to:
- Class I isolated wetlands;
- 3/8 acre or smaller Class II isolated wetlands (used to be 1/4 acre or smaller);
- 3/4 acre or smaller Class II isolated wetlands that are situated within municipal boundaries when the impacts consist of dredge and fill;
- Ephemeral streams that are not regulated by the US Army Corps of Engineers (USACE);
- Isolated wetlands on cropland that has been farmed within the five years preceding impacts;
- Isolated wetlands on cropland that the USACE has issued a jurisdictional determination finding that no federally regulated wetlands were on-site within the 10 years preceding impacts.
IDEM will require a general permit for:
- Class II isolated wetland impacts associated with field tile maintenance if such maintenance is needed to restore drainage on adjacent land and does not drain the wetland;
- Class III isolated wetland impacts associated with field tile maintenance if such maintenance is needed to restore drainage on adjacent land and does not drain the wetland;
- In these cases, IDEM must issue a site-specific approval before maintenance can begin;
- General permits will use this time frame: Authorized on the 31st day after the IDEM receives a notice of intent.
Individual permits will use these time frames:
- IDEM will issue or deny an individual permit within 90 days vs. the prior 120-day time frame.
An individual permit is considered approved if IDEM does not issue or deny it within 90 days
- IDEM will advise an applicant that their application is deficient within 15 days. An application
will be considered sufficient if IDEM does not advise the applicant of a deficiency within
15 days of receipt of the application.
Regulatory Services Group Leader
Tom Slowinski, P.W.S.
Wetlands & Ecology Technical Director
Scott Brejcha, P.W.S.
Wetland Group Leader