*NEW* Indiana Senate Enrolled Bill 389 Takes Effect July 1st

June 15, 2021

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.

 

Jeff Moody
Regulatory Services Group Leader
Mobile: 317.490.4148
Email: jmoody@v3co.com

 

 

Tom Slowinski, P.W.S.
Wetlands & Ecology Technical Director
Mobile: 630.330.0035
Email: tslowinski@v3co.com

 

 

Scott Brejcha, P.W.S.
Wetland Group Leader
Mobile: 630.675.8584
Email: sbrejcha@v3co.com