§ 13-11-2-25.8 — "Class I wetland"; "Class II wetland"; "Class III wetland"

Indiana § 13-11-2-25.8

• Jurisdiction: Indiana
• Art. 11: DEFINITIONS

Text

8. (a) For purposes of IC 13-18:
(1) "Class I wetland" means an isolated wetland described by one
(1) or both of the following:
(A) At least fifty percent (50%) of the wetland has been
disturbed or affected by human activity or development by one
(1) or more of the following:
(i) Removal or replacement of the natural vegetation.
(ii) Modification of the natural hydrology.
(B) The wetland supports only minimal wildlife or aquatic
habitat or hydrologic function because the wetland does not
provide critical habitat for threatened or endangered species
listed in accordance with the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) and the wetland is characterized by at
least one (1) of the following:
(i) The wetland is typified by low species diversity.
(ii) The wetland contains greater than fifty percent (50%)
areal coverage of non-native invasive species of vegetation.
(iii) The wetland does not support significant wildlife or
aquatic habitat.
(iv) The wetland does not possess significant hydrologic
function;
(2) "Class II wetland" means one (1) of the following:
(A) An isolated wetland that supports moderate habitat or
hydrological functions, including an isolated wetland that is
dominated by native species but is generally without:
(i) the presence of; or
(ii) habitat for;
rare, threatened, or endangered species.
(B) A type of wetland listed in subdivision (3)(B)(i) through
(3)(B)(vi) that:
(i) is located in a setting more than minimally disturbed by
human activity or development; or
(ii) supports less than minimal wildlife or aquatic habitat or
hydrologic function.
(3) "Class III wetland" means an isolated wetland:
(A) that is at least one (1) of the following rare and ecologically
important types:
(i) Acid bog.
(ii) Acid seep.
(iii) Circumneutral bog.
(iv) Circumneutral seep.
(v) Cypress swamp.
(vi) Dune and swale.
(vii) Fen.
(viii) Forested fen.
(ix) Marl beach.
(x) Muck flat.
(xi) Panne.
(xii) Sand flat.
(xiii) Sinkhole pond.
(xiv) Sinkhole swamp; or
(B) that is located in a setting undisturbed or minimally
disturbed by human activity or development and that supports
more than minimal wildlife or aquatic habitat or hydrologic
function and that is at least one (1) of the following rare and
ecologically important types:
(i) Forested swamp.
(ii) Sedge meadow.
(iii) Shrub swamp.
(iv) Wet floodplain forest.
(v) Wet prairie.
(vi) Wet sand prairie.
(b) For purposes of this section, a wetland or setting is not
considered disturbed or affected as a result of an action taken after
January 1, 2004, for which a permit is required under IC 13-18-22 but
has not been obtained.
(c) A wetland shall be classified by the function of the wetland prior
to an impact if the impact:
(1) lowered hydrology or habitat function in the wetland; and
(2) would result in a lower classification but for this subsection.

Legislative History

As added by P.L.282-2003, SEC.21. Amended by P.L.52-2004, SEC.1; P.L.160-2021, SEC.1; P.L.1-2024, SEC.1.