§ 13-18-22-4 — General permits for wetland activities; adoption of rules

Indiana § 13-18-22-4

• Jurisdiction: Indiana
• Art. 18: WATER POLLUTION CONTROL
• Ch. 22: State Regulated Wetlands

Text

(a) The following shall be authorized by a
general permit:
(1) The maintenance of a field tile within a Class II wetland.
However, the maintenance described in this subdivision may be
authorized only if the field tile:
(A) is necessary to restore drainage of land adjacent to the
wetland; and
(B) does not have the effect of draining the wetland.
(2) Dredge and fill activities with minimal impact that are at or
below impact thresholds, including the activities analogous to
those allowed under the nationwide permit program (as published
in 67 Fed. Reg. 2077-2089 (2002)).
(b) The maintenance of a field tile in a Class I wetland does not
require a permit.
(c) The board may adopt rules under IC 4-22-2 and IC 13-14 to
establish and implement the general permits described in subsection
(a).
(d) The department may not authorize a wetlands activity described
in subsection (a) unless the applicant:
(1) identifies the water to be affected by the activity; and
(2) provides a compensatory mitigation plan as set forth in section
6 of this chapter.

Legislative History

As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.7; P.L.160-2021, SEC.9; P.L.1-2024, SEC.7.