Indiana § 13-18-22-5 Wetland permit requirements; permit exceptions

Indiana Statutes

§ 13-18-22-5 — Wetland permit requirements; permit exceptions

Indiana·Art. 18 WATER POLLUTION CONTROL·Ch. 22 State Regulated Wetlands

(a)An applicant for a permit issued under this chapter:

(1)must demonstrate, as a prerequisite to the issuance of the permit, that wetland activity:

(A)is:

(i)without reasonable alternative; and

(ii)reasonably necessary or appropriate; to achieve a legitimate use proposed by the applicant on the property on which the wetland is located; and

(B)for a Class III wetland, is without practical alternative and will be accompanied by taking steps that are practicable and appropriate to minimize potential adverse impacts of the discharge on the aquatic ecosystem of the wetland; and

(2)except as provided in subsection (b), must establish that compensatory mitigation will be provided as set forth in section 6 of this chapter to reasonably offset the loss of wetlands allowed by the permits. Th

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(a) An applicant for a permit issued under this
chapter:
(1) must demonstrate, as a prerequisite to the issuance of the
permit, that wetland activity:
(A) is:
(i) without reasonable alternative; and
(ii) reasonably necessary or appropriate;
to achieve a legitimate use proposed by the applicant on the
property on which the wetland is located; and
(B) for a Class III wetland, is without practical alternative and
will be accompanied by taking steps that are practicable and
appropriate to minimize potential adverse impacts of the
discharge on the aquatic ecosystem of the wetland; and
(2) except as provided in subsection (b), must establish that
compensatory mitigation will be provided as set forth in section
6 of this chapter to reasonably offset the loss of wetlands allowed
by the permits.
The department or the board may prescribe additional conditions on
applicants that are reasonable and necessary to carry out the purposes
of this chapter.
(b) The commissioner may approve exceptions to compensatory
mitigation in specific, limited circumstances.
(c) For purposes of subsection (a)(1)(A):
(1) a resolution of the executive of the county or municipality in
which the wetland is located; or
(2) a permit or other approval from a local government entity
having authority over the proposed use of the property on which
the wetland is located;
that includes a specific finding that the wetland activity is as described
in subsection (a)(1)(A) is considered conclusive evidence of that fact.

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