Indiana § 13-18-22-9 Designation of Class III wetland as outstanding state protected wetland;
rules; restrictions on wetland owner; rescission of designation

Indiana Statutes

§ 13-18-22-9 — Designation of Class III wetland as outstanding state protected wetland; rules; restrictions on wetland owner; rescission of designation

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

(a)The owner of a Class III wetland may petition the board for designation of the wetland as an outstanding state protected wetland. Upon verification by the board that the wetland is a Class III wetland and that the petitioner is the owner of the wetland, the board shall conduct a proceeding under IC 4-22-2 and IC 13-14 to adopt a rule designating the wetland as an outstanding state protected wetland.

(b)A rule adopted by the board under subsection (a) must specifically identify each wetland to be designated as an outstanding state protected wetland, including:

(1)the wetland type;

(2)a legal description of the wetland as delineated; and

(3)other information considered necessary by the board.

(c)The owner of a Class III wetland designated as an outstanding state protected wetland un

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(a) The owner of a Class III wetland may
petition the board for designation of the wetland as an outstanding state
protected wetland. Upon verification by the board that the wetland is
a Class III wetland and that the petitioner is the owner of the wetland,
the board shall conduct a proceeding under IC 4-22-2 and IC 13-14 to
adopt a rule designating the wetland as an outstanding state protected
wetland.
(b) A rule adopted by the board under subsection (a) must
specifically identify each wetland to be designated as an outstanding
state protected wetland, including:
(1) the wetland type;
(2) a legal description of the wetland as delineated; and
(3) other information considered necessary by the board.
(c) The owner of a Class III wetland designated as an outstanding
state protected wetland under this section shall:
(1) not cause or allow any anthropogenic activities on the property
on which the wetland is located that may adversely affect or
degrade the wetland, except for activities with minimal and short
term effect, such as construction of an observation pathway or
installation of an underground pipeline that are:
(A) authorized by rules adopted by the board; or
(B) approved by the department in the absence of rules under
clause (A); and
(2) provide for the long term assurance of the protections
described in subdivision (1) through:
(A) a restrictive covenant that is recorded with respect to the
property on which the delineated wetland is located; or
(B) a grant of title to or a conservation easement in the
property on which the delineated wetland is located to:
(i) the department of natural resources; or
(ii) a nonprofit entity with demonstrated ability in the
maintenance and protection of wetlands.
(d) Notwithstanding the designation of a wetland under this section
by the board as an outstanding state protected wetland, the owner of a
Class III wetland may petition the board for rescission of the
designation if the owner can demonstrate important social or economic
needs that warrant adverse effects to the wetland. In its review of the
petition, the board shall give great weight to a resolution of the
legislative body of the municipality or county in which the Class III
wetland is located describing important social or economic needs, the
accomplishment of which would necessitate adverse effects to the
wetland.

Indiana § 13-18-22-9 (Designation of Class III wetland as outstanding state protected wetland; rules; restrictions on wetland owner; rescission of designation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.