Stay Informed

A bill supported by Indiana Farm Bureau during the 2021 session that streamlines wetlands regulations and allows farmers to more effectively and productively manage their operations was signed into law by the governor.

As introduced, Senate Bill 389 would have repealed Indiana’s regulations over isolated wetlands, which are wetlands not subject to federal jurisdiction. “INFB supported SEA 389 as it was filed, but as the bill moved through the legislative process, we worked with legislators, the Indiana Department of Environmental Management and conservation advocates on a compromised version of the bill,” said Jeff Cummins, INFB associate director of policy engagement. “The compromise was needed to ensure there was a balance between the overreaching regulations and conservation of our critical natural resources.”

It’s important to note that SEA 389, as filed and passed, is about isolated wetlands. It’s not about larger wetland features along rivers and streams.

To further explain SEA 389 and its impact on agriculture, Brianna Schroeder with Janzen Ag Law recently published a blog titled “How Will Indiana's Isolated Wetlands Act Impact Agriculture?”

In the blog, Schroeder highlights the four main provisions of SEA 389.

• A permit is not needed for the development of cropland that has been used for agricultural purposes in (A) the last five years; or (B) the past 10 years if the Army Corps has issued a jurisdictional determination confirming the cropland does not contain federally regulated wetlands.
• The legislation also amends the law so that maintenance of a field tile in a Class II wetland can be conducted with a general permit if certain conditions are met, and maintenance of a field tile in a Class III wetland can be conducted with a general permit if certain conditions are met and the applicant obtains a site-specific approval.
• IDEM is now required to make a decision on a wetlands permit within 90 days instead of 120 days.
• Landowners and farmers will no longer need a permit for the development of a Class I or small Class II isolated wetland.

Now that the law is in effect, it’s still critical for INFB members to do their due diligence to find out if a wetland exists on their property.

“If a member is unsure if a wetland exists on their property, it’s better to find out before any work is done, and if it’s a wetland, it’s important to know whether it falls under state or federal jurisdiction,” said Cummins. “INFB encourages members to use www.waterways.in.gov, a useful tool to help members identify the types of  permits needed from IDEM or DNR for the project.”

INFB also has compiled a list of consultants to help members obtain an independent report. For the list of consultants or any questions about the new law, reach out to Jeff Cummins at jcummins@infb.org.  

Classifying Indiana Wetlands

Indiana has three classes of wetlands:

• Class I wetlands are those that have been disturbed or affected by human activity or development or that do not support native or endangered species.
• Class II support a moderate habitat by native species.
• Class III are minimally disturbed wetlands that support wildlife or aquatic habitat for rare and ecologically important organisms.