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As introduced, Senate Bill 389 would have repealed Indiana’s regulations over isolated wetlands, which are wetlands not subject to federal jurisdiction.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.
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: