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ARTICLE · 04 MAY 2021

Indiana's State-Regulated Wetlands Bill Signed Into Law By Governor

On Thursday, April 29, Gov. Eric Holcomb signed into law Senate Enrolled Act 389, despite objections presented by hundreds of environmental organizations...

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On Thursday, April 29, Gov. Eric Holcomb signed into law Senate Enrolled Act 389, despite objections presented by hundreds of environmental organizations, hunting groups, and wildlife advocates who felt the bill would strip protections for many of Indiana's wetlands. The full Senate Bill 389 can be found here.

One major impact of this bill is that Class I wetlands are no longer regulated. Disturbing a Class I wetland no longer requires compensatory mitigation. Class I wetlands are generally low-quality wetlands that have been partially disturbed by human activity or minimally support wildlife or aquatic habitat. According to the Indiana Department of Environmental Management, Class I wetlands account for 58% of the state's remaining wetlands and Class II wetlands make up 41%. Further, the definition of Class II wetland has been limited to an isolated wetland that supports moderate habitat or hydrological function.

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