INDIANAPOLIS — A bill that an environmental group says would weaken protections for Indiana’s wetlands, Senate Bill 229 (http://iga.in.gov/legislative/2020/bills/senate/229), could be taken up by a House Committee as early as next week.
“Given how important lakes are to Northeast Indiana, this bill has special import for places like Steuben County, since wetlands are superb in absorbing floodwater, sediments and pollutants,” said Jesse Kharbanda, executive director of the Hoosier Environmental Council. Founded 37 years ago, HEC is the largest statewide environmental policy organization in Indiana.
“(Senate Bill) 229 would mark a major deregulation of wetlands protections, when Indiana has already lost more than 85% of its original wetlands,” said an HEC news release.
A synopsis of the bill on the Legislature’s website says the legislation “Provides that a permit is not required from the Indiana Department of Environmental Management for the reconstruction or maintenance of regulated drains for purposes of the law concerning state regulated wetlands.”
On Jan. 6, the bill was read to the Committee on Environmental Affairs. It was passed on Jan. 13.
The bill passed the Indiana Senate by a bipartisan vote of 32-18 on Feb. 10. It is now under consideration in the House Local Government Committee.
Rep. Dennis Zent, R-Angola, is the Republican chair of the Local Government Committee.
The bill would exempt reconstruction of regulated drains from Indiana’s Isolated Wetlands law.
“This would be a significant change to Indiana’s Wetlands law as reconstruction of drains includes enlarging, lengthening and even rerouting drains,” said the HEC news release. “Those types of reconstruction activities could cause extensive damage if they involved wetlands.”
Maintenance of drains, like cleaning or removing obstructions, is already exempt.
The Indiana Isolated Wetlands Law was created in 2003 to preserve Indiana wetlands that aren’t federally protected.
The Wetlands Law in its current form does not stop reconstruction of drains. It has a permit process to ensure that wetlands are preserved to the extent possible and replaced when they can’t be preserved. The new bill as proposed would negate the need of an Indiana Department of Environmental Management permit “for the reconstruction or maintenance of regulated drains for purposes of the law concerning state regulated wetlands.”
“As Indiana faces a future of more frequent and more intense storms, wetlands are the most cost effective stormwater infrastructure there is,” said Indra Frank, HEC Director of Environmental Health and Water Policy. “Indiana needs its wetlands because they purify water, absorb excess water which reduces flood risk and provide critical habitat for many species. That’s why the Hoosier Environmental Council is strongly opposed to SB 229.”
Compounding the risks to Indiana’s wetlands, SB 229 will likely cause confusion, says HEC, because the only way to tell if a wetland is state or federally regulated is to request a determination by the U.S. Army Corps of Engineers.
Ohio is currently concentrating on wetlands as well. Constructed wetlands is one solution presented by H2Ohio — Gov. Mike DeWine’s initiative to ensure safe and clean water. In July 2019, the Ohio General Assembly invested $172 million in the plan. Among the efforts are creating or enhancing wetlands to help capture and mitigate phosphorus runoff from farms.
A meeting for Fulton and Williams counties in nearby northwestern Ohio, two of the 14 Ohio counties in the Maumee River Watershed, will be held on Thursday at 6 p.m. in the Kissell Community Building, 509 N. Liberty St., West Unity, Ohio. H2Ohio conservation practices and applying for H2Ohio funds will be discussed.
The Maumee River and watershed spans 25 counties in three states and drains northeast from Indiana to Lake Erie. It includes parts of Steuben County, almost all of DeKalb County and most of Allen County.
Those interested in learning about wetlands protection opportunities and funding in Steuben and DeKalb counties can contact the local Soil and Water Conservation Districts. Steuben County SWCD can be called at 665-3211, ext. 3, and DeKalb County SWCD, at 925-5620.
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