Indiana’s wetlands are under attack by the Indiana legislature through the proposed Senate Bill 389. This bill would eliminate the state’s Isolated Wetland Protection Program, which currently protects 80% of Indiana’s wetlands from development. The other 20% have federal protection, which would not change with this proposed legislation’s passing.
Proponents of the bill include developers and businesses who believe the protections add unnecessary red tape to their developments, costing them additional time and money. However, opponents say that eliminating protection for most of the isolated wetlands could negatively affect the environment of Indiana, from increasing the likelihood of flooding to reducing the population of ducks.
Despite the name of isolated wetlands, these land areas are still connected to the Indiana waterways. Wetlands can help to filter pollution from surface water before it reaches the groundwater, making them essential for keeping Indiana’s water supply safe for drinking.
Although several conservationist groups work tirelessly to protect the wetlands, like Ducks Unlimited, they rely on public funding and the current state legislation’s protection. The current laws require developers to survey the land to determine if there are any isolated wetlands present. If the surveyors find wetlands, the developers must apply for a permit. Even if they receive a permit, they must mitigate wetlands in the same watershed.
A developer or farmer can either create new wetlands or pay a fee to the Department of Natural Resources, which then mitigates the wetlands for the developer. The proposed bill eliminates this requirement, which can become costly for developers, with some permits requiring them to mitigate four wetlands for every one they destroy. It can cost developers around $90,000 per acre of wetlands to mitigate, making it challenging for small-time farmers to build on wetlands.
Proponents of the bill argue that it protects developers and can help solve the housing crisis in Indiana by bringing down housing costs, while opponents believe it could have disastrous effects on the Indiana water supply and environment. Many proponents of the bill believe that the current legislation is too strict and too costly and argue that it goes against Indiana’s policy of not having stricter regulations than the federal government. However, since the Trump Administration removed most wetlands restrictions, there is no federal regulation concerning isolated wetlands.
Although not set, the Indiana House will likely debate this bill in early April. The Senate has already approved it.
