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type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
type title description jurisdiction legislature session identifier citation classification subjects status primary_sponsors version_count action_count vote_count first_action last_action source source_identifier source_url source_hash vintage source_snapshot retrieved_at confidence tags
Bill Wetlands. Amends the law requiring a permit and compensatory mitigation for "wetland activity" (the discharge of dredged or fill material) in a state regulated wetland: (1) by changing the definition of "Class II wetland"; (2) by providing that wetland activity may be conducted without a permit: (A) in a Class I wetland; (B) in a Class II wetland with an area of not more than three-eighths acre; (C) in an ephemeral stream; and (D) in a Class II wetland that is located within the boundaries of a municipality and has an area of not more than three-fourths acre; (3) by providing that a permit is not needed for the development of cropland that has been used for agricultural purposes: (A) in the five years immediately preceding the development; or (B) in the 10 years immediately preceding the development if the United States Army Corps of Engineers has issued a jurisdictional determination confirming that the cropland does not contain wetlands subject to federal jurisdiction; (4) by providing that wetland activity in a Class II wetland with an area of more than three-eighths acre requires an individual permit; (5) by providing that: (A) maintenance of a field tile in a Class II wetland can be conducted with a general permit if certain conditions are met; and (B) 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; (6) by establishing conditions for obtaining a site-specific approval; (7) by eliminating the compensatory mitigation requirements for wetland activity in a Class I wetland; and (8) by requiring the department of environmental management (department) to make a decision to issue or deny an individual permit for wetland activity not later than 90 days (instead of 120 days) after receiving the completed application. Amends the law concerning a certification under Section 401 of the federal Clean Water Act for dredge and fill activity in a federally regulated wetland to require the department to make a final determination not later than 90 days (instead of 120 days) after receiving a completed application if the applicant requests a pre-coordination meeting. Establishes the Indiana wetlands task force, a 14 member body that: (1) is required to study and make recommendations concerning a number of wetlands issues; and (2) not later than November 1, 2022, issue a report to the general assembly and the governor setting forth its recommendations. Requires the department of natural resources to provide staff support to the task force. us/states/in Indiana General Assembly 2021 SB 389 Indiana SB 389 (2021)
bill
ENVIRONMENT generally
NATURAL RESOURCES
State Department of
STUDY COMMITTEES
WETLANDS
enacted
Chris Garten
Linda Rogers
Mark Messmer
Matt Lehman
5 34 1 2021-01-14 2021-04-29 openstates ocd-bill/25fa3700-7173-4138-b199-3d82bbd4a900 http://iga.in.gov/legislative/2021/bills/senate/389 d0cf7e17ea0701aa9b15efb81622926d04cd39a8c408fb2abbf49c5733c50390 2026-07-01 https://data.openstates.org/daily/2026-07-01/public.pgdump 2026-07-06 reported
legislation
bill
us-in

Indiana SB 389 (2021) — Wetlands.

Amends the law requiring a permit and compensatory mitigation for "wetland activity" (the discharge of dredged or fill material) in a state regulated wetland: (1) by changing the definition of "Class II wetland"; (2) by providing that wetland activity may be conducted without a permit: (A) in a Class I wetland; (B) in a Class II wetland with an area of not more than three-eighths acre; (C) in an ephemeral stream; and (D) in a Class II wetland that is located within the boundaries of a municipality and has an area of not more than three-fourths acre; (3) by providing that a permit is not needed for the development of cropland that has been used for agricultural purposes: (A) in the five years immediately preceding the development; or (B) in the 10 years immediately preceding the development if the United States Army Corps of Engineers has issued a jurisdictional determination confirming that the cropland does not contain wetlands subject to federal jurisdiction; (4) by providing that wetland activity in a Class II wetland with an area of more than three-eighths acre requires an individual permit; (5) by providing that: (A) maintenance of a field tile in a Class II wetland can be conducted with a general permit if certain conditions are met; and (B) 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; (6) by establishing conditions for obtaining a site-specific approval; (7) by eliminating the compensatory mitigation requirements for wetland activity in a Class I wetland; and (8) by requiring the department of environmental management (department) to make a decision to issue or deny an individual permit for wetland activity not later than 90 days (instead of 120 days) after receiving the completed application. Amends the law concerning a certification under Section 401 of the federal Clean Water Act for dredge and fill activity in a federally regulated wetland to require the department to make a final determination not later than 90 days (instead of 120 days) after receiving a completed application if the applicant requests a pre-coordination meeting. Establishes the Indiana wetlands task force, a 14 member body that: (1) is required to study and make recommendations concerning a number of wetlands issues; and (2) not later than November 1, 2022, issue a report to the general assembly and the governor setting forth its recommendations. Requires the department of natural resources to provide staff support to the task force.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

  1. Engrossed Senate Bill (H) (committee substitute) — source
  2. Enrolled Senate Bill (S) (committee substitute) — source
  3. Introduced Senate Bill (S) (committee substitute) — source
  4. Senate Bill (H) (committee substitute) — source
  5. Senate Bill (S) (committee substitute) — source

Votes

  • SB 389 - Garten - 3rd Reading — 2919 (pass) · upper

Sponsors

  • Chris Garten — primary (person)
  • Linda Rogers — primary (person)
  • Mark Messmer — primary (person)
  • Matt Lehman — primary (person)
  • Aaron Freeman — coauthor (person)
  • Alan Morrison — cosponsor (person)
  • Andy Zay — coauthor (person)
  • Blake Doriot — coauthor (person)
  • Chip Perfect — coauthor (person)
  • Dennis Kruse — coauthor (person)
  • Doug Gutwein — cosponsor (person)
  • Eric Koch — coauthor (person)
  • Erin Houchin — coauthor (person)
  • Jack Sandlin — coauthor (person)
  • James Buck — coauthor (person)
  • James Tomes — coauthor (person)
  • Jean Leising — coauthor (person)
  • Jeffrey Thompson — cosponsor (person)
  • John Crane — coauthor (person)
  • Justin Busch — coauthor (person)
  • Liz Brown — coauthor (person)
  • Mike Gaskill — coauthor (person)
  • Philip Boots — coauthor (person)
  • Rick Niemeyer — coauthor (person)
  • Scott Baldwin — coauthor (person)
  • Travis Holdman — coauthor (person)

Timeline

The legislative action history — every referral, reading, and vote.

  • 2021-01-14 Coauthored by Senators Baldwin, Zay, Sandlin, Doriot, Gaskill, Niemeyer
  • 2021-01-14 Authored by Senators Garten, Messmer, Rogers
  • 2021-01-14 First reading: referred to Committee on Environmental Affairs reading-1, referral-committee
  • 2021-01-25 Senator Brown L added as coauthor
  • 2021-01-25 Senators Freeman and Koch added as coauthors
  • 2021-01-25 Senator Houchin added as coauthor
  • 2021-01-26 Committee report: amend do pass, adopted committee-passage
  • 2021-01-26 Senator Busch added as coauthor
  • 2021-01-26 Senator Crane added as coauthor
  • 2021-01-28 Amendment #1 (Tallian) failed; Roll Call 24: yeas 19, nays 29 amendment-failure
  • 2021-01-28 Second reading: ordered engrossed reading-2
  • 2021-01-28 Senators Buck and Perfect added as coauthors
  • 2021-02-01 Third reading: passed; Roll Call 33: yeas 29, nays 19 passage, reading-3
  • 2021-02-01 House sponsor: Representative Lehman
  • 2021-02-01 Cosponsors: Representatives Gutwein and Thompson
  • 2021-02-01 Senator Boots added as coauthor
  • 2021-02-01 Senators Holdman, Kruse, Tomes, Leising added as coauthors
  • 2021-02-02 Referred to the House
  • 2021-03-02 First reading: referred to Committee on Environmental Affairs reading-1, referral-committee
  • 2021-03-25 Representative Morrison added as cosponsor
  • 2021-04-08 Committee report: amend do pass, adopted committee-passage
  • 2021-04-12 Amendment #6 (Slager) prevailed; voice vote amendment-failure, amendment-passage
  • 2021-04-12 Amendment #1 (Lindauer) prevailed; Roll Call 409: yeas 54, nays 42 amendment-failure, amendment-passage
  • 2021-04-12 Amendment #4 (Leonard) prevailed; Roll Call 410: yeas 61, nays 34 amendment-failure, amendment-passage
  • 2021-04-12 Second reading: amended, ordered engrossed reading-2
  • 2021-04-13 Third reading: passed; Roll Call 428: yeas 58, nays 40 passage, reading-3
  • 2021-04-13 Returned to the Senate with amendments amendment-failure
  • 2021-04-13 Motion to concur filed
  • 2021-04-14 Senate concurred in House amendments; Roll Call 441: yeas 31, nays 19 amendment-failure
  • 2021-04-21 Signed by the President Pro Tempore
  • 2021-04-22 Signed by the Speaker
  • 2021-04-28 Signed by the President of the Senate
  • 2021-04-29 Public Law 160
  • 2021-04-29 Signed by the Governor executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/25fa3700-7173-4138-b199-3d82bbd4a900. Confidence: reported (aggregated from official Indiana legislature records).