republic-os/legislation/us/states/in/2021/sb-389.md

---
type: "Bill"
title: "Wetlands."
description: "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."
jurisdiction: "us/states/in"
legislature: "Indiana General Assembly"
session: "2021"
identifier: "SB 389"
citation: "Indiana SB 389 (2021)"
classification: ["bill"]
subjects: ["ENVIRONMENT generally", "NATURAL RESOURCES", "State Department of", "STUDY COMMITTEES", "WETLANDS"]
status: "enacted"
primary_sponsors: ["Chris Garten", "Linda Rogers", "Mark Messmer", "Matt Lehman"]
version_count: 5
action_count: 34
vote_count: 1
first_action: "2021-01-14"
last_action: "2021-04-29"
source: "openstates"
source_identifier: "ocd-bill/25fa3700-7173-4138-b199-3d82bbd4a900"
source_url: "http://iga.in.gov/legislative/2021/bills/senate/389"
source_hash: "d0cf7e17ea0701aa9b15efb81622926d04cd39a8c408fb2abbf49c5733c50390"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["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](http://in-proxy.openstates.org/2021/bills/SB0389/versions/SB0389.04.ENGH)
2. **Enrolled Senate Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2021/bills/SB0389/versions/SB0389.05.ENRH)
3. **Introduced Senate Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2021/bills/SB0389/versions/SB0389.01.INTR)
4. **Senate Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2021/bills/SB0389/versions/SB0389.03.COMH)
5. **Senate Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2021/bills/SB0389/versions/SB0389.02.COMS)

## Votes

- SB 389 - Garten - 3rd Reading — **29–19** (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](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/25fa3700-7173-4138-b199-3d82bbd4a900`. Confidence: reported (aggregated from official Indiana legislature records).