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Holcomb Signs Bill Diminishing Indiana Wetland Protections
By: Beth Swary - Wednesday, February 14, 2024

Indianapolis- Indiana Gov. Eric Holcomb passed his first bill of 2024, rolling back the protections of Indiana's wetlands.

House Enrolled Act 1383 hinders the already eroding wetlands protections by redefining certain, protected wetlands to a less regulated class.

Indiana’s wetlands are grouped into three tiers by the state and only the highest ranked Class III wetlands receive full protections.

Class II wetlands have fewer protections, and Class I wetlands have none.

The current system went into effect in 2022.

The 2024 bill will redefine select Class III wetlands as Class II

The Hoosier Environmental Council stated since the 2022 law took effect, 75 percent of the wetland acres impacted by construction have been lost with no mitigation or replacement of their lost function.

Compounding that loss of wetland protections, the U.S. Supreme Court ruled in 2023 that federal protections for wetlands under the Clean Water Act only apply to those with a continuous surface connection to federally protected waterways that make them “indistinguishable” from those waters.

Environmental groups and experts note that wetlands are vital for soaking up excess nutrients in soil — especially elements like nitrogen and phosphorus, which are common ingredients in fertilizer that can leach from farmland — and preventing them from creating problems elsewhere.

Wetlands also catch and hold excess stormwater, reducing flooding on that landscape.

They also help cleanse underground aquifers and according to the Indiana Department of Environmental Management 70 percent of Indiana residents rely on groundwater for at least part of their drinking water supply.

The bill moved on a 64-30 vote in the House on Jan. 23 followed by a 32-17 vote in the Senate on Feb. 6, both with bipartisan opposition.

Details provided by the Indiana Capital Chronicle



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