By State Sen. Mark Messmer (R-Jasper)
In recent years, wetland regulations have become burdensome to property owners across Indiana.
After a 2023 U.S. Supreme Court ruling struck down a federal government policy that had expanded the federal government's jurisdiction over wetlands, many more properties instead became subject to state regulation.
As a result, the Indiana Department of Environmental Management worked with groups representing property owners and conservationists to come up with reforms to our state's laws on isolated wetlands.
House Enrolled Act 1383 gives Hoosier property owners more options to mitigate development of an isolated wetland on their property and narrows the definition of Class III wetlands to focus on the rarest and most ecologically significant wetlands in Indiana.
With more options to mitigate these wetlands, property owners will be allowed to count restoration of already degraded wetlands toward mitigation of new development, which in turn could lead to increasing the number of protected wetlands across the state.
This new law also allows some properties considered Class III wetlands to be considered Class II wetlands, which are subject to less regulation, but only if they had already been disturbed by human development, support less than minimal wildlife or aquatic habitat, or support less than minimal hydraulic function.
This helps balance the interest between environmental protection and regulatory costs to property owners if the wetlands on a property have already been impacted by human development.
House Enrolled Act 1383 went into effect on July 1.
As always, constituents can reach out to me with any questions or concerns they may have by filling out a "Contact Me" form on the IndianaSenateRepublicans.com/Messmer website or by phone at 800-382-9467.
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State Sen. Mark Messmer (R-Jasper) represents Senate District 48, which
includes Crawford, Dubois, Gibson, Perry, Pike and Spencer counties.
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