The Indiana legislature failed yet again to adequately protect Indiana's isolated wetlands. Last session, the legislature passed (overriding former Gov. O'Bannon's veto) HB 1798, which essentially removed state protection for isolated wetlands. Isolated wetlands are now classified according to an unscientific scheme that seeks to minimize the amount of wetland area available for protection. The law classifies wetlands into three categories: Class I, II, and III. To receive a Class III classification (the most protective), a wetland must be rare and ecologically important, or virtually undisturbed by human activity or development. This Class III designation is very difficult to obtain. A Class I wetland is one that has had a 50% disturbance by human activity or development and a Class II wetland is one that is not a Class I or III. Under the statute, a Class I wetland under one-half acre does not receive any protection, nor does a Class II wetland under one-quarter acre. Furthermore, human activity or development for Class I and II wetlands is allowed under an all-encompassing general permit, which does little to regulate the types of activities to be conducted. This session the legislature tried to fix HB 1798 by passing HB 1277, but, instead of restoring protection to wetlands, the bill removed protections for wetlands and bodies of water under 10 acres. It is important for states to maintain protection for isolated wetlands because of the January 2001 Supreme Court decision that eliminated federal protection for isolated wetlands. Indiana state legislators need to take another look into the issue again next session, and remedy the statues they failed to correct this legislative session.

Ran 6/1/04