SB 389 has passed the General Assembly and has been signed into law.  It will drastically reduce wetland protection.  The final version of the bill eliminates protection of Class I wetlands and significantly reduces protection for Class II.  It allows development of a wetland that was on cropland as long as the land was used for agriculture during the last 5 years or 10 years if it has no federal wetland. It is retroactive to January 1, 2021.

The Indiana Department of Environmental Management (IDEM) testified  that Indiana has already lost 85% of its original wetlands. Of the wetlands remaining, 80 – 90% were state-protected wetlands. The other 10 – 20% are federally protected. Wetlands are vital to a healthy ecosystem, provide  critical wildlife habitat. and reduce flooding. They provide a significant economic benefit. Additional wetlands information and list of organizations opposing SB 389.

UPDATES:

• Feb 1 – SB 389 passed the Senate by a vote of 29 to 19  (Senate votesheet) with bipartisan opposition.
• March 30 –  90 organizations sign a letter calling on the legislature to consider other policy options.
• April 7 – the House Environmental Affairs Committee adopted Amendment 24, which was a compromise that preserved protection of most wetlands.
• April 12 – The House voted to amend SB 389 and significantly reduce protection of wetlands.
• April 13 – The House voted 58 to 40  to pass SB 389.  There was bipartisan opposition. Read the House votesheet to find out how your representative voted.**
• April 14 – The Senate voted 31 to 19 (votesheet) to concur with the House version of SB 389, so the bill has passed the Indiana General Assembly.**
• April 26 – a letter calling on the Governor to veto SEA 389, cosigned by more than 100 organizations, was delivered to the Governor’s office.
• April 29  – the Governor signed SEA 389 into law, despite an unprecedented outpouring of organizational and citizen opposition.