Indiana Senate voted 29-19 on Monday to eliminate virtually all state regulations applying to wetlands. All 29 votes were from Republicans; 9 Republicans joined 10 Democrats in opposing the measure.
Wetlands would still be regulated by the federal government under the Clean Water Act, but that oversight would only apply to about 20% of the remaining wetlands because of how former President Donald Trump’s administration defined wetlands.
It’s possible that President Joe Biden’s administration could change the definition, but that has not happened yet.
The Indiana Department of Environmental Management, the Indiana Department of Natural Resources and several environmental groups are opposed to the bill. But farmers and developers support the legislation and have argued that the state regulation has become an unnecessary burden.
According to IDEM, 85% of Indiana’s wetlands have already disappeared over the years and officials are concerned about losing protections for the remaining 15% because wetlands have several environmental benefits, such as preventing flooding by absorbing water, providing a habitat for wildlife and helping with water quality.
But Garten argues that IDEM is over-regulating what’s known as isolated wetlands, meaning they are surrounded by dry land instead of any waterway, and farmers and developers are being harmed.
“I have major concerns that our farmers are being singled out,” Garten said.
Sen. Karen Tallian, D-Portage, said she thinks the legislation is just trying to help a handful of farmers and developers who have complained about IDEM’s mitigation requirements.
“I find myself saying, ‘Does that mean we get rid of the entire program?’” Tallian said.
Sen. Sue Glick, R-LaGrange, said she thinks IDEM’s regulatory practices need to be tweaked, but dissolving all oversight is not the solution.
