Note: Most states have enacted laws and regulations to protect wetlands. In many cases, these rules are established to define the state's role in the "§404 permit/§401 certification process." This process involves the U.S. Army Corps of Engineers and your state environmental agency. To learn more about the wetlands permitting process go to the CICA Wetlands Regulations/Permit page.
How Are Wetlands Activities Regulated by Indiana? Any person who wishes to place fill materials, excavate or dredge, or mechanically clear (use heavy equipment) within a wetland, lake, river, or stream must first apply to the U.S. Army Corps of Engineers (USACE) for a Section 404 permit. If the Corps of Engineers determines that a wetlands (Section 404) permit is needed, then the applicant also must obtain a Section 401 Water Quality Certification from the IDEM Office of Water Quality (OWQ).
Mitigation Measures. For projects that exceed 0.1 ac of wetland impacts (as a general rule), or for smaller impacts to high quality wetlands, mitigation is required. In most cases, mitigation involves restoring or creating wetlands similar to those impacted, at a ratio of at least 1.5:1.0 (mitigation:impact), in the vicinity of the impact. Very rarely is enhancement or protection of an existing wetland approved as mitigation, but technically they are options. For impacts to wetlands that are dominated by grasses, wildflowers and other herbaceous plants, the impact ratio is generally between 1.5:1 and 2:1. For wetlands dominated by shrubs and saplings the ratio usually varies from 2:1 to 3:1. Wetlands dominated by trees are replaced at a 3:1 to 4:1 ratio. These ratios can be increased by the regulatory agencies based on the quality of the wetland impacted and the distance of the mitigation site from the impacted site.
Water Environment Federation. The WEF Web site provides access to a wetlands related technical discussion area, as well as publications and other information on wetlands.
Wetlands Regulation Center. The Wetlands Regulation Center Web site contains information on laws, policies and regulations concerning activities regulated under Sections 401 and 404 of the Clean Water Act.
Association of State Wetland Managers. The Association of State Wetland Managers Web site provides information on wetlands news and events, including new regulations/legislation, upcoming conferences and events, publications, and more.
Society of Wetland Scientists. The Society of Wetland Scientists Web site provides access to on-line scientific wetlands journals and a wetlands discussion forum, as well as information on upcoming wetlands conferences and events.
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