Sec. 4. (a) The following shall be authorized by a general permit:
(1) The maintenance of a field tile within a Class II wetland. However, the maintenance described in this subdivision may be authorized only if the field tile:
(A) is necessary to restore drainage of land adjacent to the wetland; and
(B) does not have the effect of draining the wetland.
(2) The maintenance of a field tile within a Class III wetland. However, the maintenance described in this subdivision may be authorized only if:
(A) the maintenance of the field tile:
(i) is necessary to restore drainage of land adjacent to the wetland; and
(ii) does not have the effect of draining the wetland; and
(B) the applicant obtains a site-specific approval for the maintenance of the field tile under section 12 of this chapter.
(b) The maintenance of a field tile in a Class I wetland does not require a permit.
(c) The board shall adopt rules under IC 4-22-2 and IC 13-14 to establish and implement the general permits described in subsection (a).
As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.7; P.L.160-2021, SEC.9.
Structure Indiana Code
Article 18. Water Pollution Control
Chapter 22. State Regulated Wetlands
13-18-22-1. Permit for Wetland Activity; Exceptions
13-18-22-2. Wetland Rules; Improving Classification of Isolated Wetland
13-18-22-3. Individual Permits for Wetland Activity; Adoption of Rules
13-18-22-4. General Permits for Wetland Activities; Adoption of Rules
13-18-22-5. Contents of Wetland Rules
13-18-22-6. Compensatory Mitigation
13-18-22-7. Department Action on Wetland Permits; Forms
13-18-22-10. Department Authority Over Wetlands
13-18-22-11. Applicability of Chapter to Certain Isolated Wetlands
13-18-22-12. Maintenance of a Field Tile in Class Iii Wetland; Application